The Federal Public Revenue Administration (AFIP) approved a new regulation of the formalities, requirements and other conditions of the transfer pricing regime in substitution of General Resolution 1122/2001, through the General Resolution 4717/2020.
The regulations, published this Friday (15.05.2020/9/16), regulate the formalities, requirements and other conditions that must be observed by the subjects covered by the provisions of articles 17, 18, 126, 127, XNUMX and XNUMX of the tax law, in order to demonstrate the correct determination of prices, amounts of consideration or profit margins resulting from transactions carried out between related parties or with subjects domiciled, incorporated or located in countries with zero or low taxation or non-cooperating for the purposes of tax transparency, as well as the prices set in export and import operations of goods between independent parties.
According to the official text, the range is:
SUBJECTS INCLUDED: : the subjects covered by this regime are the subjects included in paragraphs a), b), c) and d) of the first paragraph of Art. 53 of the Income Tax Law, text ordered in 2019 and its modification, for the following operations or transactions:
1. Import and export between independent parties.
2. Carried out with the related subjects indicated below:
a) Natural or legal persons, affected assets, establishments, trusts or equivalent figures, constituted, domiciled, established or located abroad.
b) Permanent establishments abroad of which they are the owners, or those operations that said permanent establishments carry out with other permanent establishments of the same owner or with persons or other types of entities in the country or abroad linked to the resident in the country, in accordance with Art. 126 of the Income Tax Law, text consolidated in 2019 and its amendment.
c) Other non-resident subjects or entities with which they are linked under the terms of Art. 127 of the aforementioned law.
3. Carried out with subjects domiciled, incorporated or located in non-cooperative jurisdictions or with low or zero taxation, in accordance with articles 19 and 20 of the Income Tax Law, text ordered in 2019 and its amendment, and 24 and 25 of its Regulatory Decree, whether they do so by themselves or through their permanent establishments abroad.
Operations carried out with the subjects included in points 2. and 3. above shall be governed by the transfer pricing provisions provided for in this regime.
SPECIAL EXPIRATION: The affidavit form F. 2668, the Transfer Pricing Study, and the "Master Report" corresponding to the fiscal periods closed between December 31, 2018 and April 30, 2020, both dates inclusive, must be submitted - as an exception - by taxpayers or responsible parties, in the months of June, August, and October 2020, as follows:
– From December 2018 to May 2019, in June 2020
– From June 2019 to November 2019, in August 2020
– From December 2019 to April 2020, in October 2020
This presentation must be made, respectively, on the following dates according to the termination of the Unique Tax Identification Code (CUIT):
CUIT ENDING:
When the due dates indicated in this Art. coincide with a holiday or non-working day, they will be moved to the immediately following business days.
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