On September 1, 2022, the Argentine tax authority (AFIP) published in the Official Gazette General Resolution No. 5254/2022 (the Resolution), suspending the mandatory reporting regime implemented by General Resolution No. 4838/2020 (Resolution 4838).

Background

On October 20, 2020, AFIP issued Resolution 4838 establishing a mandatory reporting regime for domestic and international arrangements (planificaciones fiscales, in Spanish) implemented since January 1, 2019 or implemented before that date if the effects of the arrangements subsist as of October 20, 2020. Under Resolution 4838, taxpayers that participate in any domestic or international tax-planning arrangements, or tax advisors that participate (directly or through related parties) in implementing tax-planning arrangements, must comply with the mandatory reporting regime. Tax advisors do not have to comply with the mandatory reporting regime if they invoke professional confidentiality and report that option to the AFIP. Taxpayers, however, may waive professional confidentiality. For more information, see Tax Alert 2020-2526 and 2021-0038.

General Resolution No. 5254

The Resolution suspends the mandatory reporting regime for 60 calendar days beginning on September 1, 2022.

The Resolution notes that courts have, in several cases, held in favor of various Professional Councils of Economic Sciences of Argentina, suspending the mandatory reporting regime for tax advisors until a final judgment is issued. As a result, AFIP considers it appropriate to modify the regime to make it more effective and efficient.

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