Through the dialogue channel that the Federal Administration of Public Revenues (AFIP) maintains with professional entities, chambers and associations, the AFIP issued a document clearing questions and concerns raised by the Argentine Industrial Union in relation to AFIP's General Resolution 5010/2021 (RG 5010).
As a reminder, the RG 5010 published in the Official Gazette on June 18, 2021 created a Simplified Regime for International Operations (Simplified Regime). Such regime, of an optional nature, would replace the obligations to file the Transfer Pricing Report and Form 2668 with the new Form 2672. Likewise, RG 5010 established the conditions that companies subject to transfer pricing must comply with in order to opt for this Simplified Regime.
The main points regarding RG 5010 can be found in our article published on July 12, 2021, here is the direct link: https://www.mcconsultoriatp.com/post/nuevo-r%C3%A9gimen-simplificado.
The points on which AFIP has clarified through the Dialogue channel have to do with the following aspects of the regulation in question:
The conditions to access, on an optional basis, to the Simplified Regime.
Greater precision for the concept of total annual invoicing mentioned in item 1 of article 1; clarification of the date as of which the amount established as a reference must be considered (i.e., the amount established for the medium category segment), provided for in item A of Annex IV of Resolution No. 220/2019).
Details on how the invoicing percentages established in items 1.4, 2, and 2.1 of article 1 should be obtained;
Greater precision on what is referred to in items 1.1 and 2.2, when referring to the taxpayer's results.
Clarification of the definition of restructuring processes mentioned in items 1.2 and 2.3 of Article 1.
Clarification on what transactions are considered under the concept of operations with related parties for the calculation of the percentage of item 2 of Article 1.
Considerations to be taken into account by taxpayers in the case of considering comparables with operating losses in the application of profitability methods.
Clarifications on the conditions under which a taxpayer may submit a note as a sworn statement ratifying the last Master Report submitted, instead of resubmitting such report.
Clarification of the materiality parameters for transfer pricing obligations established in RG 4717.
In the link below, you will find the complete AFIP's press release with the above mentioned clarifications
Finally, it is important to mention that the design of F. 2672 of the Simplified Regime is already available on AFIP's website, here is the direct link: https://www.afip.gob.ar/operaciones-internacionales/ayuda/documentos/Registro-de-entrada-F2672.pdf.
If you have any questions or need to review specific matters, we are available to generate a meeting or call and dispel doubts, we are here to help you!
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