transering $ abroad from apt sale

[earlyretirement]

Wow, so much new stuff to think about.



Does that mean that since I am a "permanent" resident then they will not ask me how I brought the funds into the country?

And if they do ask, what if I have records of bank transfers to each friend and get copies of their passports - would it be enough?



Is that 20% of the estimated value at the time of sale or at the time when you were out of the country?



Are you saying that they are not bothering with investigating the things that happened before the laws were changed and since I bought in 2005 I would probably not be investigated?

Also, I was under the impression that because I am a resident and because my apt will sell for way less than 600,000 I wouldn't need to get permission from AFIP at all. Even on their website it says that you don't need a COTI if the value is less than that.

If I understood it correctly here: http://www.afip.gov.ar/inmuebles/

This is the relevant text:

El “Código de oferta de transferencia de inmuebles” (COTI) deberá ser tramitado con carácter previo a la ocurrencia de alguno de los siguientes actos, el primero que suceda: negociación, oferta o transferencia de un bien inmueble o de derechos sobre bienes inmuebles a construir, cualquiera sea su forma de instrumentación, siempre que algunos de los siguientes valores resulten iguales o superiores a $ 600.000: precio consignado en cualquiera de los actos aludidos, base imponible fijada a los efectos del pago de los impuestos inmobiliarios, tributos similares o valor fiscal vigente.

Heather,

Just keep in mind that no one can tell you exactly what AFIP might or might not do. I'm just speaking from my experiences and experiences of the many friends that have bought and sold real estate in Buenos Aires as non-residents.

If you are a permanent resident and have your DNI then you won't have to get a permit from AFIP to sell. That's one of the biggest advantages to having your DNI and permanent residency. You will NOT have to go through the permit process unless the government enacts new laws, which I doubt they will for people with permanent residency.

So much of the rest of your questions are kind of a moot point. The real scrutiny is on foreign non-residents that must apply for a permit to sell. In your case, you won't have to go through that process.

As to the guy that listed specific percentages. I don't think anyone can give blanket statements of what % AFIP will charge. Like I mentioned before, there are about 27 AFIP offices around Buenos Aires and most of the employees in them are fairly clueless or do whatever they want. You can ask 5 different AFIP offices something and get back 5 different answers. My friend that just got the permit (was initially denied because they said he didn't pay all the rental taxes due even though he did) was told he had to pay rental taxes on 2 months. They didn't really even have any true formula how they came up with the 2,500 pesos extra he had to pay. He paid it to get the permit quickly. Such is life in Argentina.

 

[solerboy]

Also, I was under the impression that because I am a resident and because my apt will sell for way less than 600,000 I wouldn't need to get permission from AFIP at all. Even on their website it says that you don't need a COTI if the value is less than that.

.

There seems to be a great amount of mis understanding about the what exactly a COTI is and its intended purpose.

A COTI is required by all persons marketing a property over the value of ar$600,000 (until 2011 this was 300,000). The COTI was introduced to prevent sellers from undervaluing their property in the final escritura to avoid taxes. Typically an estate agent would apply for the COTI, if you are marketing the property for yourself you will need to do it yourself. Anyone with a Cave Fiscal can do it in 5 minutes. It is simply a delaration that you intend to sell a property at a particular price.

If you are a non resident, and therefore without a Clave fiscal or estate agent you will need to get your representative in Argentina to do it for you. Anyone with a clave fiscal can get one online in minutes.

This is being confused with a Certificado de Retenciones para Residentes en el exterior. (Certificate of retentions (tax payments) for non residents). This is required by all non permenant residents and is given by AFIP when you have demonstrated that all taxes have been paid.

Those taxes will be Income taxes (ganancias 21%)
Asset Taxes (Bienes Personales)
ABL

You will pay interest and fines for late payment.

When you finally get the certificate you will also pay a transfer tax of 1.5% which will be deducted from the proceeds by the escribano.

I have recenty been through this process but the caluculations were done by my accountant and accepted by AFIP.

 

[Bill.Cochabamba]

I am trying to sell my apartment can anyone share the AFIB experience with me? expatinowncountry could you provide some advice?