ARGENTINA Law and Practice Contributed by: Daniel Rinci, Tomas Cabanelas, Fernando García and Marisa Majul, Rinci & Asociados
9.2 Other Mechanisms Argentina does not operate a comprehensive system of advance tax rulings comparable to those available in many OECD jurisdictions. However, taxpayers may submit consultations on specific legal issues under a binding ruling procedure. A binding ruling, once issued, is legally binding on the tax authority with respect to the specific taxpayer and the specific fac - tual circumstances described in the consultation. The process is relatively slow and the scope of questions addressed is limited; as a result, rulings on transfer pricing or complex treaty issues are uncommon. Non-binding interpretative resolutions provide guid - ance on legal questions but are not formally binding on third parties. They are, nonetheless, an important source of administrative interpretation in practice and are routinely consulted by tax practitioners when no formal ruling has been sought.
Argentina has not signalled any near-term intention to adopt mandatory binding arbitration.
9. Dispute Prevention 9.1 Advance Pricing Agreements
Argentina does not currently operate a formal advance pricing agreement (APA) programme. While the domestic transfer pricing rules contemplate the possi - bility of pre-filing consultation regarding transfer pric - ing methodology, there is no established programme under which taxpayers can obtain a legally binding ruling on the arm’s length price for prospective trans - actions.
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