Reestablishment of Reference Export Valuation Criteria
On May 11, 2020, Resolution No. 4710/2020, issued by the Argentine Tax Authority, was published in the Official Gazette. It reestablishes and updates the rules to set reference export valuation margins for definitive exports.
Setting reference export valuation criteria has its counterpart in minimum import valuation criteria set for definitive imports in a preventive manner. This does not mean establishing official mandatory prices or export valuation, but rather an enhanced customs control for those goods covered by reference valuation criteria exported with values that do not fall within the set reference valuation margins.
This new piece of legislation repeals Resolution No. 4161/2017, also issued by the Argentine Tax Authority, by means of which the reference export valuation criteria had been discarded because most goods were not taxed with export duties. The reenactment of reference export valuation criteria does not imply the reactivation of prior criteria published under legislation that was then in force.
Resolution No. 4710/2020 determines applicable rules for setting new reference export valuation criteria for determined goods. Goods or groups of goods may be selected for this procedure if the authorities detect unusual fluctuations in export valuations or at a formal request made by local business associations or other public bodies. In said regulation there are also rules to either deactivate or modify these reference valuation criteria.
When exporters declare goods that have a reference export valuation criteria that has been already set and declare export valuation that falls outside of the reference margins, such export will be subject to an enhanced customs control. Indeed, the exports will be subject to a red alert control, which entails a mandatory physical verification of the goods.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.