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Argentina: AFIP regulates provisional payment of PAIS tax applicable to imported goods

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In brief

Through General Resolution 5393/23 (“Resolution“), AFIP (tax authority) regulated the provisional payment of the PAIS tax that applies to the importation of goods included in paragraphs (b) (sumptuary goods) and (e) (the rest of the goods, as set forth in Decree 377/23) of Decree 99/19.

In focus

According to the Resolution, the provisional payment rate will be 28.5% for sumptuary goods (paragraph (b) of Decree 99/19) and 7.125% for the rest of the imported goods included in paragraph (e) of Decree 99/19 (as amended by Decree 377/23). These payments represent 95% of the applicable PAIS tax.

The provisional payment will be calculated on the FOB value in the import declaration and will be made at the time of filing of the import declaration with customs (just like all the duties and taxes applicable at the time of importation). 

Afterward, at the time of access to the official foreign exchange market to pay for the importation, the importer will have to pay the remainder of the PAIS tax plus any potential difference attributable to the devaluation of the Argentine peso between the date of the provisional payment and the date of access to the foreign exchange market.

Click here to read the Spanish version.

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Author

Martin Barreiro is experienced in various areas of tax law. He is a member of the Buenos Aires Bar Association, the American Chamber of Commerce in Argentina, the Tax Sub-Committee and the Argentine Association of Taxation Studies. His extensive list of publications include "New Argentine Social Security System" for the International Company and Commercial Law Review and "The S.R.L. in the tax planning of US investors in Argentina" for the Economic and Tax Journal.

Author

Esteban Rópolo is a member of the Buenos Aires Bar Association. He was a professor in leading universities in Argentina — including University of Buenos Aires, Argentina Catholic University and Universidad del CEMA — where he taught political economy, foreign trade legal regime and private law. Mr. Rópolo has written a book on competition law and also contributed articles related to his areas of practice.

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