07.06.

2013

Argentine Tax Authorities modifies Transfer Pricing regulations

Milton Gonzlez Malla and Pablo Godoy , Ernst & Young, Argentina
On 10 April 2013, the Argentine Federal T ax Authorities (Adm inistracin Federal de Ingresos Pblicos orAFIP) published General Resolution N 3,47 6 in the Official Bulletin (Boletn Oficial ), introducing m odifications to the current T ransfer Pricing regulations. T hese m odifications inter-alia require tax pay er to file T ransfer Pricing reports in electronic form at. The key changes introduced by AFIP are as follows: 1 . The modifications are applicable to fiscal y ears ending as of 31 December 201 2, inclusiv e; 2. Certain modification are made in the submission requirements for the Transfer Pricing reports and the respectiv e CPA certification (including the corresponding Professional Counsels interv ention); and 3. New compliance obligation to submit Transfer Pricing return Form F.4501 . As ex pressed in the general resolutions recitals, it is in the general and permanent purpose of the AFIP to help tax pay ers and/or their responsible for the fulfillment of tax obligations, through the dev elopment of informatics sy stems. In this line, the resolution sets forth the obligation to file the Transfer Pricing reports v ia electronic submission with a Fiscal Code ( Clave Fiscal ) in .pdf format along with its digital signature requirements, in lieu of the former practice of paper filings. In addition, there is a new obligation to submit a new Transfer Pricing return Form, F.4501 , which must contain the Transfer Pricing report attached and the CPAs certification. If there is a need to attach a public translation of foreign language content, it must contain a notary publics digital signature. The digital signature requisite requires the tax pay er to possess a Digital Certificate Lev el 4 issued by the AFIPs Certify ing Authority , in conformity with the prov isions set forth in General Resolution N 2,651 , and with the corresponding authorization according to the terms set forth in General Resolution N 3,380. Finally , in Ex hibit V II the procedure for the preparation, digital signature on the part of the tax pay er, the CPA and the respectiv e Professional Council and electronic submission of Form F.4501 is included. Ex hibit V II also includes an ex ception mechanism for those cases in which the electronic file ex ceeds the max imum permitted size and/or the sy stem is unresponsiv e. The prov isions of General Resolution N 3,47 6 are effectiv e as of this date, and shall be applied for those fiscal y ears ending as of 31 December 201 2, inclusiv e, whose deadline for the filing of the Transfer Pricing report and pertinent information takes place between the third and ninth of August 201 3. To download General Resolution N 3,47 6 click here [It is av ailable only in Spanish Language] Authors: Milton Gonzlez Malla is a Partner at Ernst & Y oung, Argentina. He may be contacted at: m ilton.gonzalez-m alla@ ar.ey .com . Pablo Godoy is manager at Ernst & Y oung, Argentina. He may be contacted at: pablo.godoy@ar.ey.com

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