First of all, it is worth clarifying that money laundering allows for Accession of natural persons who have been tax residents before December 31, 2023 and who, on that date, have lost that status, in respect of which it will be considered that have reacquired tax residency as of January 1, 2024.
This regime also provides that taxpayers submit a regularization DDJJ, identifying the assets to be declared and providing the necessary evidence and documentation to prove ownership and the value of the regularized assets.
AFIP: modifications and clarifications for non-residents
The following changes are made to General Resolution No. 5,528:
1. For resident subjectsthe following is added to Article 1:
They must have a Unique Labor Identification Code (CUIL), Identification Key (CDI) or Unique Tax Identification Key (CUIT) with administrative status “Active: without limitations” or the following:
– “Limited due to Lack of Registration in Taxes/Regimes” or “Limited due to Lack of Filing of Affidavit” or “Limited due to Lack of Movement and Employees in Affidavit” or “Limited due to Non-Compliance with Electronic Control Actions”, in the terms of General Resolution No. 3,832 and its amendments.”
2. For non-resident subjects who were Argentine tax residents, things are added in paragraph 2 of Article 3:
To join the money laundering program, subjects must designate a person in charge who must manage the registration through the service with a tax code. “Registration System”, “Tax Registry” menu, “Relationships” option. To do this, you must enter a new relationship by selecting the option “Liable for another’s debt Art. 6 Law 11683”. Then, the designated person must accept the designation in the “Registration System”, “Tax Registry” menu, “Acceptance of designation” option.
3. A highlighted sentence from Article 10 is replaced:
In order to prove ownership, possession, holding or custody as of December 31, 2023 and the valuation of the regularized assets, the reliable evidence and/or supporting documentation established in each case must be provided, along with the regularization affidavit. in accordance with the guidelines set out in this annex.
4. Changes in Article 17:
Cash that is regularized under the money laundering procedure and that is deposited and/or transferred to a Special Account for Asset Regularization established in accordance with Communication “A” 8062 of the Central Bank of the Argentine Republic – understood as that which has been effectively credited in the expected deadlines will be excluded from the calculation base(Previously the regulation stated the following: While the funds remain deposited, they will not be included in the tax base of the Special Regularization Tax.
If the funds deposited in said accounts are transferred to any other account before December 31, 2025, the Special Regularization Tax will be payable, through the withholding of FIVE PERCENT (5%) as a single and definitive payment that must be made by the financial institution or the Settlement and Compensation Agent (ALyC), as the case may be, in which said account is opened, in accordance with the guidelines established in article 18 of this law and provided that none of the exceptions provided for in article 31 of the law are verified.
If the funds deposited in such accounts do not comply with the provisions of the previous paragraph nor are they intended for any of the iInvestments and/or purposes (previously read as follows: if funds deposited in such accounts are transferred to any other account before December 31, 2025), The Special Regularization Tax will be payable, through the retention of FIVE PERCENT (5%) with the character of single and final payment which must be carried out by the financial institution or the Settlement and Clearing Agent (ALyC), as the case may be, in which said account is opened, in accordance with the guidelines established in article 18 of this document.
When the retention indicated in the previous paragraph has been omitted for any reason, Those responsible must enter -within FIVE (5) business days- the amounts of the withholdings that would have corresponded and that were not applied to them, generating the corresponding Electronic Payment Voucher (VEP), For this purpose, they must use the following codes: Tax 1009, Concept 505, Subconcept 505 -for self-withholdings in US dollars- and the codes: Tax 1010, Concept 505, Subconcept 505 -for those in national currency-.
The aforementioned income will have the same character as the withholdings suffered. Finally, it is clarified that theThe provisions of this general resolution will come into force as of this Tuesday.
Source: Ambito
