On 20 September 2017, Federal Tax Authority General Resolution 4130-E (the Resolution) was published in the Official Gazette, creating an annual information regime consisting on the filing of a country by country (CbC) report, regarding the entities that form a multinational entities group (MNE Group or MNE Groups) and the tax jurisdictions where they operate.
I. Entities subject to the scope of the Resolution
The Resolution is applicable to MNE Groups whose annual consolidated returns attributable to the fiscal year before the fiscal year to be reported are above the amount of 750,000,000 Euros.
II. Information to be reported
The Resolution establishes that the Report will have to provide the following information, regarding each jurisdiction and each entity that form a MNE group:
1. The total amount of income obtained by the MNE Group, distinguishing between related and independent entities. 2. The result -profit or loss- obtained before Income Tax or similar taxes. 3. The amount of Income Tax (or similar taxes) paid, including withholdings. 4. The amount of Income Tax (or similar taxes) accrued during the existing fiscal year. 5. Equity. 6. Retained earnings. 7. The amount of employees. 8. Tangible assets, apart from cash and equivalents. 9. Tax ID Number of the entities that form the MNE Group. 10. Name of the entities that form the MNE Group, indicating its tax residence and country of incorporation. 11. Main economic activities of the entities that form the MNE Group.
III. Information regime applicable to resident entities
In addition, Argentine resident entities that are part of a MNE Group will have to report information about the final controlling entity of each group, and the CbC reporting entity. The filing of the CbC report in the applicable jurisdiction will also have to be reported.
IV. Temporal application
The Resolution is applicable to fiscal years initiated as from 1st January 2017, with respect to each final controlling entity of the MNE Group.