{"id":1503,"date":"2021-06-22T12:00:45","date_gmt":"2021-06-22T15:00:45","guid":{"rendered":"https:\/\/www.amcconsulting.com.ar\/dev\/?p=1503"},"modified":"2025-02-27T15:30:50","modified_gmt":"2025-02-27T18:30:50","slug":"simplified-regime-for-international-operations-and-amendments-to-rg-afip-4717-2020","status":"publish","type":"post","link":"https:\/\/www.amcconsulting.com.ar\/?p=1503","title":{"rendered":"SIMPLIFIED REGIME FOR INTERNATIONAL OPERATIONS AND AMENDMENTS TO RG AFIP 4717\/2020"},"content":{"rendered":"<p>On June 18, 2021, was published in the Official Gazette the Federal Administration of Public Revenues (&#8220;<em>AFIP<\/em>&#8220;) General Resolution 5010\/2021 (&#8220;<em>RG 5010<\/em>&#8220;), applicable to fiscal years ending on December 31, 2020 and thereafter, the main purpose of which is to establish the implementation of a Simplified Regime for International Transactions (&#8220;Simplified Regime&#8221;), and to extend for 3 (three) months the Transfer Pricing (&#8220;TP&#8221;) filing due dates, moving them to the end of next September.<!--more--><\/p>\n<p>Additionally, RG 5010 establishes that the Simplified Regime will be formalized through the filing of the affidavit form F.2672, and modifies the TP regulations (amending RG 4717\/2020), especially providing that the forms F.2668, F.2672, and the Transfer Pricing Study corresponding to tax periods ended between 12\/31\/2020 and 12\/31\/2021, both inclusive, may be filed until the ninth month after the end of the respective fiscal year, according to the last digit of the taxpayer\u2019s Tax ID (<em>C.U.I.T.<\/em>), from the 23rd to the 27th day of the month. The latter is established as a transitory provision and on an exceptional basis due to the COVID-19 pandemic. After that, the due dates will operate on the sixth month after the end of the fiscal year, from the 23rd to the 27<sup>th<\/sup> day.<\/p>\n<p>Those who wish to adhere to the Simplified Regime must file the affidavit form F.2672 stating that their international transactions with related parties, or third parties located in non-cooperative or low tax jurisdictions or countries<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a>, have been agreed as if they had been carried out between independent parties, without the intervention of an international intermediary.<\/p>\n<p>RG 5010stipulates that the following subjects shall be excluded from the Simplified Regime:<\/p>\n<ul>\n<li>Those that are part of Multinational Group of Companies (&#8220;MGC&#8221;) that are required to file the &#8220;Country by Country Report&#8221; (CbCR)<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a>, regardless of the jurisdiction in which they have to comply with such obligation; and\/or<\/li>\n<li>Those obliged to submit the Master File (MF)<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a> or, a statement in the form of an affidavit confirming there were no significant changes with regards to the MF filed with AFIP in previous years; and\/or<\/li>\n<li>Those who operated with the intervention of International Intermediaries.<\/li>\n<\/ul>\n<p><strong><em>Thresholds and conditions established to be eligible for the Simplified Regime for International Operations (compliance with any of the following four situations):<\/em><\/strong><strong><em>\u00a0<\/em><\/strong><\/p>\n<p>1. Annual revenues lower than the highest amount established for the medium-sized category tier 1<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a>, whatever the activity, provided for in RG 220\/2019, Annex IV, point A of the former Secretariat of Entrepreneurs and Small and Medium-sized Enterprises (&#8220;<em>SEyPME<\/em>&#8220;) and amendments thereto, together with:<\/p>\n<p>1.1 Not having recurrent negative results in the Financial Statements corresponding to the fiscal period to be reported nor in the two immediately preceding ones;<\/p>\n<p>1.2 Not having undergone a business restructuring process in the fiscal year to be reported nor in the two immediately preceding ones;<\/p>\n<p>1.3 Not having performed transactions with related parties and\/or parties located in non-cooperative or low tax countries and jurisdictions, involving royalties, license rights or research and development agreements for a total aggregate amount that exceeds 1% of the amount of revenues established in point 1;<\/p>\n<p>1.4 Not having performed operations of rendering or acquisition of services with parties related to and\/or located in non-cooperative or low tax countries and jurisdictions, for an aggregate amount that represents more than 1% of the total revenues of the local subject; and;<\/p>\n<p>1.5 Not having entered into loan agreements with related parties located abroad.<\/p>\n<p>2. Total amount of international transactions with related parties amounting to less than 2.50% of the total revenues, while meeting all of the following requirements:<\/p>\n<p>2.1 No having performed transactions with related parties and\/or parties located in non-cooperative or low tax jurisdictions or countries involving royalties, licensing rights or research and development agreements for a total aggregate amount that exceeds 0.50% of its total revenues;<\/p>\n<p>2.2 Same requirement as point 1.1 above;<\/p>\n<p>2.3 Same requirement as point 1.2, above; and<\/p>\n<p>2.4 Not having performed import and\/or export operations with the intervention of an international intermediary.