General Resolution No. 5815/2026 issued by the Agencia de Recaudación y Control Aduanero (ARCA) was published in the Official Gazette on January 16, 2026. The regulation establishes an Income Tax withholding regime applicable to exports of precious metals carried out without a transfer of title.
The newly implemented withholding regime applies to export-for-consumption transactions involving gold, silver and/or platinum, at any stage of processing—including doré bullion (“bullion doré”)—where ownership of such goods is not transferred and the purpose of the export is their refining, processing and/or storage abroad for subsequent sale or other purposes.
The regulation takes into consideration that international trading practices in precious metals frequently rely on these types of processing and/or storage arrangements prior to the sale of the minerals by the producer.
For these purposes, the regulation establishes certain requirements, including the obligation that the export certificate be supported by contractual documentation evidencing the reason why the goods are being exported. Such agreement must be attached to the export declaration. In cases involving storage agreements, the contract must include, among other information, the identification of the parties involved, the term of the agreement, and the applicable fees or amounts agreed upon.
The amount to be withheld shall be calculated by applying a one percent (1%) rate to the value used for the determination of export duties, as provided under item 1 “ES03: Export of Mineral Concentrates” of Annex I to General Resolution No. 5626.
In order to ensure adequate collection, reporting, and control mechanisms enabling the tax authority to exercise its oversight functions, prevent abusive practices and safeguard the public treasury, the regulation also sets forth the methodology for calculating the withholding amount, the penalties applicable in the event of non-compliance with the regime, and a specific reporting regime.
The withheld amount shall be treated as tax paid and may be credited against the Income Tax return corresponding to the fiscal period in which the exported goods are transferred for consideration, whether in the same condition in which they were extracted from the customs territory or after having undergone a transformation process.
The regulatory grounds note that activities related to the extraction, refining and commercialization of precious metals constitute a strategic sector for the generation of foreign currency, productive investment and the integration of the Argentina into international markets.