Information regarding visas, CUIT, please help!

[jgmaroe]

Hello,

I am currently staying in Buenos Aires on a tourist visa. I was just offered a decent job, but at the end of the month I am required to invoice the company the amount of hours that I worked, and in order to do this I need my CUIT number. To get a CUIT, it is to my knowledge that you need a DNI. To get a DNI, you need a work visa.

I have been researching extensively because I really need the money to continue my stay in Argentina. I have heard of tourists getting their CUIT while having a tourist visa (see here), but I personally can't figure out the loophole. Has anyone heard of a way to do this? I need my CUIT by the end of August or beginning of September, at the very latest. Worst case I am going to try and pay off an Argentine AFIP clerk

Thanks for any advice that you may be able to offer. I am working under the table already, but this job holds particular interest to me and I am willing to do whatever to get it.

 

[steveinbsas]

Hello,

I am currently staying in Buenos Aires on a tourist visa. I was just offered a decent job, but at the end of the month I am required to invoice the company the amount of hours that I worked, and in order to do this I need my CUIT number. To get a CUIT, it is to my knowledge that you need a DNI. To get a DNI, you need a work visa.

A number of other expats working en negro have tried to get a CUIT without a work visa. Only one that I know of was able to do so by going to AFIP and telling them they we're buying an apartment and needed a CUIT to become a monotributista and pay the property tax. I have read that if you don't have a DNI you are supposed to have an Argentine with A DNI file the "tax return" for you, but I am not sure of this. I have a DNI and use an accountant.

Worst case I am going to try and pay off an Argentine AFIP clerk

That might indeed make things worse. AFIP isn't the Aduana. They don't do business that way.

I am working under the table already, but this job holds particular interest to me and I am willing to do whatever to get it.

It's your employer's responsibility to be registered with migraciones to hire foreigners in the first place and I believe that they must request the work permit on your behalf. I fear that companies that "hire" foreigners but won't comply with the work laws or even pay en negro (under the table) are just using individuals like you while they can. They probably rather cut you loose than get caught by AFIP. I know a couple expats who were in a similar situation as yours and they were not able to continue their "employment" without the CUIT, either.

 

[steveinbsas]

I have been researching extensively because I really need the money to continue my stay in Argentina. I have heard of tourists getting their CUIT while having a tourist visa (see here), but I personally can't figure out the loophole. Has anyone heard of a way to do this? I need my CUIT by the end of August or beginning of September, at the very latest.

I find the following paragraph in the link http://workabroadtravel.suite101.com/article.cfm/working_in_argentina to be erroneous and/or vague in several ways:

"Having said all that, at no point does the foreigner become a legal citizen. Foreigners are given permission to work and have to pay their taxes, but they do not have any kind of citizenship rights. Therefore, trips to renew passports remain necessary and certain citizenship privileges remain out of reach."

What the author fails to recognize is that having residency (even temporary) with a DNI does convey almost equal rights as citizenship.

You won't be able to vote and probably can't get a loan from a bank, but with temporary residency and a DNI you can legally work and even sue your employer if you have a grievance, just like a citizen.

Once you have temporary residency you can get the CUIT without the DNI, but it may not be possible to sue your employer without the latter.

Also, in order to receive "permission to work" a resident visa is required, therefore, "trips" (out of the country) to renew tourist visas (not passports) are unnecessary. It is necessary to renew temporary residency "work permits" annually, but that only requires a turno at the office of migraciones. I wouldn't call that a trip.

 

[ghost]

Your employer is using you. he knows the ropes and he knows that if you are working in black that you don't need a CUIT. Or anything else that's legal. If he wishes to pay you then he can simply pay you. Otherwise be prepared to be screwed. Sorry.

 

[jp]

To get a CUIT you need to have some form of residency. You could get a student visa, or a rentista visa then get a CUIT, but the procedure for this is slow, bureaucratic and fairly expensive in some cases.

You can try bluff your way into a CUIT on a tourist visa, but one of the first questions on the form you have to complete is "mark your type of visa" - and tourist isn't an option. Some people have got away with this, but there's no guarantees it will work. Generally you have to register at the AFIP office near where you live (which you have to prove using the certificado de domicilio form from the police), and I'm guessing that since most expats live in the same handful of barrios, the AFIP offices are wise to tourists trying to get CUIT on a tourist visa. Might be worth a try all the same. Failing that, the company will need to pay you under the table...

 

[steveinbsas]

To get a CUIT you need to have some form of residency. You could get a student visa, or a rentista visa then get a CUIT, but the procedure for this is slow, bureaucratic and fairly expensive in some cases.

You can try bluff your way into a CUIT on a tourist visa, but one of the first questions on the form you have to complete is "mark your type of visa" - and tourist isn't an option. Some people have got away with this, but there's no guarantees it will work. Generally you have to register at the AFIP office near where you live (which you have to prove using the certificado de domicilio form from the police), and I'm guessing that since most expats live in the same handful of barrios, the AFIP offices are wise to tourists trying to get CUIT on a tourist visa. Might be worth a try all the same. Failing that, the company will need to pay you under the table...

Yes, you could get a visa rentista, but only if you already have $2000 USD monthly (passive) investment income from a source outside Argentina. If you do, that income will be subject to taxation in Argentina. I think this could be one of the reasons they recently raised the income requirement for the visa rentista from $700 per month per family to $2000 USD per month per person. $700 per month doesn't generate tax revenue, while $2000 or more probably does, at least in theory.

Failing that, the company may be willing to pay you under the table, but then they will be taking a risk greater than you are. You can just leave the country if that happens and no one will stop you. You can probably stay as well without any trouble. The company could face serious repercussions from AFIP for employing you without the proper documentation and paying you without a factura (thereby not paying the taxes on your income).

 

[Attorney in BA]

Once you have temporary residency you can get the CUIT without the DNI, but it may not be possible to sue your employer without the latter.

Just to clarify this: you can sue your employer (or anyone) without a DNI.

 

[nikad]

Get a friend with a CUIT to invoice him for you.

 

[soulskier]

Hey Argentina, CUIT making it so complicated!

 

[jgmaroe]

I just spoke with my TEFL trainer and they said that it is possible, however it comes down to what area you live in. They said that you must get a certificado de domicilio from a police station, and then go and apply for a CUIT--there is no regulation saying that a foreigner can not obtain a CUIT number, only that you can't work without a work visa. I was told to argue my case and ask them to show me the regulation that says a foreigner without a work visa cant have a CUIT, and insist that I need it because I want to open a business with an Argentine partner but that I need my own personal CUIT (or some other excuse that they might not know the regulations about). Wish me luck, I will let you know whether or not it works. Thanks for all of the help!