Transfer pricing in Argentina at a glance
|Regulation Type||National regulations|
|Are there specific transfer pricing regulations?||Yes|
|Submission deadline||8 months after years-end|
|Submission deadline upon request||15 days (differs)|
|Annual update required||Yes|
|Official language requirements||Spanish|
|Potential impact of penalties||US $ 2,500|
Argentinian tax law
Rules for transfer pricing in Argentina are based upon:
- Law 20.628
- Decree 1344/98. General Resolution No. 1122/01
Argentina is not an OECD member and as such it does not follow the OECD Transfer Pricing Guidelines. However, in practice the OECD Guidelines are accepted, as long as there is no contradiction with the national regulations.
Accepted methods are:
- The comparable uncontrolled price method
- The resale price method
- The cost plus method
- The profit split method
- The transactional net margin method
- The quotation value of the asset on a transparent market on the day the goods have been shipped
Priority of methods
Rules for transfer pricing in Argentina prescribe that the best method should be used. There is, however, one exception. In the case of commodities exports made through an international intermediary agent, who is not the ultimate recipient of the goods, the last mentioned method of the list above should always be used.
Information that should be included in the documentation:
- Forms for transactions performed between foreign related parties: F742 (semi-annual), F743, and F969 (annual)
- Forms for transactions performed between foreign unrelated parties: F741 (for commodities, semi-annual), F867 (for import and export of non-commodity goods, annual)
- Transfer pricing report and CPA certification on certain contents of the transfer pricing report to be electronically filed through Form F 4.501 (annual)
- Form for transactions performed between local related parties: F968 (monthly) for transactions entered into after January 2014
- Record of Related Parties: registration of related parties (local and foreign)
Rules for transfer pricing in Argentina prescribe that all documentation should be in Spanish.
Requirements to prepare documentation annually
All documentation requirements as mentioned above should be update and filled annually.
Submission deadline upon request by tax authorities
In Argentina there is a different submission deadline per form:
- Form 742 must be filed within five months from the end of the first six-month period of the fiscal year
- Form 743, the financial statements (if appropriate), the transfer pricing study, and the CPA certification (Form 4501) must be filed within eight months from the year-end
- Form 969 must be filed within 15 days from the due date for filing the income tax return (approximately five months after the year-end)
- Form 741 must be filed within five months of the end of each semester of the fiscal year
- Form F 867 must be filed within seven months from the year-end
- Form 968 must be filed each month (for transactions entered into after January 2014)
- Record of Related Parties: must be filed in FY 2014 and any update 10 days after the related-party relationship is entered into
Advance Pricing Agreements
Rules for transfer pricing do no provide for an option to obtain an Advanced Pricing Agreement.
Failing to comply with the documentation requirements can result in a penalty of US $ 2,500.