News

National Tax Authority Establishes Procedures To Adhere and Obtain Certain Benefits Under the Large Investments Incentive Regime (RIGI)

On October 23, 2024, General Resolutions No. 5589 and 5590 were published, whereby the National Tax Authority (“AFIP”) established the procedures for obtaining certain benefits under the RIGI.

General Resolution (AFIP) No. 5590 foresees the procedures for Sole Purpose Investment Vehicles ("SPVs") to:

1. Obtain a special Tax Identification Code (“CUIT”) to obtain RIGI benefits and register for taxes and/or regimes.
2. Adhere to the special accelerated depreciation regime under the Income Tax (“IT”).
3. Register import and export destinations.
4. Apply special transfer pricing rules regarding operations with related parties located in Argentina.
5. Issue invoices.

Meanwhile, General Resolution No. 5589 establishes the procedure for managing the issuance and use of Tax Credit Certificates for Value Added Tax ("VAT").

1. Obtaining a Special CUIT and Tax Registration

General Resolution (AFIP) No. 5590 stipulates that SPVs must obtain a special CUIT. The request for the special CUIT can be made once the Ministry of Economy issues the administrative act approving the adherence to the regime, using the web service called "Inscripción y Modificación de Personas Jurídicas – PJ WEB RIGI".

To obtain the CUIT, the responsible party—legal representative or authorized person—will access with their CUIT, CUIL (Labor Identification Code), or CDI (Identification Code) and their Tax Code enabled with Security Level 3 or higher, complete the required information related to the SPV (e.g., corporate name, date of incorporation, tax year-end month, corporate purpose, legal form, legal/fiscal address, and jurisdiction), and attach the administrative act provided by the Application Authority approving the SPV's adherence. Additionally, an electronic tax domicile must be established, and an administrator must be appointed in accordance with General Resolution (AFIP) No. 5048.

AFIP will have a non-extendable period of 10 business days from the receipt of the request to generate the special CUIT and will inform the assigned special CUIT to the Application Authority.

Additionally, the tax registration will be carried out through AFIP's website by accessing the "Sistema Registral" service, under the "Registro Tributario" or "Registro Único Tributario" service, as appropriate.

2. Adherence to the Accelerated Depreciation Regime in IT

SPVs must inform AFIP of their decision to opt for the accelerated depreciation regime. For this purpose, SPVs must use the "Presentaciones Digitales" web service and select the procedure called "Ley 27.742 - RIGI Amortización acelerada".

Please note that the option for the accelerated depreciation regime must be exercised for each asset involved in the project, prior to the deadline for filing the IT tax return in which said depreciation begins to apply.

3. Registration of Import and Export Destinations

Import Destination:

SPVs importing goods under RIGI must indicate in the import declaration, as a sworn statement, that the goods imported will be destined to integrate the projects for which they adhered to the RIGI and that they meet the requirements to apply the exemption provided by Article 190 of Law No. 27.742. For this purpose, the benefit "RIGI-VPU" must be selected.

Please note that Law No. 27.742 establishes an exemption of import duties, statistical and destination verification fees, and all perception, collection, advance payment, or withholding regimes of national and/or local taxes for imports of new capital goods, spare parts, components, and consumables, as well as temporary imports made by SPVs adhered to RIGI.

Moreover, it is established that suppliers importing goods under RIGI must indicate the same sworn statement mentioned above in the import declaration, selecting the benefit "RIGI-PROVEEDOR" and indicating the SPV to which the goods will be destined.

At the time of registering the import destination of new capital goods, spare parts, components, and consumables, the SPV or the supplier will provide a guarantee for those items that are exempt, which will remain in effect until the Application Authority instructs its release.

Note that the guarantee can be provided for performance or per operation, in accordance with General Resolution (AFIP) No. 3885 and its amendments.

Additionally, it is clarified that the SPV adhered to RIGI may transfer the goods to another SPV adhered to the RIGI, even during the destination verification period, without being required to pay taxes if the acquiring party assumes the obligation to adhere to the regime. The supplier adhered to RIGI may also transfer the goods during their useful life, with prior authorization from the Application Authority.

