ARTICLE

Payment Facilities for Deduction of “Incorrect” Tax Losses

The Argentine Tax Authority established a regime of payment facilities to regularize the income tax determined by incorrectly deducted tax losses.

April 30, 2025
Payment Facilities for Deduction of “Incorrect” Tax Losses

Through General Resolution 5684/2024, published in the Official Gazette on April 30, 2025, the Argentine Tax Authority (ARCA) implemented a new installment payment plan regime for regularizing income tax of non-statute-barred fiscal years in which tax losses from previous years were incorrectly deducted.
 

This regime:
 

  • Applies to income tax assessments: (i) for non-statute-barred fiscal years, the due date of which occurred or will occur up to one month as of adhesion to the regime, in which tax losses from previous years were incorrectly deducted and subsequently corrected by filing an amended tax return, including the corresponding interest, and (ii) for fiscal years ending between December 2024 and November 2025 (inclusive), where tax loss carryforwards are deducted at historical values.
  • Provides no interest reductions or penalty waivers.
  • Establishes that matters not expressly regulated (e.g., excluded taxpayers, adhesion procedure) will be governed by General Resolution 5321/2023, which establishes a permanent payment plan regime.
  • Determines the conditions for the installment plan:
    • payment on account of 3% of the consolidated debt,
    • up to 36 monthly, equal, and consecutive installments,
    • interest rate of 50% of the applicable compensatory interest rate as of the plan’s consolidation date (currently 4%),
    • minimum amount for the payment on account and each installment: ARS 50,000.
       
  • Establishes a deadline for adhering to the regime: July 31, 2025. Fiscal years ending between December 2024 and November 2025 may adhere up to the last day of the month following the due date for filing the tax return.
  • States no limit on the number of plans to be adhered to. However, each fiscal year may only be regularized once.