ARCA – New Regime for International Transactions and Transfer Pricing

On September 30, 2026, General Resolution (ARCA) 5903/2026 was published in the Official Gazette, replacing and unifying the rules governing international transactions, transfer pricing and the Simplified Regime for International Transactions.

The new resolution supersedes General Resolutions 4717 and 5010 and their amendments, updates the thresholds for information reporting obligations, and introduces new guidelines for the analysis and documentation of covered transactions.

The main changes include:

New thresholds for reporting obligations
The amounts above which Form 2668 must be filed have been increased. For imports and exports of goods between independent parties, the threshold rises to ARS 7,500 million per year. For transactions subject to transfer pricing rules, the obligation arises when transactions exceed ARS 1,500 million in aggregate or ARS 300 million individually.

In turn, the Transfer Pricing Study must be filed when covered transactions exceed ARS 3,000 million in aggregate or ARS 600 million individually.

The thresholds set out in the resolution will be adjusted annually by the Consumer Price Index (CPI). The first adjustment will apply to fiscal years beginning on or after January 1, 2028, based on the year-on-year variation between October 2026 and October 2027.

New guidelines for transfer pricing analysis
The resolution introduces and develops various criteria for evaluating covered transactions.

Among them, in certain cases the foreign entity may be selected as the tested party when its assets, risks and functions are less complex. Subject to the conditions set out in the regulation, this option applies to services received, certain transactions involving intermediaries, and imports below 2% of total operating costs or exports below 2% of sales.

The resolution also provides greater detail on the selection of comparables, the treatment of loss-making companies, data segmentation, and the justification of changes in the criteria applied across fiscal years.

Intragroup services and low value-adding services
Specific guidelines are introduced for analyzing services between related parties. Among other aspects, it must be considered whether the service is necessary for the business and whether it provides, or is expected to provide, a benefit or economic value to the entity paying for it.

A simplified approach is introduced for low value-adding services. Provided the requirements set out in the regulation are met, the arm’s length principle will be deemed satisfied when the markup on costs and expenses related to the transaction is at least 5% if the service provider is local, or up to 5% if the provider is a foreign related party, without the need for a comparability analysis.

Intragroup financing
RG 5903 introduces specific rules for financial transactions between related parties.

The analysis must consider, among other aspects, the lender’s economic and financial capacity to provide the financing and assume its risks, as well as the borrower’s ability to repay principal and interest under the agreed terms.

The resolution also expressly addresses the effect of implicit support arising from group membership, its impact on credit ratings, and the circumstances in which the group’s credit rating may be used as a reference for pricing the transaction.

In addition, guidelines are introduced for cash pooling arrangements, and it is established that the arm’s length deductibility of financial charges also covers inflation adjustments and foreign exchange differences.

Intangibles and business restructurings
The new regulation provides greater detail on transactions involving intangible assets. In particular, it establishes that legal ownership of an intangible does not, by itself, determine the allocation of returns from its exploitation; the functions performed, assets used and risks assumed by the parties must be analyzed.

It also introduces rules for hard-to-value intangibles and for marketing, advertising, and research and development expenses that may represent a contribution to the intangible’s value chain.

Furthermore, cross-border restructurings involving a change in or transfer of functions, assets or risks are specifically regulated. In such cases, it must be analyzed whether, under comparable circumstances, independent parties would have agreed to compensation or indemnification.

International intermediaries
The resolution introduces new guidelines for assessing the involvement of foreign intermediaries. Their substance must be demonstrated, and it must be analyzed whether the remuneration obtained is consistent with the functions performed, assets used and risks actually assumed.

The amount below which certain accounting information of the intermediary need not be retained is also increased to ARS 15,000 million.

Master File and Simplified Regime
The thresholds for the Master File are also increased. Among other requirements, the group’s consolidated annual revenue must exceed ARS 500,000 million, and transactions with foreign related parties must exceed ARS 3,000 million in aggregate or ARS 600 million individually.

The Simplified Regime for International Transactions is maintained, with changes to its parameters and requirements. Taxpayers eligible to use it file Form 2672 and are, in principle, exempt from filing Form 2668 and the Transfer Pricing Study, without prejudice to ARCA’s power to request the latter in the cases provided for in the resolution.

New filing deadlines
The Transfer Pricing Study and Form 2668 (or Form 2672, as applicable) must be filed during the seventh month following fiscal year-end, between the 2nd and 6th day depending on the last digit of the taxpayer’s CUIT (tax ID number).

Effective date
RG 5903/2026 entered into force on September 30, 2026, and applies to fiscal years beginning on or after October 1, 2026.

The previous resolutions will continue to apply to fiscal years beginning before that date.