Worldwide transfer pricing reference guide 2014

Argentina (continued)
Transfer pricing-specific returns
Taxpayers are required to file the following transfer pricing-specific returns with the AFIP:
• Annual Form 743
• Annual Form 969
• Form 742 (for the first six month period of each fiscal year)
• Semi-annual Form 741 (for commodities exports and imports with independent parties not located in tax havens)
• Annual Form 867 (for other exports and imports with independent parties not located in tax havens)
• Annual Form 4501 (for the digital filing of the transfer pricing study and CPA Certification)
Frequency of tax audit and transfer pricing scrutiny by the tax authority
The likelihood of an annual tax audit in general can be considered high; meanwhile, the chances of a transfer pricing review during such
an audit is estimated as medium. Nevertheless, once transfer pricing has become a topic of the audit, the likelihood of the tax authority
challenging the taxpayer’s transfer pricing methodology is high.
In addition, the trial-level court cases are being published. Although in most of these cases the taxpayers’ positions prevailed, however,
there were a few court cases in favor of the tax authorities as well. In addition, some second level court cases are also being published.
It is likely that the tax authority will try to increase revenue and strictly enforce penalties with companies that are not complying with
transfer pricing requirements.
APA opportunity
Currently, APAs are not specifically addressed.
Expected Reaction to OECD Report on BEPS
There have been no significant changes in the local legislation regarding BEPS. Nevertheless, on 6 January 2014, AFIP published
the Regulation N° 3577/14 establishing a new perception regime on the export of goods on which the final destination differs from
the country of residence of the buyer. Among other OECD Reports, this resolution is based on BEPS citing that some technically legal
practices may affect the tax levying.
In addition, AFIP reviewed the definition of Tax Heavens. On 7 January 2014, AFIP published a new list of the countries, jurisdictions,
territories and tax systems that are considered as “cooperators” for the purpose of fiscal transparency. The new list includes the
cooperators” divided into three categories, (i) Countries with which Argentina has signed Double Tax Treaties (DTT) or Tax Information
Exchange Agreements (TIEA); (ii) Countries included in the Multilateral Convention on Mutual Administrative Assistance in Tax Matters;
and (iii) Countries with which Argentina has initiated negotiations to sign a TIEA or a DTT with a broad clause for the exchange of
information. Different tax treatment will apply to jurisdictions not considered as cooperators, including different treatment under
transfer pricing, controlled foreign corporation, and foreign tax credit rules.
Argentina is a member country of the G-20 Group. Therefore, it can be expected that BEPS will have further effects in Argentina.
Worldwide transfer pricing reference guide
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