In focus
General considerations
On 21 July 2023, Resolution No. 5391/2023 ("Resolution") was published in the Official Gazette, whereby the Federal Tax Authority (FTA) implemented advance income tax payment for Argentine companies and Argentine branches of foreign companies, among others, that have obtained extraordinary income.
Subjects covered by the Resolution
The FTA determined that the taxpayers who must pay the advance income tax established in the Resolution must meet the following requirements:
a. That the amount of the income tax result arising from the tax returns corresponding to either fiscal year 2022 or 2023, without considering the deduction of tax losses from previous years, is equal to or higher than ARS 600 million
b. That they did not pay income tax.
In order for the taxpayer to determine whether it is included in these parameters, it must consider the income tax return for the 2022 tax period, if the closing of its business year took place between August and December 2022, both inclusive. For taxpayers whose fiscal year operates between January and July 2023, both inclusive, they must consider the tax return corresponding to the 2023 fiscal year.
Taxpayers not covered by the Resolution
Taxpayers who have obtained an income tax exemption certificate during the tax periods 2022 and 2023 are excluded.
Allocation rules of the advance income tax
Taxpayers whose fiscal year ended between August and December 2022 shall allocate the advance income tax in the fiscal year 2023.
Taxpayers whose fiscal year ended between January and July 2023 shall allocate the advance income tax in the fiscal year 2024.
Calculation of the advance income tax
For taxpayers who (i) have obtained a tax result for either 2022 or 2023 equal to or higher than ARS 600 million, without considering the deduction of tax losses from previous years, and (ii) did not pay income tax, the amount of the advance income tax shall be equivalent to 15% of the tax result obtained.
Payment of the advance income tax
The Resolution establishes that the advance income tax, as well as its interest and other accessories, will be deferred in three equal installments, and must be paid by electronic funds transfer through an electronic payment slip under the code 'Tax-Concept-Subconcept:10-183-183,' by accessing the FTA digital service called 'Presentación de DDJJ y Pagos.'
Timeliness of the payment of the advance income tax
The FTA's due dates for each installment of the advance income tax are set according to the closing of the taxpayer's business year, as shown in this table:
| Business year-end |
Advance payment due date |
| Installment 1 |
Installment 2 |
Installment 3 |
| August to December 2022 |
22 August 2023 |
22 September 2023 |
22 October 2023 |
| January to May 2023 |
22 December 2023 |
22 January 2024 |
22 February 2024 |
| June 2023 |
22 January 2024 |
22 February 2024 |
22 March 2024 |
| July 2023 |
22 February 2024 |
22 March 2024 |
22 April 2024 |
If the due date falls on a nonbusiness day, it will be moved to the next business day.
Relevant characteristics of the advance income tax
The Resolution establishes that the advance income tax may not be cancelled through tax compensation, nor may it be considered by the taxpayer in the estimate within the framework of the advance income tax reduction option.
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