Jurisdictions Cooperative for Tax Transparency

1. Amendment of the list of the jurisdictions of low or null taxation
The Regulatory Decree of the Argentine Income Tax Law (Section with no number after Section 21) sets forth a list of jurisdictions considered to be jurisdictions of low or null taxation.
On May 27, 2013, Decree No. 589/2013 amended the mentioned regulation and changed the list from jurisdictions of low or null taxation to cooperative jurisdictions in terms of tax information exchange.
The Decree established that any reference to “jurisdictions with low or null taxation” shall be understood as a reference to jurisdictions not considered to be “cooperative for the purposes of tax transparency,” for all the purposes of the Income Tax Law and its regulations.
The countries, domains, jurisdictions, territories, states, and others cooperative for the purposes of tax transparency will be those which sign a tax information exchange agreement or an agreement to avoid double taxation with an extensive section on tax information exchange, provided that the exchange is effectively provided with Argentina.
Countries that have started to negotiate a tax information exchange agreement or an agreement to avoid double taxation with an extensive section on tax information exchange may also be considered cooperative for the purposes of tax transparency.
The Argentine Tax Authority is in charge of making the list of countries, domains, jurisdictions, territories, states, and others, cooperative for the purposes of tax transparency, which shall be published in the website of the Argentine Tax Authority (www.afip.gov.ar). The Decree came into force on the date it was published. The list was published on January 8, 2014.

2. The Argentine Tax Authority’s Resolution
On December 27, 2013, the Argentine Tax Authority passed General Resolution No. 3576, regarding Decree No. 589/2013. This Resolution divides countries, domains, jurisdictions, territories, states, and others cooperative for the purposes of tax transparency in the following categories:
a) Cooperative countries that have signed an agreement to avoid double taxation or a tax information exchange agreement, and with which the exchange of information is effectively provided;
b) Cooperative countries that have signed an agreement to avoid double taxation or a tax information exchange agreement, with which it is not possible to determine whether or not the exchange is effectively provided;
c) Cooperative countries that have started to negotiate an agreement to avoid double taxation or a tax information exchange agreement or have started proceedings to ratify an existing one.
The Resolution informs that the list will be available on the Argentine Tax Authority’s website (www.afip.gov.ar) from January 1, 2014. The list was effectively published on January 8, 2014 (http://www.afip.gov.ar/genericos/novedades/jurisdiccionesCooperantes.asp). To determine whether a country is cooperative or not, the list to be applied will be the one in force to the date of the start of the tax year to which the results relate.