Moreover, during the useful life of goods imported under RIGI, the SPV or the supplier can request their release from the regime before the Application Authority. To do so, they must first self-liquidate the taxes that had been exempted due to the benefits provided by the regime.

Export Destination:

SPV’s exporting goods must indicate in the export declaration, as a sworn statement, that the goods were obtained under the project promoted by RIGI and that they comply with the requirements to apply the tax stability for customs duties provided in Article 204 of Law No. 27.742 and its regulation.

For this purpose, companies that have adhered to the RIGI as SPVs or Long-Term Strategic Export Projects, as applicable, and using the special CUITs generated, must declare the benefit "RIGI-BEN-EXPO" (RIGI-BENEFICIO 204 DE LA LEY N°27.742) in the export declarations for consumption of the products resulting from those projects, through which the option to perform self-liquidation will be enabled.

Please note that for determining customs duties, the tax regime, tax rate, and taxable base in effect at the time of the date of adherence to the RIGI will apply.

Finally, new regulations reiterate that SPVs will be exempt from export duties as of three years from the date of adherence to RIGI (or as of two years for SPVs owning projects declared Long-Term Strategic Export Projects).

4. Transactions Between SPVs and Local Related Parties – Special Transfer Pricing Regime

Additionally, General Resolution (AFIP) No. 5590 establishes a special transfer pricing regime applicable to transactions with related parties located in the country.

In this context, the regulation states that transactions or operations carried out by SPVs are subject to this transfer pricing regime when they are carried out with the following parties:

1. Their members—entities forming Temporary Unions of Enterprises or other associative contracts—established or located in the country or those who qualify as tax residents according to IT law.
2. Their owners, established or located in the country or those who qualify as tax residents according to IT law.
3. Local related entities.

Note that transactions between the members, owners, and related entities of the SPV that do not involve the SPV itself are excluded from this regime. Operations conducted by the SPV with parties located abroad are also excluded, as they are subject to the general transfer pricing regime under the IT Law.

Lastly, it is established that SPVs must submit an "Annual Operations Report" for transactions carried out with related parties residing in the country by the sixth month following their tax year-end. The characteristics of this report are detailed in Annex VI of General Resolution (AFIP) No. 5590.

5. Invoicing

General Resolution (AFIP) No. 5590 establishes that, for the purpose of enabling the issuance of "A" class invoices, SPVs will be exempt from complying with the requirements established by paragraph c) of Article 3 of General Resolution (AFIP) No. 1575. Please note that these requirements include certain patrimonial verifications.

6. VAT Tax Credit Certificate – Implementation of the CERTIVA Web Service

Through General Resolution (AFIP) No. 5589, the CERTIVA Web Service (VAT Tax Credit Certificate) is implemented, allowing the issuance of VAT Tax Credit Certificates established under RIGI, as provided by Article 187 of Law No. 27.742.

Please note that said Article 187 provides that SPVs adhered to RIGI, which have been invoiced VAT (including the respective withholdings) for the purchase, construction, manufacture, processing, or final import of capital goods or for infrastructure works and/or services necessary for their development and construction, may pay the VAT (including withholdings) to their suppliers or to AFIP in the case of imports, through the delivery of Tax Credit Certificates.

Procedure for issuing Tax Credit Certificates

This procedure must be made through the web service "CERTIVA – Certificados de Crédito Fiscal IVA", selecting the regime under which the Tax Credit Certificates will be issued and choosing the option "Gestión de Certificados CERTIVA a Proveedores/Prestadores/Locadores."

One Tax Credit Certificate must be issued for each invoice or equivalent document received, to cancel the total amount of VAT invoiced and, if applicable, the applicable VAT collection.

Furthermore, the recipient of the Certificates may verify the eligibility of the beneficiaries authorized to issue them through the "CERTIVA – Certificados de Crédito Fiscal IVA" web service, where they can select the corresponding regime and choose the option "Consulta de Constancia de Beneficiario CERTIVA." They may also consult and/or accept the Certificates issued in their name, by selecting the options "Ver certificados recibidos" (view received certificates), "Ver certificados pendientes de aceptación" (view accepted certificates), or "Ver certificados pendientes de aceptación" (view pending certificates).

