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

[Edu R]

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.

I think you mean art. 53, but otherwise yeah, this is about right.

If you have a "Certificado de Residencia Precaria" then you can work, it should say so right in the certificate, "está autorizado/ a a alojarse y a desarrollar tareas lucrativas". See article 52 of Law No 25.781.

If that doesn't cut it, ask HR if a written memo, in English, signed by a bar-accredited lawyer in Argentina would work. If they say yes, feel free to PM me and we'll work something out.

It'd be different if you hadn't applied for permanent residency, in which case you could claim you're just a tourist and that your income is not locally sourced and thus exempt from taxes, but if you're sticking to the straight and narrow, that option is out the windows.

Taxes are a different beast, but if you're holding a residencia precaria and staying here more than 6 months then you essentially pay taxes like a local (income tax and IVA or monotributo, ingresos brutos, maybe not bienes personales if you're not holding local assets, I'd have to check).

This is not legal advice, your personal circumstances may change your specific liability, etc.

Edit: Goddamn, I somehow missed that this thread had 8 pages and was started in 2019, sorry about that. Hopefully what I said was still relevant so I'll leave it up.

 

[IslandTime808]

Circling back….in a slightly different situation than the original post. I’m a digital nomad with my own business. Not competing with locals or anything with my job. Seeing some mixed things about if you can only be in the country six months (with extension) or twelve months without having to worry about paying taxes, which I’m not interested in doing.

In the most ideal world I would try to stay just under two years, whether that is overstaying and paying the fine before leaving or visa runs three months…I would actually visit neighboring countries instead of doing the ferry. Not sure how much this has changed with COVID.

Since that seems more difficult now (based on this thread), is it still easy to do twelve months (extension then one tourist run before leaving)? Worst case scenario I would do six months in Argentina and six in a different country. Thank you

 

[Bajo_cero2]

just overstay and pay the fine when you leave.

 

[IslandTime808]

just overstay and pay the fine when you leave.

There's no possible issue for staying longer than 6 or 12 months apart from the fine for overstaying? My main was concern was if they could label you a "tax resident" or something like that with so long in the country.

 

[lunar]

My main was concern was if they could label you a "tax resident" or something like that with so long in the country.

Visa runs do not affect your tax residency. So, you can be labelled as a tax resident after staying here for more than 6 month without any difference whether you are doing visa runs or not.

 

[IslandTime808]

Visa runs do not affect your tax residency. So, you can be labelled as a tax resident after staying here for more than 6 month without any difference whether you are doing visa runs or not.

But if you planned on overstaying (but under two years) would you have to worry about that? I know people have done it in the past.

 

[Edu R]

But if you planned on overstaying (but under two years) would you have to worry about that? I know people have done it in the past.

What Lunar is saying is that your residency status from an Immigration point of view is separate from your tax residency (this is a simplification ofc), but essentially AFIP can consider you a tax resident even if you're technically not overstaying your visa, especially once you stay over 6 months.

From a practical point of view, AFIP is overpowered but lazy. If you don't have a significant* financial footprint in Argentina, you're most likely not in their radar.

*significant doesn't necessarily mean large sums.

 

[Alby]

*significant doesn't necessarily mean large sums.

How would you define "significant"?

 

[Edu R]

How would you define "significant"?

It varies. Do you have bank accounts in Argentina, registered assets (house, car, boat, etc.), do you receive income from Argentine sources (employment, passive)? Essentially, are you "in the system"?

Not being in the system also comes with its own drawbacks. Yes, you are less likely to avoid fiscal residency, but if the tax man comes knocking it'll probably be because you evaded enough taxes that you caught AFIP's attention.

My point is that there's no easy trick to avoid fiscal residency, but I think it's unlikely at best if you're truly living like you're not planning to stay here.

Not legal advice, your specific circumstances might vary, etc.

 

[IslandTime808]

just overstay and pay the fine when you leave.

There would likely be no issues doing this (say for 22 months) apart from the fine on the way out? No issues with taxes or anything?