The Customs Collection and Control Agency (ARCA) announced today (19.12.2024) the publication of the General Resolution 5617/2024 in the Official Gazette. This regulation replaces and reorganizes the text of General Resolution 4815 of the AFIP, which regulates the "Regime for collecting income tax and personal property tax on purchases of foreign currency."
With this regulatory update, ARCA guarantees the continuity and scope of the established collection regime, adapting it to the context of the imminent end of the PAIS Tax, which expires on December 22, 2024. The objective of the new legal text is to preserve stability in collection and avoid possible legal loopholes in the transition to a new tax scheme applicable to these operations.
To this end, the new law establishes a series of provisions to organize and regulate the collection system. Six of the twenty provisions are highlighted below:
- Article 1: Establishes the scope of the perception regime that will be applied at the national level on certain operations related to the purchase of foreign currency.
- Article 2: Lists the operations that are excluded from the perception regime.
- Article 3: Defines the subjects susceptible to perceptions.
- Article 4: Identify the agents responsible for acting as perception agents.
- Article 5: Specifies the moment in which perception should be practiced.
- Article 6: Details the method for calculating the amount to be received, setting a rate of 30% on the amounts in pesos indicated for each case.
For the implementation of this measure, ARCA clarifies that the provisions of General Resolution 5617/2024 will enter into force upon its publication in the Official Gazette on December 19, 2024. From this date, they will be applicable to exchange operations carried out, even if they correspond to transactions carried out during the validity of General Resolution 4815, including its amendments and complementary regulations.
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