Taxpayers should review the new transfer pricing obligations and adjust their procedures accordingly.

The Argentine tax authorities amended the transfer pricing compliance obligations through General Resolution No. 4496 (GR 4496), published in the Official Gazette on 27 May 2019.

GR 4496 establishes one due date for the various Argentine transfer pricing forms. Under GR 4496, taxpayers must file all transfer pricing forms, when applicable, and the related documentation in the first week of the eighth month following the close of the tax year. The transfer pricing forms include Forms 741, 743, 867 and 4501.

GR 4496 eliminates Form 969, which was due May 28, 2019 for the tax year ending December 31, 2018. Additionally, GR 4496 updates the global amounts and de minimis transactions that trigger the obligation to file Form 743 and Form 4501 with the Transfer Pricing Report and the Certified Public Accountant Certification. Taxpayers must file those forms if they have transactions (invoiced during the tax year) with foreign related parties or with third parties located in tax havens (i.e., non-cooperating countries or low or no taxation jurisdictions) that individually exceed ARS 300,000 or as a whole exceed ARS 3,000,000 (approx.¹ USD 6,666 and USD 66,666).

Taxpayers must file Form 867 if they have transactions of at least ARS 10 million or more (USD 222,222). It also establishes that there will be two different Form 867 reporting categories — one from ARS 10 million to ARS 100 million, and one for more than ARS 100 million.

Deadlines related to the Argentine country-by-country report filings remain unchanged.

Companies doing business in Argentina should monitor how the provisions of GR 4496 impact their business and transfer pricing compliance.

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¹ Please note that USD amounts are included for reference purposes only and calculated based on the current exchange rate that may change from time to time. All amounts in the regulations are denominated in ARS.