New measures regarding foreign trade

Today, some of the measures announced yesterday by the Federal Minister of Economy were published in the Official Gazette, effective as from today. Below a detail of the measures related to foreign trade.

A. EXPORT INCREASE PROGRAM

Decree No. 28/2023 establishes the following:

1. Regarding export proceeds corresponding to (i) services rendered in the country, which effective use or exploitation is carried out abroad, and (ii) export for consumption of goods -including the cases of pre-financing and/or post-financing of exports from abroad or an advance export collections- 80% of the counter value of export collections must be entered and settle through the local Foreign Exchange Market and the balance (20%) shall be entered through a reverse blue chip exchange operation.

2. The payment of export duties and other taxes shall be made under the terms and conditions established by the regulations in force, applying the respective export duty rate, considering the exceptional countervalue referred to in the preceding paragraph.

Use the following link to access to the Decree.

B. TAX FOR AN INCLUSIVE AND SOLIDARY ARGENTINA (PAIS)

Decree No. 29/2023 established a 17.5% PAIS tax rate on the total amount of transactions involving the purchase of foreign currency regarding to:  

1. The acquisition abroad of freight services and other transportation services for import or export operations of goods, or their acquisition in the country when rendered by non-residents, identified with the BCRA Monthly Accounting Information Regime Code for Exchange Operations: S04, S30 and S31; and

2. The import of goods classified in  MERCOSUR Common Nomenclature “NCM”’s tariff numbers. Exceptions are kept with respect to: (i) those goods classified in NCM’s tariff numbers listed in Annex I to Decree 99/2019 as amended (luxury considered goods, which are taxed at a 30% rate), and goods classified in NCM’s tariff numbers  2710.12.59, 2710.19.21, 2710.19.29, 2710.19.31, 2710.19.32, 2713.20.00, 3811.21.10, 3811.21.50, and 3811.90.90 (certain fuels and lubricants, petroleum bitumen, and additives); (ii) raw materials and intermediate goods directly related to products of the basic basket as established by the Ministry of Economy,; and (iii) other goods related to the generation of energy, under the terms set forth by the Secretary of Energy.

As indicated above, this measure becomes effective as off December 13, 2023, taking effect for the purchase of foreign currency transactions carried out as off that date, inclusive.

Use the following link to access to the Decree.

C. PAYMENT ON ACCOUNT FOR IMPORTATION OF GOODS

AFIP General Resolution No. 5464/2023, increased the advanced payment of the PAIS Tax for the import of goods to 28.50%, in the case of goods listed in Annex I to Decree 99/2019 and amendments (luxury considered goods), and to 16.625% for the rest of the goods.

Use the following link to access to the Resolution.

If you have any questions or require any additional information, please contact:

Eduardo Mallea: eduardo.mallea@bruchoufunes.com

María Laura Bacigalupo: maria.laura.bacigalupo@bruchoufunes.com
Andrea Callegari: andrea.callegari@bruchoufunes.com
Sebastián Lerner: sebastian.lerner@bruchoufunes.com