<\/p>\n<p>3. Being an exempt entity with the respective certificate of exemption in force.<\/p>\n<p>4. Regarding import and\/or export operations with independent parties, when the aggregate annual amount is higher than ARS10,000,000 and lower than ARS60,000,000.<\/p>\n<p>The due date of the Simplified Regime will take place between the 23<sup>rd<\/sup> and the 27<sup>th<\/sup> day of the sixth month after the fiscal year end, according to the last digit of the taxpayer&#8217;s Tax ID.<\/p>\n<p>Those who choose to adhere to the Simplified Regime will not be required to file the TP Study nor the annual affidavit form F.2668.<\/p>\n<p><strong><em>Amendments to RG 4717\/2020 (General TP Regime)<\/em><\/strong><\/p>\n<p>1.\u00a0<u>Filing of the TP Study:<\/u> must be complied with by those parties that carry out transactions with related parties or with third parties located in non-cooperative or low tax countries and jurisdictions exceeding the total aggregate amount equivalent to ARS3,000,000 or ARS300,000 per transaction, thus eliminating the previous ARS30,000,000 threshold established by RG 4717\/2020, Section 44, subsection a), point 1.<\/p>\n<p>2. <u>Master File<\/u>: those taxpayers that belong to MGC must file the MF when the following circumstances are jointly verified:<\/p>\n<p>2.1 The total consolidated annual income of the MGC exceeds ARS4,000,000,000 in the fiscal year prior to the filing date; and<\/p>\n<p>2.2 The transactions carried out with related parties abroad during the fiscal period under analysis, the total aggregate amount equivalent to ARS3,000,000 or the individual amount of ARS300,000.<\/p>\n<p>In the event that there were no changes within the reported period with respect to what was included in the preceding MF submitted, the taxpayer may choose to submit a sworn statement ratifying said information and attaching a copy of the Financial Statements of the Ultimate Parent Company.<\/p>\n<hr \/>\n<p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> Low or no tax Jurisdictions or Countries (commonly called Tax Havens): are those jurisdictions or countries whose income tax rate is less than 15%.<\/p>\n<p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> An MGC is obliged to file a CbCR if its consolidated revenues are higher than EUR750 million.<\/p>\n<p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> <u>Argentine taxpayers obliged to submit MF<\/u>: those belonging to economic groups whose UPC has obtained consolidated income for the fiscal year prior to the reporting period greater than the sum of ARS4,000,000,000 (four billion Argentine Pesos).<\/p>\n<p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> <u>Highest amount of the &#8220;Medium-size Category Tier 1\u201d<\/u>: as of 31 December 2020, was ARS1,821,760,000. Amount pursuant to Res. 69\/2020 of the Secretariat of Small, Medium Enterprises and Entrepreneurs (\u201dSSME&amp;M\u201d) (formerly \u201c<em>SEyPME\u201d)<\/em>. This amount rises to ARS2,588,770,000 as of April 1<sup>st<\/sup>, 2021 onwards, pursuant to Res. SSME&amp;M 19\/2021.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>On June 18, 2021, was published in the Official Gazette the Federal Administration of Public Revenues (&#8220;AFIP&#8220;) General Resolution 5010\/2021 (&#8220;RG 5010&#8220;), applicable to fiscal years ending on December 31, 2020 and thereafter, the main purpose of which is to establish the implementation of a Simplified Regime for International Transactions (&#8220;Simplified Regime&#8221;), and to extend [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":1351,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45],"tags":[],"class_list":["post-1503","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-transfer-pricing"],"_links":{"self":[{"href":"https:\/\/www.amcconsulting.com.ar\/index.php?rest_route=\/wp\/v2\/posts\/1503","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.amcconsulting.com.ar\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.amcconsulting.com.ar\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.amcconsulting.com.ar\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.amcconsulting.com.ar\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1503"}],"version-history":[{"count":7,"href":"https:\/\/www.amcconsulting.com.ar\/index.php?rest_route=\/wp\/v2\/posts\/1503\/revisions"}],"predecessor-version":[{"id":2060,"href":"https:\/\/www.amcconsulting.com.ar\/index.php?rest_route=\/wp\/v2\/posts\/1503\/revisions\/2060"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.amcconsulting.com.ar\/index.php?rest_route=\/wp\/v2\/media\/1351"}],"wp:attachment":[{"href":"https:\/\/www.amcconsulting.com.ar\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1503"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.amcconsulting.com.ar\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1503"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.amcconsulting.com.ar\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1503"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}