Buenos Aires CPA – Accountant and Tax Preparer
in Argentina for AFIP Certificate of Non-Retention
If you are a foreign national who owns real estate /property by succession -because you inherited it- or either because you bought real estate anywhere in Argentina, the Argentina tax agency called AFIP (Administracion Federal de Ingresos Publicos) will require you to process a certificate of retention aka non-retention to understand how much they must tax you before selling. In order for this to happen your taxes must be paid and up to date (the taxes which must be paid and up to date are called “Ganancias” or Profit).
Buenos Aires CPA – Accountant and Tax Preparer in Argentina for AFIP Certificate of Non-Retention
Upon paying Ganancias in full and filed for the past unpaid years, AFIP will allow an accountant to file the certificate of non-retention. In order to file this certificate you must possess the following documentation:
- The seller of real estate must either have a valid and non-expired CUIT, CUIL, or a CDI for foreigners.
- A power of attorney issued by the seller that allows an Argentine CPA – Accountant to process the certificate of non-retention.
- Two AFIP forms: The first one is to represent you before AFIP. The other one will make a third party liable for your taxes. This applies if you sold real estate and didn’t pay those taxes. The escribano will also be liable for non-issuance or payment of the certificate of retention.
- A certificate of subsistence and domicile that states that the seller lives abroad and is domiciled abroad. Contact us and we can provide you with this certificate at no cost whatsoever.
- The original deed to the property. That property can either be real estate or rural farmland.
- The seller will need to obtain bills of water, electricity, and gas. Then, AFIP can look into understanding and determining whether there was consumption of these services. If there was consumption of water, gas, and electricity, they will not care whether the seller was profiting from that use or not. In fact, they will tax the seller with a certificate of retention. The seller does have the right to explain to Argentina’s tax agency that the property was either squattered or was forcefully used by someone out of the control of the seller. However, in most cases, AFIP does not care and could charge the seller with tax retention. If the seller utilizes the services of the very few accountants in the City of Buenos Aires who know how to deal with this certificate of retention to foreigners and non-residents the chances are that instead of paying a tax imposition which can be as high as 35%, they will only pay 1.5%. In our experience, 90% of our clients who get represented by these expert accountants only pay 1.5% and never 35% as stated by law. Contact our law firm and we can refer you to the very few accountants that only work with foreigners. In addition, they know how to deal with these certificates of retention of AFIP.
In our experience there are very few Argentine CPA’s / Accountants who know how to process a certificate of retention for foreigners and non-residents. The CPA with whom we work the most is Ana Lucius. Her website is https://analucius.com
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