Argentina

    Corporate taxation

    The corporate tax rate in Argentina is 35%. A minimum income tax at a rate of 1% is applied to the tax value of the company's fixed and current assets (liabilities cannot be deducted). Some industries and investments are exempt from the minimum income tax. The minimum income tax only applies to the extent it exceeds the (regular) income tax calculated as a % of the taxable income. The minimum income tax paid in any given year reduces the (regular) income tax of subsequent years (maximum carry forward of 10 years). This tax has been repealed with effect from tax year 2019.

      Transfer pricing

      In 2003 certain amendments to the Income Tax Law that affected transfer pricing regulations was introduced. One of the amendments related to one of the points of an anti-evasion programme, with one of its objectives being to control evasion and avoidance in international operations resulting from globalisation. On the one hand, Law 25,784 replaces regulations on the import and export of goods with related and unrelated parties (replacement of Article 8 of the Income Tax Law), eliminating the concept of wholesale price at the point of destination or origin as a parameter for comparison. Now, in the case of imports or exports of goods with international prices known through commonly traded markets, stock exchanges, or similar markets, the new parameter establishes that those prices will be used to determine net income. On the other hand, a new transfer pricing method is introduced for the analysis of exports of commodities (amendments to Article 15 of the Income
      Tax Law). Taxpayers currently have two important transfer pricing-related obligations: to prepare, maintain and file transfer pricing documentation; and to file an information return (special tax return) on transactions with non-resident-related parties. In addition, taxpayers are required to maintain some documentation on import or export of goods between unrelated parties.

      Transfer Pricing Case Law

      Case Name Description Date Court Keywords