Need advice on digital nomad visa vs work visa

Looks like they are trying to use executive power to skip the courts and make marriage get temp. only (still with pathway to perm./citizen).

Perhaps temporary residency for the first two years as announced by a political candidate a few days before the recent election, but I believe his statements were made before the decree was officially announced. You can look through the details of the decree in another thread to see if that provision is included:

Thread 'Immigration changes: Health, Education, Deportation' https://baexpats.org/threads/immigration-changes-health-education-deportation.48897/

PS: Other members who already know may comment.
 
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After roughly translating the metioned Ley 25.871 it seems to include marriage too 👍
I guess I need to correct that, with the recent changes / decreto this doesn't seem to be possible anymore (given that I understand the new regulation correctly) 🙈

This is the current Ley 25.871: https://www.argentina.gob.ar/normativa/nacional/ley-25871-92016/actualizacion

The part about permanent residency, articulo 22, which previously included marriage as a direct way to permanent residency has now been replaced with this:

Se considerará ‘residente permanente’ a todo extranjero que, con el propósito de establecerse definitivamente en el país, obtenga de la DIRECCIÓN NACIONAL DE MIGRACIONES una admisión en tal carácter.

Al tramitar el pedido de residencia, el interesado deberá acreditar que cuenta con los medios económicos suficientes para subsistir en el país y que no cuenta con antecedentes penales que pudieren motivar el rechazo de la solicitud, todo ello de acuerdo con las condiciones que establezca la reglamentación.

A los hijos de argentinos nativos, naturalizados o por opción que nacieren en el extranjero se les reconoce la condición de residentes permanentes. Las autoridades permitirán su libre ingreso y permanencia en el territorio.

If I understand the first section correctly it's now up to migraciones whether or not they give you the status of permanent residency. This seems very odd to me as there's no clear criteria on this anymore other than that you need sufficient financial means and a clean criminal record. Wouldn't this totally overpower migraciones in that they could decide however they want to?

The same recent decreto also added the marriage/spouse path as a valid reason to get temporary residency. Given this and the recent changes on the website of migraciones I'd assume they really want you to go the temporary residency route, although tbh I also don't see anything specifically preventing you from directly applying for permanent residency.

In the end I'm not a lawyer and only translating the new wording of the law so I can't say anything for sure.
 
Maybe one more question to you @Joddson or anyone who has any experience on this: Is there a preferred way of either going on digital nomad for 180 days and then leaving and reapplying vs. prolonging the digital nomad after the first 180 days to the full 360 and then leaving and reapplying?
 
Maybe one more question to you @Joddson or anyone who has any experience on this: Is there a preferred way of either going on digital nomad for 180 days and then leaving and reapplying vs. prolonging the digital nomad after the first 180 days to the full 360 and then leaving and reapplying?
No idea on that one really. I've never needed to stay in county past 6 months without visiting back to New York.

I did find this page specifically for renewing the nomad visa while in county (https://www.argentina.gob.ar/servic...de-residencia-transitoria-como-nomada-digital), maybe some other will have some experience with that (seems like a couple basic contradictions like "must email" vs "must go in person" and the sort. Don't see any reason why you wouldn't be able to renew without leaving if you wanted to just stay in country for a year straight.

Only note, to my understanding the nomad visas are one time use, so you can't leave once you're in, lest the return will be marked as a tourist. So if you plan on floating back and forth once and a while maybe you'll end up wanting a leave gap anyways.
 
No.

You only become a tax resident after 12 months of having been issued a temporary residency (residencia temporaria) by Migraciones. And if, during the 12 months, you stayed out of Argentina for more than 90 days, you remain non-resident for tax purposes. If you were to skip the temporary residency process by getting married and going straight to permanent residency, upon Migraciones granting you the permanent residency, you become a tax resident.

If you were to get a a job with an Argentine company on a contract of less than five years duration and be granted a temporary residency by Migraciones on that basis, you would remain a non-tax resident for the term of that employment. That may be a factor to consider in weighing up your employment options.
I still have some issues with understanding income tax in argentina^^

In a very helpful KPMG document (https://assets.kpmg.com/content/dam...01/TIES-Argentina.pdf.coredownload.inline.pdf) I found this:
Is salary earned from working abroad taxed in Argentina? If so, how?
Remunerations from overseas are taxable if received by an Argentinean resident.
Nonresidents are only taxed on Argentine-sourced compensation (income derived from work performed in Argentina, irrespective of the place in which it is collected).

and this:

Argentina adopts the economic employer approach to interpreting OECD treaty. The analysis of domestic
regulations also leads to a similar line of reasoning.
In light of the above, it could be understood that no tax will be paid to the extent that:
• the individual remains less than 183 days in a fiscal year
• no payments are made by an Argentine entity
• no costs are borne by a permanent establishment in Argentina.

I'm not quite sure how to puzzle everything together tbh. Given the above I am taxed on my income that I receive while working in argentina for my german-based employer as soon as I stay more than 183 days in a year(?) Am I reading this correctly or getting things mixed up here?
 
Remember, reports like the one you have found from KPMG have to summarize complex taxation legislation. They can't possibly do justice to the nuance of the law. If you are interested in adhering to Argentine tax legislation as part of a long-term commitment to be in this country with your girlfriend, then you would eventually need to engage a tax accountant here to help you explain the finer details of the law and how to comply in the best way you can. Nonetheless, go to to 2.3 of the KPMG report:

"For the purposes of taxation, how is an individual defined as a resident of Argentina?
An individual who obtains a permanent residence from an immigration viewpoint or stays in Argentina for more than 12 consecutive months is considered a resident of Argentina for tax purposes."


