The national government made official the implementation of a new system to control payments abroad called "Comprehensive Monitoring System for Foreign Payments for Services (SIMPES)", through the General Resolution 5135/2022.
In the regulations, published this Friday (07.01.2022), the Federal Public Revenue Administration (AFIP) argued that SIMPES will allow the evaluation of the financial economic capacity of companies that carry out these operations and “will optimize tax compliance.”
The AFIP explained that the new instrument will allow for an evaluation of the financial economic capacity of companies that carry out these types of operations and clarified that “it is similar to the one already used for the importation of goods.”
The measure extends to payments abroad for services the evaluation carried out through the Economic Financial Capacity (CEF) system that is currently implemented on merchandise import operations (General Resolution No. 4.294/2018).
"The modifications will benefit those taxpayers who comply with the rules and will allow the identification of operators who cannot prove the origin of the income destined to make the payment abroad for the contracted services," argued the AFIP through a release.
In this way, the tax authority seeks to ensure that companies that import services have their tax situation in order and can account for their real capacity to pay for services contracted abroad.
The system will be Applicable to natural persons, undivided estates and legal persons, whatever form they take, that must make payments abroad on their own behalf or on behalf of third parties or act as payment orderers, to settle their own or third party obligations.
According to the regulations, the measure contemplates: Companies, corporations, trusts, condominiums, associations or entities of any kind, established in the country; establishments organized in the form of stable companies domiciled or located in the country, belonging to individuals or legal entities from abroad.
However, autonomous entities, departments, and dependencies of the National State, as well as institutions belonging to provincial or municipal states, are not included.
The measure comes into effect effective immediately, even being applicable to "Service contracts entered into prior to that date for which monetary considerations remain pending cancellation"clarifies the AFIP General Resolution.
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