Do I need a special permit to work remotely for my US-based company?

[Fiscal]

While my permanent residence (via Argentinian born child) is pending, do I need any kind of special visa to work remotely for my US-based company?

My company HR department recently asked me. I thought on a tourist visa I can be in Argentina for vacation or business for up to 60 days, and so I could clearly work remotely from here. The only issue was staying longer than six months.

 

[nikad]

While my permanent residence (via Argentinian born child) is pending, do I need any kind of special visa to work remotely for my US-based company?

My company HR department recently asked me. I thought on a tourist visa I can be in Argentina for vacation or business for up to 60 days, and so I could clearly work remotely from here. The only issue was staying longer than six months.

You don't need any special visa to do that. The tourist visa can be extended for another 90 days no problem. Even if your visa expires, you are granted perm residency being married to an Argentine. The only thing you really need to figure out is taxes because there is no double tax treaty between Arg and the US

 

[ben]

Online work is a legal gray area. Technically you are not allowed to work as a tourist - at all. But if the work is not being done for a local entity, does that prohibition cover it? Logically, it shouldn’t; you aren’t competing with locals for that job, after all. And in practice, enforcement is all but non-existent - in any jurisdiction.

Taxes, as nikad notes, is another story. Technically, again, you are working here and should be paying taxes here. But you almost certainly won’t be paying taxes here, at least not until you have a DNI. So for all intents and purposes just assume that your tax situation will be exactly as if you were still in the US.

Once you have a DNI, you’ll have to decide whether you want to go the route of paying taxes here and seeking to reduce your US taxes as a result, or just continue as before.

 

[Fiscal]

The problem is the fine people in HR who suddenly decided to ask me what my legal authority is for working remotely in Argentina aren't interested in grey areas. They want some sort of definite "yes" as a CYA for themselves. I suppose permanent residency or citizenship resolves that but I assume it takes several months to complete or at least get a DNI.

 

[sts7049]

your company should be the one finding the answer to that, i think.

 

[ben]

Just tell them that as far as they are concerned you *are* in the US.
Problem solved, no?

 

[Fiscal]

Online work is a legal gray area. Technically you are not allowed to work as a tourist - at all. But if the work is not being done for a local entity, does that prohibition cover it? Logically, it shouldn’t; you aren’t competing with locals for that job, after all. And in practice, enforcement is all but non-existent - in any jurisdiction.

Taxes, as nikad notes, is another story. Technically, again, you are working here and should be paying taxes here. But you almost certainly won’t be paying taxes here, at least not until you have a DNI. So for all intents and purposes just assume that your tax situation will be exactly as if you were still in the US.

Once you have a DNI, you’ll have to decide whether you want to go the route of paying taxes here and seeking to reduce your US taxes as a result, or just continue as before.

Do you have a legal citation for the prohibition against working as a tourist? The 90-day entry visa is for pleasure or business. I understand I cannot work for an Argentinian company and compete against Argentinian residents. But I am working for a U.S. company, in a position created in the U.S. for a U.S. citizen. I am not taking the job away of an Argentinian. Indeed, if not allowed to work at all as a tourist, an American visiting Argentina on vacation could not even read his or her work email.

 

[Fiscal]

Just tell them that as far as they are concerned you *are* in the US.
Problem solved, no?

Unfortunately I work for a big giant company with lots of HR people who always look for ways to say "no."

 

[nikad]

The problem is the fine people in HR who suddenly decided to ask me what my legal authority is for working remotely in Argentina aren't interested in grey areas. They want some sort of definite "yes" as a CYA for themselves. I suppose permanent residency or citizenship resolves that but I assume it takes several months to complete or at least get a DNI.

You are allowed to work because you are working FROM Argentina and not IN Argentina.

 

[Bajo_cero2]

You don't need any special visa to do that. The tourist visa can be extended for another 90 days no problem. Even if your visa expires, you are granted perm residency being married to an Argentine. The only thing you really need to figure out is taxes because there is no double tax treaty between Arg and the US

Wrong. Read art. 55 of the immigration law.
However, if he is applying for DNI because of his child, he should have precaria that is alike the greencard.