Argentina signs new tax treaties with Luxembourg and Japan

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Argentina signs new tax treaties with Luxembourg and Japan

Sponsored by

sponsored-firms-pwc.png
Treaty

Ignacio Rodríguez and Juan Manuel Magadan examine the two double tax treaties Argentina has signed with Luxembourg and Japan, both relating to income tax.

During the first semester of 2019, the Argentinian government signed two income tax treaties with Luxembourg and Japan, which are the first ones of this nature entered into with both jurisdictions.

This shows how Argentina keeps actively negotiating double tax treaties to expand its current treaty network.

New treaty developments should be monitored by multinational groups. How the Multilateral Instrument (MLI), would affect existing bilateral treaties once implemented should also be watched.

Below the main features of each of these new agreements are detailed.

Double tax treaty between Argentina and Luxembourg

On April 13 2019, the Luxembourg and Argentine governments signed a new double tax treaty (DTT), together with an accompanying protocol. This new DTT still needs to go through the ratification process.

This DTT is mostly in line with the OECD post-BEPS 2017 Model Convention, and notably includes the Principal Purpose Test as a general anti-abuse provision.

The treaty introduces relief on withholding tax at source on payments of interest, royalties and technical assistance services, and dividends, among others.

As regards capital gains taxation, the treaty may provide full relief in Argentina in case of an indirect transfer of Argentine shares (except in the event of a land-rich entity).

With respect to the elimination of double taxation, Argentina adopted the credit mechanism, while in Luxembourg the exemption with progression method is applicable.

Double tax treaty between Argentina and Japan

On June 27 2019, in the City of Osaka, the authorities of Argentina and Japan signed the first DTT between these two countries.

In order for it to be enforceable, internal approvals and a subsequent exchange of ratification documents are still needed.

Like the treaty with Luxembourg, the DTT with Japan generally follows the OECD model (post BEPS) and adopts the Principal Purpose Test as a general anti-abuse provision.

Similar to other OECD model-based treaties, this one includes relief on dividend withholding as well as on interest and royalty payments.

Notably, the royalty definition included in the treaty specifically excludes payments for the provision of technical assistance (which would in principle be covered by the provisions of the business profits article).

This may have a significant impact on existing treaties signed by Argentina with OECD countries, as the treatment granted to technical assistance payments under the DTT with Japan (once in force), will automatically apply to those  treaties where the most favourable national clause covered the provision of technical assistance.

Multinational companies should evaluate the potential impact of the provision of these new treaties once in effect. It is of particular importance to pay attention to the expected ramifications of the entry into force of the DTT with Japan in comparison with other DTTs signed by Argentina, as the relief on withholding tax on technical assistance payments can be reduced from 10% or 15% (in most DTTs) to 0% due to the application of the most favourable nation clause .

more across site & shared bottom lb ros

More from across our site

New hires from rivals are reportedly being axed from the firm, following a steep decline in profits
Following Richard Houston’s switch to the newly formed Deloitte EMEA, Graves has the opportunity to bring Deloitte’s tax practice up to speed with its rivals
Firms announced tax hires and promotions across Europe and the US, while fresh figures from Ireland showed corporation tax receipts edging down in the first quarter
The country has overseen better audit procedures and demonstrated commitment to acting as a 'regional leader' on international tax matters, the OECD said
Barrister Setu Kamal and policy guru Dan Neidle have clashed over the former’s legal action against Google, described as ‘bonkers’ by Neidle
Authors from Khaitan & Co evaluate the recent CBDT notification, whereby legacy investments made by investors continue to be exempt from the applicability of GAAR
Dual-qualified corporate tax specialist Christoph Schimmer joins the firm after stints at Deloitte, Cerha Hempel and DLA Piper
Geopolitical rivalry is reshaping global tax cooperation, as the OECD’s minimum tax framework fragments and the EU grapples with the ensuing legal fallout
LED Taxand’s partner tells ITR about entrepreneurial inspirations, the importance of people skills, and what makes tax cool
Shiny new offices like Ryan’s in London Bridge aren’t just a cost – they signal that a firm is willing to align with its clients’ interests
Gift this article