ARGENTINA Trends and Developments Contributed by: Sebastián López Sansón, Rubén Darío Atim, Martina Pilar García Vidal and Bautista López González, Salaberren & López Sansón
• the use of apocryphal (ie, non-genuine) invoices or other supporting documents, subject to the spe - cific corrective rules set out in the regulations. The best analogy is not a tax amnesty, but a condi - tional statutory safe harbour tied to truthful reporting and procedural compliance. In addition, a spontaneous amended return filed before ARCA’s formal intervention is excluded from the significant discrepancy analysis. A similar cor - rective mechanism applies in apocryphal document cases if the taxpayer rectifies before service of the tax assessment notice ( determinación de oficio ), and regularises the resulting tax difference and interest, as applicable. Updating reporting requirements and financial traceability In parallel with the Tax Innocence Law, the administra - tion has undertaken a significant recalibration of finan - cial reporting thresholds and automatic information reporting regimes. Although these measures do not formally amend the Tax Innocence Law, they operate alongside it and reinforce its broader objective of nar - rowing disproportionate enforcement mechanisms. Several automatic reporting obligations have been eliminated, and financial reporting thresholds have been materially increased. In particular: • the reporting threshold for transfers and credits in virtual wallets was raised to ARS50 million for indi - viduals and ARS30 million for legal entities (USD equivalents are approximate); • comparable thresholds now apply to bank trans - fers and account movements, which are reportable only above those amounts; and • fixed-term deposits and brokerage holdings are reportable only above ARS100 million for individu - als and ARS30 million for entities. Separately, ARCA increased the threshold for requir - ing customer identification in final consumer pur - chases to ARS10 million (approximately USD7,000). Transactions below that amount no longer trigger purchaser identification requirements, regardless of payment method.
Taken together, these adjustments reflect a deliber - ate narrowing of automatic reporting mechanisms, aligning tax oversight with transactions of material economic significance rather than routine financial activity. Recent legislative developments: the new Labour Modernisation Act As this article was being finalised, the Labour Mod - ernisation Act was advancing through the final stages of the legislative process, and has now been passed as Law No 27,802. Although primarily framed as labour legislation, the Act also includes significant tax amendments with practical implications for both One of the most technically significant proposed changes concerns the treatment of tax losses under the Income Tax Law. The Act provides that tax losses generated in fiscal years beginning on or after 1 Janu - ary 2025 would be adjusted for inflation based on the Consumer Price Index (IPC), measured between the closing month of the fiscal year in which the loss arose and the closing month of the fiscal year in which it is used. Exemptions for individuals: rental income and real estate transfers corporate and individual taxpayers. Inflation adjustment of tax losses Another relevant proposed amendment affecting indi - viduals under the Income Tax Law would apply from tax years beginning on 1 January 2026 and includes: • an exemption for income derived from residential leases (house-habitation rentals); and • an exemption for capital gains derived from the sale of real estate and from transfers of rights over real estate, subject to regulatory conditions. RIMI – Regime for Incentivising Medium-Sized Investments The Labour Modernisation Act also creates RIMI ( Régimen de Incentivo para Medianas Inversiones ), a nationwide incentive regime aimed at promoting productive investment by micro, small and medium- sized enterprises. The regime applies to “productive investments” made during the first two years after its entry into force, and establishes minimum investment
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