Argentine citizenship for foreigners?

[steveinbsas]

I suspect for US expats in Argentina residence and/or citizenship could well lead to double taxation, as the Argentines base their taxation on residency for more than 6 months of the year. It has suddenly occured to me that this could be why so many american expats seem to be permatourists and don't want to become legal residents.

This subject has been covered many times. There is a big (almost 90K USD) foreign (earned) income exemption regardless of resident or (dual) citizenship status if ya US citizen lives and works outside the US for 335 days of the year.

Most foreigners (especially US citizens) who are permatouristsmay be deceiving themselves by leaving and reentering Argentina every 90 days to get a new tourist visa. I haven't heard of AFIP going after them for taxes on their foreign income or assets, even if they are in Argentina year round.

 

[dennisr]

http://www.theglobeandmail.com/glob...kdown-hits-canadian-residents/article2067393/

 

[botanico]

Thanks for the Globe and Mail link dennisr- I had seem something similar in another canadian source.
Its easy to see the problem steveinbsas, you only need 186 days (6 months plus a day) in most countries to be considered resident for tax purposes(anyone know if that is definitely true for Argentina too?), but you need 335 outside the US to qualify for that 90K exemption (my friend is wealthy!). As many Canadians do too (believing they lose something magical by losing Canadian residency!) for Americans, staying over six months each year in the US is the safe thing to do, hence my thought that this could be why so few seem to take out legal residence in Argentina.

 

[steveinbsas]

In the past year someone postred that migraciones was going to require those with temporary residency spend no less than six months of the year in country. If they don't their visas would not be renewed.

Bajo_Cero2 disputed this, saying it would not be legal.

 

[surfing]

Can someone tell me how I find my local juzgada federal? I am ready to begin the citizenship process but I need to find out WHERE I begin the tramite. I have struck out with my on line searches!

 

[steveinbsas]

Can you find one near your present residence?

Just go there and ask. If they don't have jurisdiction they will tell you which court does.

I found two in Bahia Blanca. They alternate accepting applications on a monthly basis.

PS: All of them will be "closed" in January.

 

[French jurist]

Its easy to see the problem steveinbsas, you only need 186 days (6 months plus a day) in most countries to be considered resident for tax purposes(anyone know if that is definitely true for Argentina too?)

Indeed the law in many countries refer to the 186/187 days rule but the reality can be much more complex than that:
This rule applies in France for instance, but Administrative Courts/Jurisdictions have developped their own rules: criterias such as familial/business ties are also taken into account and it's possible to spend 120 days a year in France while still being considered as a resident for tax purposes.

This can bring very bad surprises.

I don't know about the Administrative jurisprudence here but it wouldn't surprise me if there were similar surprises.

 

[Bajo_cero2]

Can someone tell me how I find my local juzgada federal? I am ready to begin the citizenship process but I need to find out WHERE I begin the tramite. I have struck out with my on line searches!

If you live in Capital Federal, you should go to Talcahuano 580, once you are into the building you go left until "oficina de sorteos de la camara federal civil y comercial" and they sort you a judge. Regards

 

[Bajo_cero2]

Not we are at Supreme Court.

The appeal before the Supreme Court was rejected. This is normal because you appeal before the same 3 judges who just rejected you and you have to be very acid about their work in the appeal.

Those judges said that my client should go to DNM and get legal residency (They are not from Capital Federal jurisdiction)

So, today I presented the complain before the Supreme Court. There is a requirement about a money deposit that you loose if your case is rejected. However the law says that the citizenship procedure is for free with the only exception of the edicts.

They didn t know what to do, so they send me to talk with the Secretary that is in charge of the reception office. I talked with them about the deposit and they said "if the law says the procedure is for free, then you don t need the deposit". Amazing, they apply the valid law, I was charmed.

So, there is no discussion about that the legal residency is not a requirement.

I am discussing about what does an honest way of living means and how to evidence it; that the whole procedure must take 3 months according to the law and I propose how to make it possible; and that the languaje test is illegal.

Now we have to wait. By May it will be answered.

 

[surfing]

I suggest you ask the secretary of the court where you will submit your application. When I submitted mine I was told I would be called in two months to go to the police station to have my fingerprints taken. The policed called at the end of the third month. That was two months ago. I haven't heard anything from the court since then. If I wanted to leave the country at this point I would call the court first just to be sure I didn't miss the next step.

Steve, have you had any recent updates from the court? If I recall correctly you began your tramite in February so we are coming up on a year pretty soon. Also do you know what it is they are doing during the year+ that takes so long? I read something about publishing in the newspaper. Does that mean they publish your name in the paper to find out if anyone comes forward to dispute your eligibility? I'm just really curious about what goes on behind the scenes once the process begins.

Edited to add: maybe Bajocero can chime in too!