On 30 September 2026, ARCA released Interpretative Circular 12/2026 detailing the methodology for calculating “significant discrepancy” (discrepancia significativa) under the dual-track Fiscal Innocence regime introduced by the 2026 Tax Reform (Law 27.743). The circular distinguishes between Fiscal Innocence I (automatic regularization for minor omissions) and Fiscal Innocence II (discretionary relief for larger discrepancies subject to enhanced scrutiny). The guidance applies to voluntary disclosures filed from 1 January 2026 through 31 December 2027.
Key Takeaways
- Quantitative Thresholds: A discrepancy exceeds the Fiscal Innocence I limit when undeclared taxable bases surpass 15% of the taxpayer’s average declared gross income over the prior three fiscal years, or ARS 50 million (whichever is lower). Above this threshold, the case migrates to Fiscal Innocence II.
- Qualitative Factors: Even below the quantitative ceiling, Fiscal Innocence I is denied if the omission involves: (a) simulated transactions, (b) use of offshore structures without economic substance, (c) repeated patterns across multiple tax periods, or (d) involvement of professional enablers previously sanctioned by ARCA.
- Documentation Requirements: Fiscal Innocence II applicants must submit a forensic accounting report certified by a public accountant registered with the Professional Council of Economic Sciences, detailing the origin of funds and economic rationale of omitted operations.
Disclaimer: This article is compiled and summarized by the AI based on publicly available information and is for general information purposes only. It does not constitute any form of formal tax advice, legal opinion, or basis for performance. Please consult a qualified professional tax advisor or legal counsel for tax advice.
Source: Read Official Announcement