On January 2, 2026, Law No. 27,799 was enacted, which, among other reforms, introduces significant amendments to the Income Tax applicable to resident individuals and undivided estates within the country.
The new regime established in Chapter III of the Fiscal Innocence Law aims to simplify income tax reporting, provide legal certainty to taxpayers, and expedite the collection of the tax by the tax authority.
Law No. 27,799 incorporates into the statutory framework a simplified sworn return mechanism similar to that previously contemplated by Decree No. 353/2025 and its implementing regulations issued in May 2025.
In order to benefit from the simplified regime, the new law sets forth minimum requirements, which may be supplemented by additional requirements established by the Revenue and Customs Control Agency (ARCA) through the National Executive Branch.
To elect the Simplified Sworn Return Regime, the taxpayer must verify, for the three (3) fiscal years immediately preceding the year in which the option is exercised, compliance with the following conditions:
a) that total income—whether taxable, exempt, and/or non-taxable for income tax purposes—did not exceed ARS 1,000,000,000 in each of the preceding periods;
b) that total net worth did not exceed ARS 10,000,000,000, such amount being the aggregate value of assets located in the country and abroad, whether taxable, exempt, and/or non-taxable for purposes of the Personal Assets Tax, in each of the preceding periods;
c) that the taxpayer does not qualify as a Large Taxpayer, in accordance with the parameters to be defined by ARCA.
Where the taxpayer meets the aforementioned requirements, the regulations provide that payment made under the regime shall have discharging effect, both with respect to the fulfillment of the taxpayer’s formal obligations and the payment obligation itself.
Payment made pursuant to the simplified sworn return shall benefit from a presumption of accuracy that shall not admit evidence to the contrary, thereby releasing the taxpayer from any civil liability and from liability for tax and customs offenses and administrative infringements that might otherwise apply.
ARCA may challenge the sworn return and suspend the discharging effect of the payment only where it detects significant discrepancies between the information declared and that which may be obtained from third parties.
For these purposes, a discrepancy shall be deemed significant if any of the following conditions is met:
I. The challenge raised by the tax authority results in a difference of fifteen percent (15%) between the tax paid by the taxpayer and the tax that should have been paid.
II. The amount omitted as a result of an inaccurate sworn return exceeds ARS 100,000,000, or the amount in force as the objective threshold of criminal liability for the relevant fiscal year under the Tax Criminal Regime.
III. The challenge arises from the use of fraudulent invoices and the taxpayer fails to amend the challenged sworn return on that basis and to pay the corresponding tax difference, if any.
Presumptions of unjustified increases in net worth shall not apply for purposes of determining the existence of a significant discrepancy.
Accordingly, the new regime provides legal certainty to resident individuals and undivided estates with respect to their tax filings and, as a result, seeks to simplify and expedite the assessment and collection of Income Tax by the national tax authority.
In the coming weeks, implementing regulations are expected to be issued to further delineate the scope of the regime and, ultimately, to determine the effectiveness of the presumption of accuracy established by the statute.
In recent years, there have been certain precedents that serve as relevant experience in this regard. Nevertheless, notwithstanding any questions that may currently arise, the new law represents an advance in the relationship between the tax authorities and taxpayers and constitutes an important tax planning instrument.