ARGENTINA Law and Practice Contributed by: Daniel Rinci, Tomas Cabanelas, Fernando García and Marisa Majul, Rinci & Asociados
Rinci & Asociados Estudio Rinci & Asociados Av. Santa Fe 830 - 2° Floor Buenos Aires Argentina Tel: +54 011 5031-8980 Email: Info@estudiorinci.com Web: www.estudiorinci.com
1. Sources and Principles 1.1 Domestic Sources of International Tax Law Primary Legislation The main source of international tax law in Argentina is the Income Tax Law and its implementing decree. This statute governs the taxation of Argentine-source and foreign-source income for both residents and non-residents. The Personal Assets Tax Law and the Value Added Tax Law also contain provisions with cross-border implications. Regulatory and Administrative Sources The Federal Tax Authority ( Agencia de Recaudación y Control Aduanero or ARCA) issues general resolutions and concrete-case interpretative rulings that form a critical layer of administrative guidance. While inter - pretative rulings are not formally binding on third par - ties, they carry substantial weight in practice and are routinely followed by taxpayers and advisers. Case Law and Constitutional Principles Argentine courts, including the Supreme Court of Justice, have developed a body of constitutional tax jurisprudence centred on the principles of legality (no tax without law), equality, non-confiscation and ability to pay. The economic reality doctrine (or substance over form) codified in the Tax Procedure Law allows the authorities to look through form to substance in interpreting transactions.
Treaty Network Argentina has concluded 23 comprehensive double tax treaties (DTTs), currently in force, with countries including Germany, Australia, Austria, Belgium, Boliv - ia, Brazil, Canada, Chile, Denmark, Finland, France, Italy, the Netherlands, Norway, Russia, Spain, Swe - den, Switzerland, the UAE, and the United King - dom. Argentina has also entered into tax information exchange agreements (TIEAs) with several jurisdic - tions. The treaty network is relatively modest in scope compared to those of OECD member states, but con - In Argentina’s constitutional framework, international treaties – once ratified and incorporated – have supra- legal status; that is, they rank above ordinary legisla - tion but below the National Constitution. This hierar - chy, established in the Constitution, means that where a tax treaty conflicts with domestic tax law, the treaty generally prevails. tinues to expand gradually. 1.2 Hierarchy of Sources Domestic tax law’s hierarchy starts with congres - sional laws, which are then regulated by presidential decrees. ARCA’s regulations are legally subordinate to both treaties and statutes. However, its officials will uphold the provisions contained in the organism’s res - olutions without questioning potential conflicts with superior legislation. Thus, given the practical impor - tance of regulatory resolutions in day-to-day compli - ance, taxpayers must monitor these closely alongside statutory law.
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