Clear updates about residencies in Argentina

[Alby]

How much time can the person stay outside Argentina every year so that he would be able to apply to the citizenship without problems?

And does the person with rentista visa have to pay taxes? What are these taxes and how much is it?

You need to put your first question more clearly. You seem to be confusing citizenship with residency. If it helps, in order to keep your "residency" as a rentista, you need to spend a minimum of 183 days INSIDE Argentina in the 365 days that your residency lasts.

As far as taxes go, technically, if you complete the first 365 days of your residency as a rentista, and then renew it for a second year, your income (e.g., the rental income you obtain from your asset that enables you to obtain the rentista residency) becomes taxable in Argentina from the start of that second year. The value of your asset (e.g., the property you rent to obtain the income that you use to claim the rentista residency) also becomes taxable (up to 2.25% of its value EACH YEAR) under what is known as the bienes personales tax.

Some countries have taxation treaties with Argentina that include provisions to protect people from having to pay income and assets taxes in their home country AND in Argentina. If your country is one of those, you may be able to legally avoid paying Argentina's income and asset (bienes personales) taxes. There is also a rarely mentioned provision in the tax legislation that enables you to legally avoid the bienes personales tax if you don't intend to stay in Argentina for more than three years and inform this to the tax authority (AFIP) when making your tax declarations.

If your country isn't one of those who have a tax treaty with Argentina (and if you DO intend to stay for three years or longer), then you have three choices (i) pay a huge amount of tax every year (beginning from the 13th month of your residency) to Argentina on your income and assets, (ii) illegally avoid paying those taxes by not declaring your asset(s) and your income to AFIP, or (iii) forget about the rentista residency.

 

[Saninmdz]

You need to put your first question more clearly. You seem to be confusing citizenship with residency. If it helps, in order to keep your "residency" as a rentista, you need to spend a minimum of 183 days INSIDE Argentina in the 365 days that your residency lasts.

Thank you for your clarification, Alby! Besides keeping your status as rentista resident, you may be interested in applying for the citizenship after two years of living in the country. In this case, you can apply for citizenship if you stay inside Argentina 183 days each year for two years OR you have to stay two years uninterruptedly?

If your country isn't one of those who have a tax treaty with Argentina (and if you DO intend to stay for three years or longer), then you have three choices (i) pay a huge amount of tax every year (beginning from the 13th month of your residency) to Argentina on your income and assets, (ii) illegally avoid paying those taxes by not declaring your asset(s) and your income to AFIP, or (iii) forget about the rentista residency.

Is there any list of those countries which have tax treaty with Argentina? And how come you avoid declaring your asset and income to AFIP if Migraciones has already had details of this info when you applied for rentista visa?

Many thanks to you!!

 

[Alby]

Is there any list of those countries which have tax treaty with Argentina?

Here is the list: https://www.afip.gob.ar/convenios-internacionales/paises/

Look for the column with the CDIs (Convenios para evitar la doble imposición international).

And how come you avoid declaring your asset and income to AFIP if Migraciones has already had details of this info when you applied for rentista visa?

Some people believe that Migraciones and AFIP do not routinely share this information. That may or may not be true at the moment. Even if it is true at the moment, there is no guarantee that it will still be true in the future.

Some people also claim that AFIP isn't interested in charging income and assets taxes on foreigners. That may or may not be true at the moment and may or may not be true in the future. People who believe this claim never provide any evidence to back it up.

To put all this another way, apart from being a complicated/time-consuming residency to obtain from Migraciones, the rentista category is only viable if somebody (i) has a high tolerance for risk in tax matters, or (ii) has a low tolerance but is wealthy enough to comply with the taxation laws, or (iii) is only planning to stay for up to three years and willing to declare that to AFIP, or (iv) is protected by one of the treaties that include CDI. If you read the tax treaties, it becomes clear that some offer better protections than others against the assets (bienes personales) tax. If you are determined to go down this Rentista path, unless you fall into category (i), you need to engage a specialist tax lawyer now to find out about (ii), (iii), and (iv) before going any further.

(I can't help you with the citizenship question. Others here know much more about it.)

 

[dsp27]

Thank you for your clarification, Alby! Besides keeping your status as rentista resident, you may be interested in applying for the citizenship after two years of living in the country. In this case, you can apply for citizenship if you stay inside Argentina 183 days each year for two years OR you have to stay two years uninterruptedly?




Is there any list of those countries which have tax treaty with Argentina? And how come you avoid declaring your asset and income to AFIP if Migraciones has already had details of this info when you applied for rentista visa?

Many thanks to you!!

Based on your nickname I presume you are Russian? I can see why you'd be interested in getting another citizenship.

Russia does have a treaty for preventing double taxation I think. However, I believe it would only apply if your income is generated in Russia (or whatever your nationality is). If the income is generated in country X without treaty you may be in a pickle. That being said unless you are making some serious money, chances are you will not be bothered by the AFIP as long as you keep a low profile.