Procedure for using Tax Credit Certificates

To use the Tax Credit Certificates, the following steps must be followed: (i) expressly accept each Certificate by accessing the web service "CERTIVA – Certificados de Crédito Fiscal IVA" and (ii) inform AFIP of the invoice or equivalent document for which the Certificate was issued by recording it in the "Libro IVA Ventas" of the "Libro de IVA Digital", provided its expiration date has passed. If this occurs after the 15^th of the month, the amounts of the accepted Certificates will be conditionally credited, and in the event of non-compliance, these Certificates will be automatically canceled.

In this regard, it is noted that the consolidation of the amounts of the Fiscal Credit Certificates will take place on the 15th of each month. Furthermore, for crediting the amounts of the Fiscal Credit Certificates, those issued until the 10th of each month, related to invoices or equivalent documents with an issuance date up to the last day of the previous month, will be considered.

Offsetting amounts originated from VAT withholdings and/or collections

The aforementioned Resolution establishes that the amounts originating from VAT withholdings and/or collections may be offset by using the amount of the Tax Credit Certificates in the month in which the obligation to make the payment arises:

1. If the offset request is made before the crediting of the Certificate amount: taxpayer must access "Transacciones" menu of the "Sistema de Cuentas Tributarias", select "Compensación Regímenes Especiales", and choose the regime and tax period of the credit to be used.
2. If the offset request is made after the crediting of the Certificate amount: taxpayer must access the "Transacciones" menu of the "Sistema de Cuentas Tributarias", select "Compensación", and choose the regime and tax period of the credit to be used.

Obligations will be considered cancelled at the time of the offset request.

Debt cancellation using Tax Credit Certificates

• The Tax Credit Certificate may be used to cancel debts for own taxes. To do this, the taxpayer must access the "Transacciones" menu of the system, select "Compensación", and choose the corresponding regime.
• It may also be used to cancel debts -on their behalf- related to social security contributions. To do this, the taxpayer must access the "Transacciones" menu of the system, select "Afectación Seguridad Social", and choose the corresponding regime.
• Additionally, the obligations arising from the liability for the fulfillment of third-party debt can be canceled using the amount of the Tax Credit Certificates. To do this, the responsible subject must access the "Transacciones" menu of the system, select "Compensación", and choose the corresponding regime.

Refund request

The supplier, service provider, and/or lessor of goods and/or services may request the refund of the Fiscal Credit Certificates’ amount when: (i) they have no enforceable debts with AFIP; (ii) they have fully complied with the filing of determinative and/or informative tax returns for non-prescribed fiscal periods.

To request the refund, they must access the "Transacciones" menu of the system, select "Solicitud de Devoluciones", and choose the regime and tax period for which the request is being made. The Resolution provides an administrative period of 15 business days to process the refund, and interest will accrue from the date the request was made.

Third-Party transfer request

Finally, it is possible to request the transfer of the Tax Credit Certificates’ amount credited in the "Sistema de Cuentas Tributarias" to third parties, provided that the same requisites mentioned above are met.

To request the transfer to third parties, the taxpayer must access the "Transacciones" menu of the system, select "Solicitud de Transferencia", and choose the regime and tax period for which the request is being made, and must also provide the information of the transferees.

The amount for which the transfer to third parties has been requested will not accrue interest in favor of the taxpayer.

The transferee must access the "Transacciones" menu of the "Sistema de Cuentas Tributarias", select "Aceptación de Transferencia SIR", and confirm, as appropriate, the acceptance or rejection of the transfer.

If accepted, the amount will be credited to the transferee's "Sistema de Cuentas Tributarias" and may only be applied by the transferee to cancel their own tax debts.

***

For additional information, please contact Gastón Miani, Leonel Zanotto, Micaela Aisenberg, or Solange Riesco.

by trsym