Argentina

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Overall Phase 2 Rating is Largely Compliant

Table of Determinations and Ratings of the Combined Review

Jurisdictions should ensure that ownership and identity information for all relevant entities and arrangements is available to their competent authorities. (ToR A.1)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
Jurisdictions should ensure that reliable accounting records are kept for all relevant entities and arrangements. (ToR A.2)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
Banking information should be available for all account-holders. (ToR A.3)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
Competent authorities should have the power to obtain and provide information that is the subject of a request under an exchange of information arrangement from any person within their territorial jurisdiction who is in possession or control of such information (irrespective of any legal obligation on such person to maintain the secrecy of the information). (ToR B.1)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
The rights and safeguards (e.g. notification, appeal rights) that apply to persons in the requested jurisdiction should be compatible with effective exchange of information. (ToR B.2)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
Exchange of information mechanisms should provide for effective exchange of information. (ToR C.1)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
The jurisdictions' network of information exchange mechanisms should cover all relevant partners. (ToR C.2)
Determination Factors Recommendations
The element is in place, but certain aspects of the legal implementation of the element need improvement.   Argentina will have no EOI instrument with Chile, one of its main EOI partners from January 2013.  Argentina should sign an EOI instrument with Chile as soon as possible. 
  Argentina should continue to develop its EOI network with all relevant partners. 
Phase 2 Rating Factors Recommendations
Largely Compliant.     
The jurisdictions' mechanisms for exchange of information should have adequate provisions to ensure the confidentiality of information received. (ToR C.3)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
The exchange of information mechanisms should respect the rights and safeguards of taxpayers and third parties. (ToR C.4)
Determination Factors Recommendations
The element is in place.      
Phase 2 Rating Factors Recommendations
Compliant.     
The jurisdiction should provide information under its network of agreements in a timely manner. (ToR C.5)
Determination Factors Recommendations
The assessment team is not in a position to evaluate whether this element is in place, as it involves issues of practice that are dealt with in the Phase 2 review.      
Phase 2 Rating Factors Recommendations
Partially Compliant.  Although some progress is noticed for the last year under review, Argentina’s competent authority has in many instances been unable to answer incoming requests in a timely manner. Argentina’s domestic procedures for handling EOI requests, in particular the long internal timelines allocated for responding to requests until May 2012, appears to have inhibited expedient responses to EOI requests. The new deadline of 60 days for regional tax offices to answer requests from the AFIP EOI Division has not been implemented yet.   Argentina should ensure that the new internal deadlines are respected to enable it to respond to EOI requests in a timely manner, and consider further what measures could be taken to shorten the response time. 
Argentina did not always provide an update or status report to its EOI partners within 90 days in the event that it was unable to provide a substantive response within that time.  Argentina should ensure that the new system put in place to provide updates to EOI partners after 90 days in those cases where it is not possible to provide a complete response within that timeframe operates effectively. 
The structure of the competent authority and management of EOI requests has drastically changed since 2010, and specific responsibilities and working procedures have been introduced.  Argentina should monitor the implementation of the General Instruction on the processing and management of EOI requests, and of the internal processes of the EOI Division as practice develops, and improve them as necessary. 

Earlier self-assessment based annual reports entitled Tax Co-operation 2010: Towards a Level Playing Field are also available.