From its very recitals, the Resolution acknowledges a long-standing and undeniable reality: the significant difficulties and delays associated with the registration of technical assistance agreements.
In recent years, the registration of a technical assistance agreement before the Instituto Nacional de la Propiedad Industrial (INPI) had been taking, on average, nine months. This situation not only hindered a registration process that should have been virtually automatic, but also prevented the issuance of the withholding certificate established under Section 263 of Decree No. 862/2019 and its amendments, which regulates the Ley de Impuesto a las Ganancias.
This certificate—whose validity remains unaffected under the new Resolution—is essential for making payments abroad and for complying with the withholding of Argentine-source income tax pursuant to Section 104 of the Income Tax Law (2019 consolidated text), at the time of paying the consideration owed to the foreign beneficiary transferring the technology to an Argentine resident.
In other words, because the agreements could not be registered before INPI and the aforementioned withholding certificate could not be obtained, Argentine resident entities were unable to settle their obligations with foreign counterparties (whether related or unrelated). As a result, international trade relations involving goods and services were effectively hindered.
It should also be noted that registration before INPI and the issuance of the withholding certificate constitute mandatory requirements for the application of Double Taxation Avoidance Agreements. In order for residents of contracting jurisdictions to benefit from the reduced withholding tax rates provided under such treaties, compliance with the registration requirements set forth under Law No. 22,426 and its related regulations is necessary.
The Resolution is structured under a new paradigm based primarily on the sworn statements submitted by applicants, without prejudice to the verification powers of the tax authority pursuant to Law No. 11,683 and its amendments.
Accordingly, under the new regulatory framework, it is expected that the registration of agreements will become significantly faster and simpler, ceasing to represent an obstacle in international contracting.