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Published: 04 Nov 2008 02:38:01 PST

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Argentina

Business Environment

Business practices

For further information
Export assistance in Spain
Closed hours and days
Saturday and Sunday in the capital, from Saturday afternoon in the provinces.

Public holidays

New Year's Day
1 January
Good Friday the Friday before Easter Sunday.
National Memory Day 24 March
Falklands War Day 2 April
Labor Day 1 May
May Revolution Day 25 May
General Belgrano Day June
Independence Day 9 July
General San Martin Day August
Minorities' Day 12 October
The Immaculate Conception 8 December
Christmas Day 25 December
Compensation day
If a public holiday falls on a Saturday or Sunday, the Monday is a holiday instead.
 

Periods when companies usually close

Summer holidays January

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Standards

National standards organizations
Argentine Institute of standards and certification
Argentine electrotechnical association (AEA)
Integration in the international standards network
At the regional level:
- Pan American Standards Commission;
- Mercosur Standardization Association ;
At the international level:
- International Standards Organization (ISO) ;
- International Electrotechnical Commission ;
- International Telecommunication Union (ITU).
Classification of standards
IRAM Standard for product marking.
Online consultation of standards
You can consult the IRAM website, the only organization accredited for product certification.
Certification organizations
Argentine Institute of standards and certification
Argentine accreditation organization (OAA)

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Legal framework

Independence of justice
The judicial power is mostly independent. Argentina is considered to be a Constitutional State, even if there is a certain degree of anarchy and corruption in a few provinces.
Equal treatment of nationals and foreigners
Foreign nationals can benefit from equivalent treatment in judicial matters as citizens can, including when it is a question of commercial disputes. The level of corruption in the country is quite high.
The language of justice
Spanish
Having recourse to an interpreter
Possible
Sources of the law and legal similarities
The country's legal system is a combination of the American and Western European systems. Each province also has its own constitution, which mirrors the broad lines of the structures of the federal constitution. The country has not accepted the obligatory jurisdiction of the ICJ. Argentina belongs to the MERCOSUR which has some supranational legislative functions.
Consulting national laws online
Library of the Ministry of Justice

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Intellectual Property

National organizations
The organization in charge of the protection of patents and trade marks in Argentina is the National Institute for Industrial Property (INPI).
Argentina has signed the Paris Convention relative to the protection of designs and industrial models.
As Argentina is not a signatory to the Patent Cooperation Treaty (PCT), a company wishing to use a patent is obliged to make a direct request in Argentina within a maximum time limit of one year after the registration of the initial request.

The organization in charge of intellectual property is el Registro Nacional de la Propiedad Intelectual (the National Register of Intellectual Property). Other organizations are also involved in intellectual property: Ministry of Justice ; National Directorate of Royalties ; Argentine Society of Authors and Composers (SADAIC) ; General Society of Argentine Authors (Argentores) ; Argentine Association of Interpreters (AADI) ; Argentine Chamber of Producers ; Argentine Chamber of Music Editors (CAEM) for royalties.

Regional organizations
The Mercosur Standardization Association is working on cooperation between various institutes of its members to achieve harmonization within the Mercosur.
International membership
Member of the WIPO
Signatory to the Paris Convention
Membership to TRIPS

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National regulation and international agreements

Type of property Law Validity International agreements signed
Patent Patent Law 1966 Initial period of validity of 3 years. Extension, in the choice, of period in 20 years in the term of initial period. Strasbourg agreement concerning the International Patent Classification
Trademark Marque Trademark Law (1980) 10 years renewable on condition of being marketed within 5 years of registration. Trademark law treaty
Nice agreement concerning the International classification of goods and Services for the Purposes of the registration of Marks
Protocol relating to the Madrid Agreement concerning the International Registration of Marks
Design Dessin Industrial Model And Design Law (1983) 5 years renewable once.  
Copyright Ley 11.723 (235), Propiedad intelectual Valid for the entire life of the author and 30 years after his death. Berne convention for the protection of Literary and Artistic Works
Convention for the Protection of Producers of Phonograms against unauthorized duplication of their phonograms
Rome convention for the protection of performers, producers of phonograms and Broadcasting organizations
WIPO copyright treaty
WIPO performances and Phonograms treaty
Industrial Models Dessin
Industrial Model And Design Law
1983
5 years renewable once.  

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Tax rates

Consumption taxes

Nature of the tax
Value Added Tax (IVA)
Tax rate
The general rate of VAT is 21%, but certain public services or subsidiaries of telecommunications companies are subject to a rate of 27%. .
Excise duties, levied as a federal tax, are also collected on some products and services: tobacco, drinks whether they are alcoholic or not, beer, some electronic goods (television, radio, etc.), mobile telephone services, insurance premiums, luxury goods, etc.
Reduced tax rate
Equipment or production goods, public transport, beef, fresh vegetables, accommodation, interest on loans acquired by Argentine financial institutions, some goods of ownership and equipment, newspapers and magazines are subject to VAT at 10.5%.
Other consumption taxes
The tax called Ingresos Brutos is a federal tax which is paid to the province for each invoicing! In Buenos Aires province, it is 3%.

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Corporate taxes

Tax rate
Tax rate for foreign companies
Foreign companies are taxed on profits they make in Argentina.
Residents are taxed on profits made in the country.
Capital gains taxation
The tax rate on long-term capital gains is 35%.
Main allowable deductions and tax credit
Expenses are deductible for depreciation or amortization, reserves, rents for premises and equipment, wages, etc.

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Individual taxes

Tax rate
Allowable deductions and tax credit
There are several types of allowances or tax reductions. The amounts vary from 1 200 ARS to 18 000 ARS.
Special expatriate tax regime
No.

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Double taxation treaties

Countries with whom a double taxation treaty have been signed
All the double taxation treaties.
Whithholding taxes
Withholding tax rates are 0% for dividends, 15.05/35% for interest and 21/28/31.5% for royalties.
Bilateral agreement

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Sources of fiscal information

Tax Authorities
AFIP - Federal Administration of Public Revenue
Other domestic resources
The AFIP library

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Accounting rules

Tax year
The tax year begins on 1 January and finishes on 31 December of the same year.
Accounting standards
Argentina is inspired by the American model for company accounting, but with some nuances.
Accounting regulation bodies
Contaduria General de la Nación
Federación Argentina de Consejos Profesionales de Ciencias Economicas (Organization responsible for accounting technical standards: the Argentine federation of economic sciences professional councils.)
Accounting reports
All commercial companies in Argentina have to draw up certain accounting documents yearly:
- the journal
- the ledger
- the follow up of stock evolution.
Companies are obliged to draw up a balance sheet and a profit and loss account, and to submit them for approval by auditors from within or outside the company.
Publication
Reporting is carried out annually.
Professional accountancy bodies
Professional Council of Economic Sciences (accounting professionals)
Contador Publico (auditor)
Argentine Federation of Economic Sciences Professional Councils
Certification and auditing
KPMG Argentina
Deloitte
Price Waterhouse Cooper
Accounting news

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Source: FITA

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