Argentina: The tax on the acquisition of foreign currency has been reduced for certain transactions

In brief

  • On 2 September 2024, Decree No. 777/2024 ("Decree") was published in the Official Gazette.
  • By means of the Decree, the tax on the acquisition of foreign currency ("Tax") was reduced from 17.5% to 7.5% (i) on the acquisition of foreign currency for payments to be made for freight services and other transport services for import or export operations of goods; and (ii) on the acquisition of foreign currency for payments to be made for the import of goods (with certain exceptions).
  • The Decree will be applicable to operations carried out for the acquisition of foreign currency as from 2 September 2024.

Contents

In depth

  1. General considerations

On 2 September 2024, the Decree was published in the Official Gazette to reduce the Tax on certain transactions.
The Tax was created by Law No. 27,541 of Social Solidarity and Productive Reactivation in the framework of Public Emergency ("Emergency Law") back in December 2019 and is applicable to Argentine tax residents for the following activities:

  • Acquisition of foreign currency — including travel checks — for saving purposes or without any specific purpose related to the payment of obligations under the terms of the existing FX regulations, made by Argentine residents.
  • Exchange of foreign currency made by Argentine financial entities, in the name of a local party, to pay for the acquisition of goods or services rendered abroad, canceled using a credit, purchase or debit card or any other payment method determined by the regulations, including extractions of cash made abroad (Acquisitions made using websites and any other type of operations that imply a remote acquisition of foreign currency are also included).
  • Exchange of foreign currency made by Argentine financial entities for payment, in the name of a local party, of services rendered by nonresident parties, canceled by credit, purchase or debit cards, as well as any other payment method determined by the regulations.
  • Acquisition of services abroad using travel and tourism agencies of Argentina.
  • Acquisition of land, air and water passenger transportation services in which it is necessary to acquire foreign currency for payment, for destinations outside of Argentina
  1. Reduction of the Tax for certain transactions
  • The Decree reduced the Tax for the following transactions:
  • From 17.5% to 7.5% on the acquisition of foreign currency for payments to be made for freight services and other transport services for import or export operations of goods, in accordance with Central Bank of Argentina regulations, or their acquisition in the country when rendered by nonresidents.
  • From 17.5% to 7.5% on the acquisition of foreign currency for the importation of any type of goods except for (i) those detailed in Annex I of Decree 99/2019 (that already paid the tax) and those included in Chapters 27 and 38 (different types of oil) of the Mercosur Common Tariff Schedule; (ii) raw materials and intermediate goods used in the manufacture of basic food stuff to be determined by the Ministry of the Economy; and (iii) other goods related to energy generation to be determined by the secretary of energy. This Tax applies to definitive imports, including those to free trade zones and the Tierra del Fuego Island, as well as temporary imports (except those covered by export finance or paid after the effective liquidation in Argentina of the export proceeds).
  1. Collection agents
  • The subjects designated by the Emergency Law, such as financial entities, must act as collection agents.
  1. Effective date
  • The Decree will be applicable to operations carried out for the acquisition of foreign currency as from 2 September 2024.

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