Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-sh8wx Total loading time: 0 Render date: 2024-07-23T09:27:30.236Z Has data issue: false hasContentIssue false

Argentina - Measures Relating to Trade in Goods and Services (WT/DS453): Report of the Appellate Body

Published online by Cambridge University Press:  24 July 2020

Corporate Author
Get access

Summary

INTRODUCTION

Panama and Argentina each appeals certain issues of law and legal interpretations developed in the Panel Report, Argentina – Measures Relating to Trade in Goods and Services (Panel Report). The Panel was established on 25 June 2013 to consider a complaint by Panama with respect to certain financial, taxation, foreign exchange, and registration measures adopted by Argentina, each distinguishing between “countries cooperating for tax transparency purposes” (cooperative countries) and “countries not cooperating for tax transparency purposes” (non-cooperative countries) in accordance with Decree No. 589/2013 of Argentina's Federal Administration of Public Revenue (AFIP). In particular, Panama challenged the following eight measures:

Measure 1: An irrebuttable presumption that payments made by Argentine consumers to creditors located in non-cooperative countries in certain transactions represent a net gain of 100% for the purpose of determining the tax base for gains tax, applied pursuant to Article 93(c) of the Gains Tax Law (withholding tax on payments of interest or remuneration);

Measure 2: A rebuttable presumption of unjustified increase in wealth applicable to any entry of funds – for the benefit of Argentine taxpayers – from non-cooperative countries in the context of an ex officio determination of the taxable subject matter by the AFIP for the purpose of gains tax, applied pursuant to the unnumbered provision added after Article 18 of the Law on Tax Procedure (presumption of unjustified increase in wealth);

Measure 3: The obligation to apply valuation methods based on transfer pricing to transactions between Argentine taxpayers and persons of noncooperative countries for the purpose of determining the tax base for gains tax, applied pursuant to Article 8, fifth paragraph, and Article 15, second paragraph, of the Gains Tax Law (transaction valuation based on transfer pricing);

Measure 4: The allocation of expenditure for transactions between Argentine taxpayers and persons of non-cooperative countries to the fiscal years in which payment for the transactions actually takes place for the purpose of determining the tax base for gains tax, applied pursuant to the last paragraph of Article 18 of the Gains Tax Law (rule on the allocation of expenditure);

Measure 5: Certain requirements that service suppliers of noncooperative countries must meet in order to gain access to Argentina's reinsurance services market, applied pursuant to SSN Resolution No. 35.615/2011, as amended by Article 4 of SSN Resolution No. 35.794/2011 and SSN Resolution No. 38.284/2014 (requirements relating to reinsurance services);

Type
Chapter
Information
Dispute Settlement Reports 2016
Volume II: Pages 429-1128
, pp. 431 - 598
Publisher: Cambridge University Press
Print publication year: 2017

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×