Regulatory Decree No. 105/2026 introduces significant adjustments to the regulatory framework governing the Incentive Regime for Large Investments (Régimen de Incentivo para Grandes Inversiones – RIGI), affecting tax, customs, and foreign exchange matters. To this end, the decree amends Regulatory Decree No. 749/2024 and its annexes, which contain the operational regulations of the regime established by the Ley de Bases y Puntos de Partida para la Libertad de los Argentinos (Law No. 27,742).
In its substantive aspects, Decree No. 105/2026 introduces the following amendments and additions:
1. Expansion of existing projects
The regulation redefines the concept of “expansion” and the requirements for its applicability, expressly recognizing its use in the hydrocarbons and technology industries, thereby providing greater clarity for expansion processes carried out under the promotional regime.
2. Accelerated depreciation
The scope of the special depreciation regime for assets under the Income Tax framework established in Section 183(b) of Law No. 27,742 is clarified. Its application—subject to prior authorization—is expressly extended to infrastructure works and capital goods functionally integrated into concessions or exploitation rights.
3. Dividends and remittances abroad
The regulation is adjusted to address situations in which profits derived from the Single Project (Proyecto Único) are channeled through the company holding a dedicated branch, ensuring the correct application of the differential 7% withholding rate. Additionally, it is clarified that the reduced 3.5% rate established under Section 185 of the Bases Law will apply starting from the eighth year following the close of the fiscal year corresponding to the date of adherence to the RIGI.
4. Recognition of contributions made by related parties to the Single Project Vehicle (VPU)
Clarifications are introduced regarding the treatment of foreign currency contributions made by shareholders, related entities, or members of temporary joint ventures to the Vehículo de Proyecto Único (VPU). Such contributions may be recognized as foreign currency inflows for RIGI purposes, provided that they are duly registered, traceable, and effectively allocated to the Single Project.
5. Imports carried out by suppliers and limitations on eligible imported goods
The regulation defines the types of goods that may be imported under the regime, prioritizing goods intended to be transformed into capital goods or information technology and telecommunications equipment associated with RIGI projects. Furthermore, the value of goods imported for infrastructure works may not exceed 50% of the supply contract value, unless expressly authorized by the enforcement authority.
6. Documentation requirements for suppliers of Single Project Vehicles (VPU)
The documentation required from suppliers of VPUs is modified. Suppliers must provide identifying information, identify the VPU benefiting from the supply and the relationship between the parties, specify the treatment that will be given to the imported goods, and include economic projections regarding the services to be rendered.
Overall, these amendments seek to strengthen the traceability of the regime, clarify its operational scope, and provide greater predictability for strategic investments carried out under the RIGI framework in Argentina.