While for residency you need to be here 183 days in a year to renew it, there is no such rule when you apply for the citizenship. If you have been legal temporary or permanent resident (with a DNI) for 2 years and can prove an "honest income" [foreign income is fine but you'd be creative in providing the supportive docs). Time spent in Argentina matters more for those that try to get the citizenship the hard way, by overstaying for 2 years and then applying. Then showing the court you have established a life here for yourself and have lived here for x number of years is important. I generally advise against going down that path especially if you are not willing to hire a lawyer and spend several thousand USD in legal fees with no guarantee of success. And these cases do generally take longer than an "uncomplicated case" for those with legal residency for 2 years.

 

[Saninmdz]

While for residency you need to be here 183 days in a year to renew it, there is no such rule when you apply for the citizenship.

You mean you can get in/out Argentina for as many days as you like during the two years (before you apply for citizenship) and this won't affect your application to the citizenship? Because in the requirement list, it is mentioned "dos años ininterrumpidos".

If the income is generated in country X without treaty you may be in a pickle.

That means a person from a country that doesn't have taxation treaty with Argentina, wouldn't be advised to apply for rentista visa as he/she will have to pay a lot of money in taxes for two countries?

NB: I have double nationality but neither is from Russia.

 

[dsp27]

You mean you can get in/out Argentina for as many days as you like during the two years (before you apply for citizenship) and this won't affect your application to the citizenship? Because in the requirement list, it is mentioned "dos años ininterrumpidos".

Well the catch is that if you were to renew your residency for the 2nd year you must have been in ARG for 183+ days. Otherwise you cannot renew it. Then the 3rd year if you want to apply to change of category to permanent you also must have been here half a year. So while there is no requirement for the carta de ciudadania for those that apply after the first 2 years of residence de facto they must be here half the time. However, if someone with say permanente that spends here only 1 or 2 months before they submit their application should not have any problems either.

You must remember that reaching the 2 year residency mark does not mean much in the sense that you still must maintain residency here while your citizenship case is pending and that could easily take 12-18 months.

That means a person from a country that doesn't have taxation treaty with Argentina, wouldn't be advised to apply for rentista visa as he/she will have to pay a lot of money in taxes for two countries?

NB: I have double nationality but neither is from Russia.

You need to talk to an accountant/tax expert. This topic is outside my skillset toolbox.

 

[Bajo_cero2]

Good afternoon guys,
A question that has connection with the rentista visa. How much time can the person stay outside Argentina every year so that he would be able to apply to the citizenship without problems?

Does the person with rentista visa have to pay taxes? What are these taxes and how much is it?

And when your application to the rentista visa is approved, you are given "sí o sí" one year at the beginning or that you can be given more than one year?

Thanks to everyone here!

Maximum 6 months abroad per year.

 

[Bajo_cero2]

You mean you can get in/out Argentina for as many days as you like during the two years (before you apply for citizenship) and this won't affect your application to the citizenship? Because in the requirement list, it is mentioned "dos años ininterrumpidos".

That means a person from a country that doesn't have taxation treaty with Argentina, wouldn't be advised to apply for rentista visa as he/she will have to pay a lot of money in taxes for two countries?

NB: I have double nationality but neither is from Russia.

The 2 uninterrupted years before applying is abolished. You can travel. You also can apply before the 2 years.

 

[steveinbsas]

The crimnal backgroud check is also required for the spouse but I don't think it is required for minor children.

Valid passports are required for all family members and the passports cannot expire during the term of the visa.

If you consider applying for citizenship at some point you will need certified (state issued) copies of birth certificate (s) with the Apostille for Argentina, but, as far as I know, they are no longer required for the visa rentistThe birth certificate is not longer required but useful.

Bajo_cero2 answered:

The birth certificate is not longer required but useful.

Even though the topic is about residencies, in the above post I indicated that the birth certificate is "needed" for citizenship, but, as far as I know it is not required for the visa rentista (or any type of temporary residency).

I hope Bajo_ceo2 can confirm if the birth certificate is actually required for citizenship or is just useful, as it would undoubtedly be easier and less expensive to bring from the home country than getting it after arriving in Argentina.

 

[dsp27]

I hope Bajo_ceo2 can confirm if the birth certificate is actually required for citizenship or is just useful, as it would undoubtedly be easier and less expensive to bring from the home country than getting it after arriving in Argentina.

If you were to ask Bajo he'd say you need nothing. Just show up with with your passport at the court as soon as you arrive in ARG and ask for your "right" of carta de ciudadania citing some "slavery" or Germanic law. haha.

They DO ask for your birth certificate, translated and legalized with apostilla. If you don't have it is this the end of the world? No -- but why make things difficult. Having all or as many of the documents that they usually ask for and being able to front load everything and expect the things they will throw your way is the "secret" to finishing your case in 7-8 months. Otherwise there will be a constant back and forth and while the case may be successful it would cause significant delay. So unless you absolutely cannot provide a doc I would suggest people just be proactive.