Under one of the paths you are considering (continue working for your German employer while living here), that is the relevant information. To become a tax resident, you would need to become a permanent resident (having successfully applied to the Direccion Nacional de Migraciones (DNM) under a relevant category) or have otherwise stayed here 12 months (perhaps, for example, on two consecutive digital nomad visas).

As far as I can see, the only way you have to become a permanent resident at present is by marrying your girlfriend and applying to the Direccion Nacional de Migraciones (DNM) under the relevant category (or perhaps registering a civil union and doing it that way--see other recent threads on this subject). Until you do either of those things to jump straight to permanent residency, and as long as you don't (under the two consecutive digital nomad visa option) spend more than 270 days in Argentina in each 365-day span (i.e., stay outside the country 90 days in every 365), you do not become a tax resident of Argentina.

Ultimately, if you are to build a life here with your girlfriend, it is going to be impossible not to fall into the category of tax resident and, in those circumstances, you will need to plan your tax arrangements very carefully with a professional. But, at least for the first 12 months, and perhaps for another 12 months if you manage your time carefully, you can avoid this fate.

I see that the next paragraph for the KPMG report says something relevant to the other option you were contemplating--work for a local employer:

However, those individuals who hold a temporary visa and whose presence in Argentina is based on thegrounds of employment which is duly accredited, and which requires their permanency in Argentina for a period not exceeding 5 years are not considered Argentine residents, but non-residents located in Argentinaon a permanent basis (NRPP). NRPPs are only subject to taxation on Argentine-source income, but for the purpose of tax calculation, they shall be governed by Income Tax Law provisions applicable to Argentine residents.

The explanation suggests that, contrary to my previous post, you may be taxed in Argentina should you take up local employment on a contract of under five years duration. Here, you would need specialist advice.

Note also that the current government is preparing a comprehensive new tax legislation, which may or may not come into force at some point, and which may or may not change everything.

Separately, there are news stories out today (for example: https://www.c5n.com/economia/el-ban...ades-digitales-que-exportan-servicios-n203657) reporting a flexibilization of banking rules for digital nomads. No idea what they are on about, but digital nomads, or budding digital nomads, might want to check it out.
 
Thanks a lot for all the info and clarification @Alby! I guess eventually I'll really need a tax advisor to handle everything, already for peace of mind^^

Are there any good resources where to find a good tax advisor for these cases other than searching online? If anyone has a good tip, I'd be super happy about that!
 
There are plenty of advisors around, but, honestly, you are getting way ahead of yourself by worrying about the tax obligations at this stage. If all this works out in the medium term in the way you are hoping, and if that means living in Argentina with her rather than in Germany with her, you will need a tax advisor. But you are not there yet. Rest assured: you will not become a tax resident for at least 12 months. Beyond that, any tax advice you get today may well be out of date by the time you need to use it.

There are no easy options. You are not going to marry your girlfriend yet. So DNU-issued temporary and then permanent residency (and therefore a DNI relatively quickly and therefore tax residency not too soon afterwards) is off the table for now. The only other pathways to a DNI, which, as you rightly point, is essential if you wish to to build a relatively stable life (e.g., rent an affordable apartment together on a medium term basis) are probably (i) gaining employment with a local company, or (ii) becoming a student. Option (i) may or may not lead to tax residency, but, if it doesn't, may not suit you for other reasons. Option (ii) probably means actually taking up study, which may not be what you want to do.

You are probably going to have to muddle through for a while on some combination of tourist entries combined with digital nomad visas. You won't have the convenience of a DNI, but you could string that combination out for a year or two, rent AirBnB-style accomodation when here, while you test the strength of the relationship, investigate local employment options, and, later on, get tax advice if you start to see your longer term future here rather than in Europe.
 
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There is also a double tax agreement between Germany and Argentina:


So if you are set on getting tax advice so soon, it might make more sense to engage an advisor in Germany who you can speak to in your own language. In fact, this is exactly what you should be doing now. The agreement (which overrides both German and Argentine tax legislation regarding tax residency) will contain provisions that, if you set up certain arrangements in Germany properly now, you will be able to exploit to ensure, for a few years at least, that you avoid tax residence in Argentina altogether.
 
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The agreement (which overrides both German and Argentine tax legislation regarding tax residency) will contain provisions that, if you set up certain arrangements in Germany properly now, you will be able to exploit to ensure, for a few years at least, that you avoid tax residence in Argentina altogether.

If avoiding Argentine tax residency is what you want to do. The more you get into this voyage of discovery, you may find, on the other hand, that it would be better to become a tax resident in Argentina and use the tax agreement to lose your tax residence in Germany.

This all goes to the overall point: it is premature to be jumping into tax advice now. Take your time. Come for 12 months, using the tourist and digital nomad options (making sure to spend at least 90 days in 365 outside Argentina). Research the tax residency rules in both countries, see how you might use the double tax agreement to best effect, and, above all, wait and see what happens in Argentina when the new government implements (or tries to implement) its tax reform. If, after 12 months, your relationship is going well, the future is looking bright, and you want to live here in the mid to long term, think then about getting professional tax advice and deciding in which country you would prefer to pay tax and how you would exploit the tax agreement between the two countries to deliver the result you want.
 
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