Where to start learning about taxes/Pensionado visa?

[whattodo]

If you only spend one day in the country, or even any number between 1 and 90, you lose your tax residency. See my first post.

Just read your post, do you possibly have a link to the law re losing residency after being out of the country for 90 days? I couldn't find reference to it on a quick search for '90' in the Ley de Ganancias. I did find an AFIP webpage which makes reference to one being a tax resident if simply a PR holder, but then later makes reference to 180 days... so, again, I'm left pretty confused!

Grok and ChatGPT (I know) seem to both think any PR holder is taxed unless they lose tax residency by spending 12 months abroad - which is no use - or obtaining PR in another country. That alone wouldn't constitute 'baja/perdida de residencia fiscal' as I understand it, but instead you'd have to demonstrate ties to the other country, and that those ties are stronger than your ties to Argentina.

Appreciate again your time, thanks!

 

[Alby]

Just read your post, do you possibly have a link to the law re losing residency after being out of the country for 90 days? I couldn't find reference to it on a quick search for '90' in the Ley de Ganancias. I did find an AFIP webpage which makes reference to one being a tax resident if simply a PR holder, but then later makes reference to 180 days... so, again, I'm left pretty confused!

Grok and ChatGPT (I know) seem to both think any PR holder is taxed unless they lose tax residency by spending 12 months abroad - which is no use - or obtaining PR in another country. That alone wouldn't constitute 'baja/perdida de residencia fiscal' as I understand it, but instead you'd have to demonstrate ties to the other country, and that those ties are stronger than your ties to Argentina.

Appreciate again your time, thanks!

You're from the UK, I think. Argentina has a tax agreement with the UK. So before you do anything to register with ACRA, you will need tax accounting advice--in both countries--about how that would operate in your particular circumstances and which taxes you would pay to which government. Getting married and getting the permanent residency may soon seem to you like the easy part of the overall project, so take a breath.There is huge complexity here, and you're not going to be able to solve it tonight, or on your own without professional guidance.

 

[Alby]

Just read your post, do you possibly have a link to the law re losing residency after being out of the country for 90 days?

Here it is:

Pérdida de la condición de resident

Art. 120 - Las personas de existencia visible que revistan la condición de residentes en el país, la perderán cuando adquieran la condición de residentes permanentes en un Estado
extranjero, según las disposiciones que rijan en el mismo en materia de migraciones o
cuando, no habiéndose producido esa adquisición con anterioridad, permanezcan en forma
continuada en el exterior durante un período de doce (12) meses, caso en el que las
presencias temporales en el país que se ajusten a los plazos y condiciones que al respecto
establezca la reglamentación no interrumpirán la continuidad de la permanencia.

It's like the other article: ambiguous. But again I asked my guy about it and he explained that it means (Chat will no doubt find the item in the ACRA regulations) that if having become a tax resident, you spend less than 90 days in a 365-day stretch inside Argentina, you can apply to ACRA to be removed from the list of taxpayers at the end of that 365-day stretch.

But it doesnt really help, because there is another article which says you regain tax residency as soon as you set foot back here for a total of 90 days in a 365-stretch. (And, incidently, because the algorithm knows I'm interested in all this stuff, it recently sent me a recent court finding that held precisely that in a dispute between ACRA and a taxpayer.)

Anyway, as I say, if you're soon to obtain PR, you are soon to be a tax resident of both the UK and Argentina, which overrides the tax laws of both countres and all manner of complex issues and decisions are going to arise for you. Time to get advice. I'd start with a UK international tax adviser.

 

[Alby]

The key point is this: just as Argentine tax law defines the rules for when an individual becomes a tax resident, loses tax residency (and then regains it having lost it), so too does UK law. And both these sets of rules operate independently of each other: you don't automatically lose tax residency in one jurisdiction by virtue of having gained it in the other. So, the first step is to discover at what point you gain Argentine tax residency, which will be the date you obtain PR. Now you also need to discover what UK tax law says about losing UK tax residency. Once you've done that discovery, you may well find that, for a time at least, you are still going to be a UK tax resident even as you are simultaneously an Argentine tax resident. And while that situation continues (or starts again in the future, having earlier ceased for a time), it is the tax treaty's provisions (not the respective taxation laws) that determine where you pay your tax and the rate at which you pay tax. That's why playing by the book means playing by the book not just in Argentina, but also in the UK. You need to know your obligations in both countries in the new taxation situation you have put yourself in by obtaining PR in Argentina. So, you'd best start with getting advice from the UK, given that you currently know all you need to know, for now at least, about your looming situation in Argentina.

Here is the UK-Argentina tax agreement: https://assets.publishing.service.gov.uk/media/5a7f803a40f0b6230268fdf5/argentina-dtc_-_in_force.pdf

Do not try to read one of these on your own. They contain a lot of words and concepts whose meaning is different to ordinary usage and can only be understood by reference to the overarching OECD taxation policy documents. I tried for years to understand the one that applies in my case, only to find that when I finally paid for advice, I had misinterpreted important parts.

(Be aware also that by talking to an international tax adviser, you may discover strategies now or in the future to take advantage of the UK-Argentina tax treaty to lower your overall tax liability.)

 

[whattodo]

The key point is this: just as Argentine tax law defines the rules for when an individual becomes a tax resident, loses tax residency (and then regains it having lost it), so too does UK law. And both these sets of rules operate independently of each other: you don't automatically lose tax residency in one jurisdiction by virtue of having gained it in the other. So, the first step is to discover at what point you gain Argentine tax residency, which will be the date you obtain PR. Now you also need to discover what UK tax law says about losing UK tax residency. Once you've done that discovery, you may well find that, for a time at least, you are still going to be a UK tax resident even as you are simultaneously an Argentine tax resident. And while that situation continues (or starts again in the future, having earlier ceased for a time), it is the tax treaty's provisions (not the respective taxation laws) that determine where you pay your tax and the rate at which you pay tax. That's why playing by the book means playing by the book not just in Argentina, but also in the UK. You need to know your obligations in both countries in the new taxation situation you have put yourself in by obtaining PR in Argentina. So, you'd best start with getting advice from the UK, given that you currently know all you need to know, for now at least, about your looming situation in Argentina.

Here is the UK-Argentina tax agreement: https://assets.publishing.service.gov.uk/media/5a7f803a40f0b6230268fdf5/argentina-dtc_-_in_force.pdf

Do not try to read one of these on your own. They contain a lot of words and concepts whose meaning is different to ordinary usage and can only be understood by reference to the overarching OECD taxation policy documents. I tried for years to understand the one that applies in my case, only to find that when I finally paid for advice, I had misinterpreted important parts.

(Be aware also that by talking to an international tax adviser, you may discover strategies now or in the future to take advantage of the UK-Argentina tax treaty to lower your overall tax liability.)

Sorry, wasn't online over the weekend - but I am very grateful for the responses and information!

Yes, after some digging over the weekend I too found out just that. Tax residency can be lost if you stay out of the country for twelve months (although you can visit for up to a cumulative 90 days in that period) but you regain it pretty much as soon as you return. But at least one could take advantage of it to realise, say, capital gains tax-free without losing Argentine residency.

No tax obligations anywhere other than Argentina at the moment, or in the near future. Thanks again for your time!