Fifteen months after the current Government took office, the growing consolidation of State intervention in the regulation of Argentine foreign trade can be observed.
It clearly emerges a strict currency management (both those generated by exports and those demanded by imports) having mutated from a supposed free exchange market attempted to be carried out by the Macri administration to a tightly controlled foreign exchange market with significant penalties for violators (foreign exchange proceedings, operator suspensions, significant fines and criminal complaints).
This context includes a Greater intervention and monitoring of operations by the AFIP materialized in controls on the declared prices of exports and imports (reference values and documentary inspections), tools intended to combat tax evasion and the flight of foreign currency through price alterations and/or triangulations, applying penalties such as tax adjustments, suspension of operating license, fines, confiscation of goods, etc. .
The Agency also implement the tax planning (PF) information regime (RG 4838/20) A measure that has been highly questioned in various media by professionals in Economic Sciences and by entities that group us together requesting that the courts apply precautionary measures to prevent its implementation.
However, the recent RG 4927/21 related to the return of VAT to exporters, Incorporates the requirement of having to have complied with the information obligation established by the aforementioned RG 4838, to request the accreditation, refund or transfer of the aforementioned tax in export operations, excluding of the general refund regime (RG (AFIP) 2000) to subjects who have not complied with it, hindering thus the repayment of said debts.
Similarly, it is worth remembering that in order to obtain the return of the so-called export incentives (refunds and reimbursements), one must be up to date with the income from exports.
In short, these measures and other additional ones that are not highlighted for reasons of space, They bring with them the urgent need of the export/import sector as well as the professionals who accompany them. (Accountants, Lawyers and Graduates in Economics, Administration, Foreign Trade, among others) of to enhance their regulatory knowledge and to increasingly specialize in its particularities, with the aim of achieving efficient administrations that are adapt to this new era and minimize the risks of fiscal contingencies .
Mario Bibiloni is director of the distance learning postgraduate course «Aspects of Customs and Foreign Exchange Taxation» (National University of Comahue)
