New Transfer Pricing Regulations

General Resolution 5903 of the Argentine Tax Authority (ARCA), published in the Official Gazette on September 30, 2026, introduces new transfer pricing regulations, repeals General Resolutions 4717/2020 and 5010/2021, consolidates the matters they governed into a single text, and introduces several significant changes. The amendments cover a wide range of matters.
 

There are several changes covering a wide range of issues. We summarize here ten of the main ones, selected for their relevance; overall impact; and because, in some cases, they address different criteria that have generated controversy between the Tax Authority and taxpayers in various stages of tax litigation (audits, ex officio assessments, National Tax Court, and federal courts). 
 

1. Increase and annual adjustment of filing thresholds. The filing thresholds have been significantly increased for Form 2668 (more than ARS 7.5 billion for import and export transactions between independent parties, and more than ARS 1.5 billion in aggregate or ARS 300 million individually for transactions subject to transfer pricing rules), the Transfer Pricing Study (more than ARS 3 billion in aggregate or ARS 600 million individually), and the Master File (consolidated group revenue exceeding ARS 500 billion and transactions with related parties exceeding ARS 3 billion in aggregate or ARS 600 million individually). These thresholds will be adjusted annually based on the Consumer Price Index.
2. Covered taxpayers and related-party relationships. The regime excludes taxpayers importing or exporting on behalf and for the account of third parties. These transactions must instead be reported by the owner of the relevant goods. In addition, the Resolution raises the standard for determining a related-party relationship based on a sole or principal customer or supplier. The absence of the relevant commercial transactions must now result in the cessation of the activities of the local taxpayer or of its foreign related party, rather than merely affecting the continuity of such activities.
3. Comparability analysis and transactions to be analyzed. The comparability analysis must be conducted on an aggregate or segmented basis. All transactions must be analyzed, including those that are not taken into account for income tax purposes in the fiscal year under review but may have an impact in another fiscal period, as well as transactions for which no consideration is paid.
4. Foreign tested party. The new regulations allow selecting a foreign entity as the tested party; subject to certain requirements; and only for specified transactions and methods; provided that its assets, risks, and functions are less complex.
5. Loss-making comparables. The regulations maintain the restrictive approach to loss-making comparables, as they may not generally be included unless duly grounded. The new regulations expressly address the use of multiple-year data and define the concept of “recurring operating losses.”
6. Low value-adding services. The new regulations establish the characteristics that services must meet to qualify as low value-adding services. They also introduce a simplified option providing a 5% profit margin and an exemption from the comparability analysis, subject to compliance with certain requirements.
7. Intangibles. The new regulations strengthen the substance-over-legal-ownership approach by clarifying that the mere legal ownership of an intangible asset [MF1] does not automatically entitle its owner to the benefits derived from its exploitation. Such benefits must instead be allocated based on the functions effectively performed. The regulations also introduce specific provisions for royalties that include a service component and for hard-to-value intangible assets.
8. International intermediaries. The new regulations expand the assessment on whether an intermediary’s pay is consistent with its functional profile. They also modify the documentation requirements based on whether a new threshold is exceeded.
9. Commodities and extractive industries. The regulations establish that the FOB value published by the Secretariat of Agriculture may be used as a minimum value for certain products. They also introduce specific rules for contracts involving the sale or supply of quoted goods in extractive industries. Taxpayers must demonstrate that the contractual structure allows for a return comparable to that obtained by independent parties. The comparable uncontrolled price method will, in principle, be considered the most appropriate method for analyzing these transactions.
10. Downward adjustments. Downward transfer pricing adjustments are expressly prohibited, unless they result from a mutual agreement procedure under an applicable double tax treaty.
     

The new regulations apply to fiscal years beginning on or after October 1, 2026.