The Federal Administration of Public Revenues (AFIP) established a new complementary information regime for international operations, aimed at large companies, with the aim of achieving a “effective assessment and risk management of compliance in international taxation” and in responses to the problems of the previous regime pointed out by the advice of professionals in the field.
The Complementary Information Regime of International Operations (Ricoi) was regulated through General Resolution 5306/2022, published today in the Official Gazette.
It will allow the AFIP online control over international operations carried out by large companiesand replaces the National and International Fiscal Planning Information Regime.
The previous scheme, launched in 2020, had already been suspended since last September 6, in response to the claim of the professionals grouped in the Professional Councils of Economic Sciences, while “their contributions and opinions” were collected in order to adapt it.
The head of the AFIP, Carlos Castagneto, had indicated at that time that the decision responded to the “demand of different sectors” because the regime, through its figure of “tax advisor”, forced “accountants and lawyers to compromising the professional and tax secrecy of their clients”.
The agency clarified that with Ricoi, lawyers and accountants will no longer have personal responsibility, which will now fall on the companies.
The information of the new regime must be presented by the obligated taxpayers after the expiration of the Income Tax affidavit and, to do so, they must enter with Fiscal Code Level 3 to the web service “Complementary Information Regime of International Operations”.
The subjects affected are companies and associations, and their derivative firms constituted in the country as well as those derived from trusts constituted here, according to the agency in a statement.
Unlike the previous regime that covered all legal and human persons, the Ricoi exempts SMEs in its sections I and II (billing categories).
The new regulations will be applied to the presentation of the information corresponding to the fiscal years closed as of August 1 of this year.
As part of the process, the AFIP will show the taxpayer the information obtained from abroad through the international agreements it has with third countries.
Through the recitals, the organization stressed the importance of these operations, noting that “the integration of economies at a global level, the expansion of digital commerce and the free circulation of capital have favored the carrying out of operations by taxpayers between different jurisdictions”.
Among other actions that may cause an erosion in the country’s tax base and that must be declared are those related to permanent establishments in the country, such as, for example, when a local subject usually plays the main role in the negotiation of contracts , and such activity leads to the conclusion of its fundamental elements in the country despite the fact that these contracts or their authorization occur abroad; or when a subject from abroad carries out a work or project in the country with a term greater than six months through successive contracts.
In the same way, cases should be reported where the transfer of benefits to other jurisdictions is favored, taking advantage of the asymmetries in the tax laws to reduce the payment of taxes in the country, or schemes that seek to evade the obligation to report in Fatca – US law. of tax compliance of foreign accounts- or the Common Reporting Standard (CRS).
According to the collecting agency, The new regime is the result of a “joint effort” together with “the different business entities and professionals, with whom the organization maintains a constant dialogue in its objective of permanently improving current regulations”.
The presentation of the new regime of the AFIP
Within this framework, the modifications were presented on Monday by the AFIP at its headquarters to representatives of the private sector of the Federation of Professional Councils of Economic Sciences (Facpce), the Argentine Industrial Union (UIA), the Argentine Confederation of Medium Company (CAME) and the Federation of Commerce and Industries of the City of Buenos Aires (Fecoba).
The Facpce, representing the 24 councils that make it up, indicated in a statement its “approval for the measure adopted by the AFIP”, and indicated that the previous regime “advanced dangerously on a consecrated constitutional right, jurisprudence and regulations in force, what is the professional secrecy and due secrecy in the professional-client relationship”.
Payment facilities plan
On the other hand, in another measure taken this Tuesday through general resolution 5305/2022, the AFIP extended until next January 31 the term to access a plan of payment facilities to regularize the outstanding balances of taxes on Earnings and Personal Property.
Those who adhere to it will receive better conditions regarding the number of installments and the percentage of payment on account required, in addition to the fact that the category of the debtor’s Risk Profile System (Siper) will not be considered when setting the installment plan. , as long as they are categories A, B, C or D, excluding those categorized as “very high risk” (category E).
The payment plan allows access to three installments with a payment on account of 25% and a monthly interest rate equivalent to the Nominal Annual Rate (TNA) of the fixed terms in pesos at Banco Nación at 180 days, plus 1%. annual in case of being human persons or 3% in the case of legal persons.
The scheme especially benefits category B, C and D taxpayers, who, if the payment plan was not present, had to face payments on account of a higher percentage (between 35% and 50%) and with a maximum of two installments. –category B- or a single –C and D-.
