国别投资指南-阿根廷(英文)-25页
Taxation and Investment in Argentina 2016 Reach, relevance and reliability 1 Argentina Taxation and Investment 2016 1.0 Investment climate 1.1 Business environment Argentina has a presidential system, checked by a bicameral congress. The federal government consists of an executive branch (president); the legislative branch (congress), which consists of the house of representatives and the senate; and the judicial branch. Provincial-level governments are similarly organized. Argentina is a member of the Mercosur (Southern Common Market) trade agreement, along with Brazil, Paraguay, Uruguay and Venezuela (with Bolivia, Chile, Colombia, Ecuador and Peru as associate members that do not enjoy full voting rights or full access to the markets of the full members). The agreement, which sets out the basis for a common market among the member states, aims to promote the free movement of goods, services and people by eliminating obstacles to regional trade. The trade of goods originating in, and proceeding from, Mercosur countries is not subject to import duties and a common external tariff has been established for most tariff classification items. The preferential import tariffs within Mercosur countries have helped to boost trade between the two major partners, Argentina and Brazil. Most of Argentinas exports are to Mercosur countries, followed by the EU, the US and Asia. Argentinas main imports are industrial inputs, capital goods, components and food. Argentina also is a member of the Latin American Integration Association (LAIA, or ALADI in Spanish), which includes all countries in South America, as well as Mexico. LAIA aims to create a common market for the member countries through progressive tariff reductions, and to encourage free trade. The country is richly endowed with natural resources. The most important industries are those related to agribusiness, food and beverages, chemicals, petrochemicals and motor vehicles. The government has created incentive regimes to develop other areas, such as software, biotechnology, biofuel production and mining. Price controls The government controls prices in some sectors, such as urban transport; local telephone services; electricity, water and gas distribution at the retail level; and tolls on highways and rivers. Intellectual property The Transfer of Technology Law 22,426 governs agreements relating to the transfer, assignment or licensing of technology or trademarks. The law defines technology to include patents, industrial models and designs and any technical knowledge applicable to manufacturing a product or rendering a service. Law 25,859, which covers patents, also protects a patent holder by preventing third parties from using the holders patented procedure. The law validates international research and technical examinations made by certain international patent offices. Patents are granted for 20 years from the date of publication. The owner of a patent has the right to prevent third parties from using, offering or selling the patent without his/her consent. The registry of trademarks at the National Trademark Registry Agency establishes the right to the exclusive use or exploitation of a trademark for 10 years, which may be renewed indefinitely for additional 10-year periods. Article 17 of the Constitution protects intellectual property. Law 11,723 on Intellectual Property provides copyright protection. Infringement of industrial property rights is a criminal offense. A foreign licensor or its local licensee may institute legal procedures. 1.2 Currency The currency in Argentina is the Argentine Peso (ARS). 2 Argentina Taxation and Investment 2016 1.3 Banking and financing Banks increasingly are funding their operations through deposit-taking, rather than through other financing options. Most deposits are short-term (the minimum term generally is 30 days). Argentinas financial center is the capital, Buenos Aires. 1.4 Foreign investment Foreign companies may invest in Argentina on an equal footing with domestic firms without prior government approval. Foreign investors have the same rights and obligations as domestic investors and may enter any area of economic activity without a local partner. Approval or special procedures generally are not required. However, if the investment of a foreign company consists of an equity holding in an Argentine company, the foreign company must be registered with the Superintendency of Corporations in the jurisdiction in which the Argentine company is located. The government also has adopted a tougher stance toward some new foreign companies, for example, by requiring that such firms provide information to the government about their shareholders. Investments may be made in the form of capital assets, intangible assets, foreign currency, profits from other investments and any other form accepted by the Argentine authorities. 1.5 Tax incentives Tax incentives are available for certain activities, such as mining, f