ARGENTINA Trends and Developments Contributed by: Sebastián López Sansón, Rubén Darío Atim, Martina Pilar García Vidal and Bautista López González, Salaberren & López Sansón
Once a filing deadline expires, the taxpayer receives an automated reminder through the electronic tax domicile. If non-compliance continues, ARCA applies differentiated waiting periods based on the taxpayer’s compliance profile, reflecting a risk-based administra - tive approach. The fine is formally assessed and the corresponding notice issued only after those periods have elapsed – and after automated verification of the taxpayer’s status. New statute of limitations periods The reform introduces a reduced three-year statute of limitations for tax audits applicable to taxpayers who timely file and pay their returns. This abbreviated period replaces the prior five-year term and functions as a benefit for compliant taxpayers, subject to spe - cific conditions. Access to the reduced period is conditioned on the absence of a “significant discrepancy”. A significant discrepancy exists where: • the adjustment increases the tax payable by at least 15%; • the difference exceeds the statutory criminal threshold for simple evasion (legally defined in ARS; USD70,000 equivalents are illustrative only); or • the adjustment arises from the use of false or sham invoices (facturas apócrifas ), regardless of the amount involved. The implementing decree further clarifies that volun - tary amended returns filed before formal audit com - mencement are not considered for purposes of deter - mining whether a significant discrepancy exists. Consistent with the reform’s emphasis on voluntary compliance, the implementing framework also pro - vides for a 50% reduction in administrative fines where taxpayers regularise discrepancies within 45 days of the original due date. This strengthens the incentive structure behind the shortened limitations period by rewarding early correction and good-faith compliance.
Creation of a Simplified Income Tax Return Regime The Tax Innocence Law establishes an optional Sim - plified Income Tax Return Regime for resident individ - uals and undivided estates that meet certain thresh - olds (described in practice as having approximately USD700,000 in annual income and USD7 million in total assets, but legally measured in ARS). Under this regime, the following applies: • ARCA pre-loads an income tax return using information available in its systems and from third parties, based on the taxpayer’s gross income and computable deductions for the period; • the taxpayer may review, modify, confirm and file the return; • if the return is filed and the resulting balance is paid on time, the filing produces a liberatory effect, effectively closing the tax year and protecting the taxpayer against future civil or criminal actions for that period, subject to the legal exceptions; and • a presumption of accuracy applies to income tax and VAT returns for prior non-statute-barred periods, subject to the law’s conditions and the absence of a qualifying significant discrepancy in the relevant filing. The implementing regulations further clarify that, with - in the simplified regime, ARCA’s review is narrowed with respect to net worth increases under the regime’s specific rules. This is a strong taxpayer protection, but it is not absolute. The statute and implementing regulations preserve ARCA’s authority to challenge the simplified return and, where the statutory conditions are met, to displace the protection if a “significant discrepancy” is later identified. Under the regulatory framework, this may occur, among other cases, if ARCA verifies: • a tax adjustment (or an equivalent reduction of tax losses or taxpayer credits) of at least 15% relative to the taxpayer’s declared position; • a difference exceeding the monetary threshold for simple tax evasion under the Criminal Tax Regime (used here as a statutory benchmark, not neces - sarily as a criminal characterisation); or
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