Argentina terminates tax treaty with Chile and Spain

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 terminates tax treaty with Chile and Spain

argentina-chile2.jpg

The Argentine government has terminated its tax treaties with Chile and Spain. These treaty terminations are significant and may impact existing cross-border structures and/or planning by multinationals with operations or investments in Argentina involving Chile or Spain.

edelstein.jpg

rodriguez.jpg

Andrés Edelstein


Ignacio Rodríguez

The unilateral decision to terminate the treaties with Chile and Spain was recommended by an ad-hoc commission created in 2011 by the Argentine tax authorities to review Argentina's double tax treaties for potential tax abuse. The Argentine government formally notified the Chilean and Spanish authorities of the treaty terminations on June 29 2012. Both notifications have been published in Argentina's official gazette.

Some of the key issues following each treaty termination are summarised below.

Argentina-Chile treaty

The treaty with Chile was signed in 1976 and entered into force in 1985. Its provisions did not follow the OECD Model Tax Treaty, but rather granted taxation rights on a source basis, with a full exemption mechanism in the other (non-source) contracting state.

Consequences of the termination

The treaty's revocation may significantly impact multinationals that relied on certain favourable provisions for structuring their business in Latin America, particularly for the taxation of dividends and capital gains (which were only subject to tax in the source country). Additionally, payments of technical assistance and/or advisory services rendered outside of Argentina would remain subject to domestic withholding rates up to 31.5% from an Argentine perspective.

Based on its article 26, the treaty may be terminated from January 1 to June 30 of any calendar year by written notice. By following this procedure the treaty is no longer effective for companies with respect to earnings, income, profits, or capital relating to the tax or accounting periods commencing after the date on which such notification was given.

Note that a 2003 protocol to the Argentina-Chile tax treaty provided a full exemption from the Argentine Wealth Tax, which is an indirect tax imposed on Argentine company shareholders and annually assessed at 0.5%of the Argentine company's net book value. As a result of the treaty termination, wealth tax relief is no longer available with Chile.

Argentina-Spain treaty

The treaty with Spain generally followed the OECD model, with some modifications, and, for example, partially limited taxation rights at the source on royalty, dividend and interest payments, as well as capital gains.

Consequences of the termination

As a result of the treaty's termination, Argentine income tax withholding on royalty and technical assistance payments to Spanish residents may now be subject to rates as high as 31.5%. Furthermore, withholding tax on cross-border interest payments may be as high as 35% (versus the treaty's significantly lower rates).

Additionally, the treaty's non-discrimination provisions allowed taxpayers to mitigate certain restrictions established by Argentine Income Tax Law that limit deductions for trademark and patent royalty charges when paid abroad. This feature was significant. Similar to the tax treaty with Chile, the Argentina-Spain treaty provided full relief from the Argentine wealth tax. As a result of this termination, wealth tax relief is no longer available.

In accordance with the treaty's termination clause, the treaty should be considered terminated effective January 1 2013.

Notwithstanding Argentina's unilateral decision to terminate the treaties' application, it remains to be seen whether the authorities of both contracting states will seek to negotiate a respective new treaty wording.

Andrés Edelstein (andres.m.edelstein@ar.pwc.com) and Ignacio Rodríguez (ignacio.e.x.rodriguez@us.pwc.com)

PwC

Tel: +54 11 4850 4651

Website: www.pwc.com/ar

more across site & shared bottom lb ros

More from across our site

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
Darren Graves will succeed Richard Houston, who is set to lead Deloitte EMEA; in other news, Morgan Lewis hired a three-partner tax team in New York
India also signed its first-ever bilateral APAs with France, Ireland, Indonesia and Sweden last year, the CBDT revealed
Chile’s revamped GAAR marks a shift toward structural scrutiny, pushing MNEs to strengthen tax governance, economic substance and compliance strategies
New reforms represent the most seismic shift in Canadian TP legislation since its enactment and a clear inflection point for MNEs, ITR has heard
Spain did not transpose EU VAT rules for SMEs or works of art; in other news, an increased VAT threshold came into force in South Africa
While the IBS incorporates taxable events previously covered by state and municipal taxes, its governance and operational logic represent a significant departure from the legacy model
The new office on the fourth floor of 4 More London will span 14,230 square feet, with the potential to expand to the first and second floors
MNEs now face a shift from modelling to execution as the side‑by‑side deal forces tax teams to upgrade systems, harmonise data, and prevent costly pillar two mismatches
As recent surveys suggest a disconnect between AI adoption and employee engagement, the big four risk digging themselves into a strategic hole
Gift this article