Recently, the Revenue and Customs Control Agency (ARCA) has intensified its supervision of international transactions concerning Transfer Pricing (TP) compliance. The Agency has been sending notifications to taxpayers, notifying them of potential international transactions that may be subject to TP regulations.
In addition to the large-scale and periodic compliance campaigns that ARCA conducts a couple of times a year—sending notices or requests for non-submission— the Agency is now focusing on payments made to foreign entities that may exceed the applicability thresholds of the International Transactions Regime.
ARCA is emphasizing the obligation to submit the TP Report and/or comply with the Informative Regime through the Annual TP Return (Form F.2668). Additionally, in its notifications, ARCA has communicated the following:
- “The company has been included in a special risk monitoring program for international transactions.
- Periodic cross-check verifications will be carried out to assess compliance with both formal and substantive TP obligations.
- Non-compliance may result in the application of penalties established in Law 11,683.”
ARCA has granted a period of 15 to 20 business days from the date of notification for taxpayers to regularize their situation by submitting the corresponding TP Study and/or Form F.2668 through the designated online platforms. It is important to note that this form applies not only to transactions with related foreign parties but also to foreign trade transactions with independent entities.
It is crucial for taxpayers to review their obligations and regularize their situation as soon as possible to avoid receiving Requests, Notices, or Audit Initiation Notifications, or even being included in the Special Monitoring Program, which may result in sanctions and fines.
As specialists in the field, we are available to assist you with this matter and any other inquiries related to Transfer Pricing.