Citizenship

[steveinbsas]

PS2: The Argentine Constitution may provide that anyone who lives in Argentina for two years (regardless of their status with Argentine migraciones) and can demonstrate an honest means of living (working in Argentina) has the right to become a citizen, but the current system (which arguably may be "unconstitutional") simply isn't set up for that to easily happen without paying a lawyer thousands of dollars,

It would be interesting to know if any of the Federal courts recognize/accept working remotely as a "digital nomad" earning income in a foreign country without reporting that income in Argentina or paying the appropriate taxes on it an "honest" means of living to satisfy that requirement for citizenship.

 

[Bajo_cero2]

PS2: The Argentine Constitution may provide that anyone who lives in Argentina for two years (regardless of their status with Argentine migraciones) and can demonstrate an honest means of living (working in Argentina) has the right to become a citizen, but the current system (which arguably may be "unconstitutional") simply isn't set up for that to easily happen without paying a lawyer thousands of dollars,

It would be interesting to know if any of the Federal courts recognize/accept working remotely as a "digital nomad" earning income in a foreign country without reporting that income in Argentina or paying the appropriate taxes on it an "honest" means of living to satisfy that requirement for citizenship.

Nobody ask for paying taxes. Art. 20 of the National Constitution is a tax exception. They used to request that 10 years ago. However, there are always judges who are reactionary.
This is not cheating the system Steve. Art. 20 of the NC allows you to choose between legal residency and citizenship. The duty to pay taxes in democratic States births with citizenship because of the Principle that states that there cannot be taxation without political representation.

 

[steveinbsas]

Nobody ask for paying taxes. Art. 20 of the National Constitution is a tax exception. They used to request that 10 years ago. However, there are always judges who are reactionary.

That's good to know.

Can you please be more specific as to how a judge might "react" to an application for citizenship when the honest means of living is made by working on line and the income is generated in another country and then transferred by the foreigner to himself/herself in Argentina by using a money transfer service like Western Union?

In other words, would the income earned by a "digital nomad" be accepted (in some if not most cases) as an "honest means of living" if the individual can show (with certification by an accountant) that he/she has "access" to the funds in Argentina?

This is not cheating the system Steve. Art. 20 of the NC allows you to choose between legal residency and citizenship.

It seems that the "system" is set up to "require" two years of "legal" (permanent or temporary) residency for an individual to apply for citizenship, on thir own, even if that is unconstitutional and, as a result, "requires" a lawyer to present the case for citizenship.

The duty to pay taxes in democratic States births with citizenship because of the Principle that states that there cannot be taxation without political representation.

So, if I undertand correctly, paying taxes is not a condition of a foreigner getting Argentine citizenship because, by definition, as a foreigner, they do not have political representation in Argentina?

 

[steveinbsas]

This is not cheating the system Steve. Art. 20 of the NC allows you to choose between legal residency and citizenship. The duty to pay taxes in democratic States births with citizenship because of the Principle that states that there cannot be taxation without political representation.

That most likely would mean that, if the jugde would accept the foreigner's remote income as a an "honest means of living," the foreigner would be economically much better off to bypass migraciones completely and enjoy living and woking in Argentina without paying income tax until they actually became a citizen...

...and it might actually be much cheaper to pay a lawyer to present the case for citizenship than, as a temporary or permanent resident to declare the income to AFIP and pay the applicable taxes.

I can see how that could technically be considerd not "cheating" the system, but if it means living and working here and not paying income taxes that would otherwise be owed, I can see how some would consider that a nice legal loophole even if others woud consider it "gaming" the system.

That beng said, if the judge accepts the foreign income as an "honest means of living" and, if the foreigner can !live wthout a DNI for two or more years while using a transfer service like Westrn Union to get the income into Argentina without having to pesify the funds or paying taxes on it, it looks like a a very realistic and apparently legal way to go, even if they have to pay a lawyer thousands of dollars.

 

[Alby]

If Bajo's argument is to be believed, Article 20 of the Constitution protects non-citizen residents from the duty to pay tax.

 

[steveinbsas]

If Bajo's argument is to be believed, Article 20 of the Constitution protects non-citizen residents from the duty to pay tax.

If I understand correctly, Article 20 of the Constitution exempts non-citizens who are also non-residents from the obligation to pay the income tax in Argentina.

How could they pay it (even if they wanted to) if they don't have a DNI and a CUIT/CUIL?

 

[Alby]

Can non-citizen temporary or permanent residents vote? I don't know the answer, but if it is "no", then does that mean they don't have what Bajo is referring to as political representation? And if the answer to that is "yes", then it would seem his argument leads to the conclusion that under the constitution they are not obliged to pay tax. (Which would make the current tax legislation unconstitutional.) (Which presumably can't possibly be right.)

 

[steveinbsas]

Can non-citizen temporary or permanent residents vote? I don't know the answer, but if it is "no", then does that mean they don't have what Bajo is referring to as political representation? And if the answer to that is "yes", then it would seem his argument leads to the conclusion that under the constitution they are not obliged to pay tax. (Which would make the current tax legislation unconstitutional.) (Which presumably can't possibly be right.)

As far as I know, non-citizen residents can vote in all but the presidential elections and that would mean that they do have political representation.

Wouldn't that lead to the logical conclusion thsy they are obliged to pay taxes?

I have been told that voting is also an obligation but first you must register to vote.

I wonder if anyone can argue thay not enrolling to vote exempts a non-citizen residemt from the obligation to vote and if that somehow would exempt them from the obligation to pay taxes...

 

[steveinbsas]

I wonder if anyone can argue thay not enrolling to vote exempts a non-citizen residemt from the obligation to vote and if that somehow would exempt them from the obligation to pay taxes...

I seriously doubt that it would.

 

[Bajo_cero2]

If I understand correctly, Article 20 of the Constitution exempts non-citizens who are also non-residents from the obligation to pay the income tax in Argentina.

How could they pay it (even if they wanted to) if they don't have a DNI and a CUIT/CUIL?

No, only those who apply for citizenship because Law 346 is a manumission act and slave were alway tax free.