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

[BsAs2022]

Going back to the original question on this thread, I'm trying to determine if it is legal to work remotely while self employed for less than six months while on a tourist visa. (I appreciate forums and consultancy articles aren't the final source when seeking official-type answers, but at this stage I'm trying to at least move my understanding in the right direction.) I think I understand what people do in practice (most just do it and enforcement is low) and I suspect that the legal answer will be 'no' although have read in forums that some claim it is a legal grey area.

Argentina – Taxation of international executives

Taxation of international executives.

home.kpmg

Above from KMPG mentions:
Nonresidents are only taxed on Argentine-sourced compensation (income derived from work performed in Argentina, irrespective of the place in which it is collected). So, it seems the definition of 'Argentine-sourced' is key in various interpretations I've read.

Conscious the forum can only get me so far, does anyone have recommendations for an immigration lawyer here who wouldn't charge much just to answer some basic questions I have (say, 30 minutes or so worth)? Thanks for any guidance.

 

[Alby]

I think the answer is reasonably straightforward. Vamos por partes (as Milei would say).

(i) You can only come as a tourist for 90 days (but you could extend that for another 90 days by undertaking an administrative process with Migraciones).

(ii) You are surely in no breach of Argentine law if you spend your 90 days (or 180 days) sitting in your accommodation working remotely for a non-Argentine employer. I don't see how the mere activity of performing work for a non-Argentinan employer whilst physically located in Argentina for 90 (or 180) days could be illegal.

(iii) If you are worried about the earnings during those 90 days (or 180 days) being taxable in Argentina, don't. Your income (and assets) only become taxable once you have become a tax resident. And you don't become a tax resident by being granted entry on a tourist visa. You become a tax resident 12 months after being granted temporary residency, which is a whole different ballgame.

 

[lunar]

... I understand what people do in practice (most just do it and enforcement is low) and I suspect that the legal answer will be 'no' although have

I think people will just ask the same question, until somebody tells them what they want to hear.

If you are getting here as a tourist, that means working in Argentina (whether locally or remotely) is not your intention. By not applying for a different visa type and accepting the "tourist" designation, you express this to the authorities. You are granted a tourist visa under these conditions.

If you do some occasional gig on the side and getting paid for this - that's probably OK. Things happen.

However, if you perceive it as work yourself, and consider it to be a long term arrangement that takes significant place in your daily routine while you are staying in Argentina, that's called "working," and you are not supposed to work on the tourist visa.

Just to be sure, I am not telling you what you should or should not do and common practice is, evidently, a very different thing. But if you expect to get a relief and clear your conscience, then sorry.

 

[steveinbsas]

Going back to the original question on this thread, I'm trying to determine if it is legal to work remotely while self employed for less than six months while on a tourist visa.

Technically, as the laws presently exist, the answer is no, but who's gonna know?

If the "visa nomad program" is enacted, of course that will change.

The proposed conditions have already been posted in this thread.

(i) You can only come as a tourist for 90 days (but you could extend that for another 90 days by undertaking an administrative process with Migraciones).

It is not clear if migraciones is going to resume the "administrative process" (aka the "prorroga de permenencia") any time soon.

Perhaps they won't if they believe it will "encourage" those who want to work remotely in the country for six to twelve months of the year to enroll in the "visa nomad" program.

PS: On the other hand, we might see a return of the "visa run" by some individuals as they near the end of their 90 day tourist permit, but I would only suggest doing it once (in order to maintain the "image" of a tourist as well as avoid an overstay fee)...but that will only work if the border agent grants a new 90 day tourist permit (it could be as few as ten days?).

 

[Alby]

Technically, as the laws presently exist, the answer is no, but who's gonna know?

You board a plane, you arrive at the immigration desk and present a passport hoping to be let in. Do they you actually ask what the purpose of the visit is? It's a while since I was in that position. Although I do recall being asked for an address, I don't recall being asked specifically or declaring tourism to be my purpose. Maybe my memory is faulty. But its possible that they put you into the administrative category that suits them rather than in the category that you declare yourself to be in. Relatedly, up until 2017 my passport entry stamps say "Turista 90 dias". From 2018 the 90 days changed to "tres meses" and the "Turista" disappears altogether.

 

[Brian_is_here]

if you are away from your us company home location for more than 180 days in a row, your us company can’t pay your SS taxes any more. That should go to your home location. Which means they gotta figure that out. That’s hard. No one wants to open an office in Argentina

if you’re in Argentina for more than 183 days in a calendar year, you owe AFIP income taxes. Provided you have a work permit to legally work.

if you told your company you live in Florida and flew to Miami every 159 days for a week. you’re still on the hook for AFIP, but your company is off the hook for figuring out how to pay you. Provided they don’t have a legal entity in Argentina.

 

[dilmah]

I don't recall being asked specifically or declaring tourism to be my purpose

If you (as passport holder from the US or other visa-free country) enjoy visa-free entry to Argentina
then you should know that visa-free entry is specifically limited to tourism purposes.

When your passport is stamped, entry stamp bears "Turista" inscription.

 

[Alby]

And a further wrinkle on this, in 2010 I entered Argentina for a few days as a foreign government employee accompanied by a private consultant who entered using his personal passport and was granted the usual 90 days entry with the full knowledge of the Argentine government (because the work he was here to do was a project with the Argentine government) that the purpose of his visit was not tourism but was instead to work for a foreign employer.

 

[Alby]

When your passport is stamped, entry stamp bears "Turista" inscription.

That may be the case currently, and the evidence on my passport shows that it was the case at least up until 2017. But I can say that at the very least during 2018 (a year in which I had two entries, both prior to commencing a residency application) there was no turista inscription on the entry stamp.

 

[BsAs2022]

Thanks, everyone. I was interested in self-employment remotely and for less than 6 months (3 + an extension), so the mentions of a US company and being here longer don't apply. I also wasn't searching for anyone to give me a certain answer so much as an answer (!) but everywhere seems to have a different take on it. I'm not working in Argentina, so was just asking to explore potential options. Thank you again for taking the time to give your views.