Issuance of Public Debt Securities ER 2025 Series I and II by the Province of Entre Ríos for a total nominal value of ARS 75,110,000,000
Legal advisors to the transaction, assisting the Province of Entre Ríos (the “Province”) and Nuevo Banco de Entre Ríos S.A., in its capacity as organizer and lead placement agent in the issuance of the ER 2025 Series I and Series II Public Debt Securities (the “Debt Securities”). The Debt Securities were issued on July 17, 2024, and are secured by resources from the Federal Tax Sharing Regime, assigned to a maximum allocation percentage of 25%. The Debt Securities Series I were issued for a nominal value of ARS 32,465,000,000, at a fixed annual interest rate of 35.75%, maturing on July 17, 2026; whereas the Debt Securities Series II were issued for a nominal value of ARS 42,645,000,000, at a variable interest rate equivalent to the TAMAR rate plus a 5.50% margin, maturing on January 17, 2027.
Province of Chaco ’s Serie Bonds Issuance for AR$ 52,000,000,000 (approximately US$ 40.784.313,7)
Legal counsel to Puente Hnos. S.A. and Nuevo Chaco Bursátil S.A., as co-arrangers and co-placement agents, and Banco de la Nacion Argentina, Global Valores S.A., and Banco de Servicios y Transacciones, as sub-placement agents, in the issuance of Province of Chaco’s Serie 1 Bonds (the “Serie 1 Bonds”), under the Province of Chaco’s Treasury Bonds Issuance Program for up to US$ 90,000,000. The payments due under the Serie 1 Bonds are secured by a collateral assignment over rights of the Province of Chaco arising from the Federal Tax Regime (Regimen de Coparticipación Federal). The Serie 1 Bonds were issued in an aggregate principal amount of AR$ 52,000,000,000 equivalents to approximately US$ 40.784.313,7. Principal under the Serie 1 Bonds is adjusted by the Wholesale Interest Rate (TAMAR) applied to fixed-term deposits denominated in Argentine pesos plus a 5.5% interest rate. The Serie 1 Bonds are due on July 14, 2026, and are repaid. The proceeds of the Serie 1 Bonds will be used exclusively to repay the debt service obligations maturing in August and September 2025, corresponding to loans obtained in 2019 and 2021 from the Financial Fund for the Development of the Rio de la Plata (FONPLATA) and the international bond issued in 2016 and restructured in 2021. Any remaining balance will be allocated to cover subsequent maturities.
Reforms in the Electric Power and Natural Gas Sector
On July 7, 2025, the Government of Argentina issued Decrees 450/2025, 451/2025, and 452/2025 ("Decree 450," "Decree 451," and "Decree 452"), pursuant to the powers delegated to the Executive Branch by Section 162 of the Foundations Law 27.742 (the "Foundations Law", see our commentary here).
- Decree 450 amends Laws 15,336 and 24.065 -key laws comprising the electric sector’s regulatory framework-. It also sets a 24-month transition period for revising regulations and issuing supplementary rules.
- Decree 451 enacts a revised text of Law 24,076 on Natural Gas (see our commentary here and here).
- Decree 452 establishes the National Regulatory Body for Gas and Electricity (the "Regulatory Body").
A summary of the main aspects of these Decrees is provided below:
1. Transition period
Decree 450 establishes a 24-month transition period to revise applicable regulations and complementary rules in accordance with the objectives of Law 24,065. During this period, the Secretary of Energy ("SE") must adopt regulations to:
- Promote market competition in the hydrocarbon sector, enabling free contracting of fuels by electricity generators and preventing market dominance.
- Ensure effective mechanisms for improving payment collection from electricity distribution utilities.
- Establish remuneration criteria for thermal generation and optimize the procurement of natural gas, LNG, gasoil, and fuel oil.
- Gradually assign energy contracts entered by CAMMESA to distributors and large users of the Wholesale Electricity Market ("WEM").
- Assign fuel contracts entered by CAMMESA.
- Review the “Procedures for Operation Scheduling, Load Dispatch and Price Calculation in the WEM” for potential repeal or replacement.
2. Decree 450
2.1. Amendments to Law 15,336
- Scope expansion: Decree 450 expands the scope of Law 15,336 to include electricity commercialization as a regulated activity.
- Legal nature: Electricity purchase and sale operations are classified as civil and commercial acts, in line with the National Civil and Commercial Code.
- Federal Jurisdiction: Provinces may regulate their local electric systems but must follow federal rules for distribution service providers in the National Interconnection Grid (“NIG”) and the WEM, in line with the objectives established by Law 24,065.
- Local Limitations: Local regulations must not obstruct the federal objective of a unified electricity market or prevent cost transfers in the WEM. Specifically:
- Illegitimate local taxes: Taxes disguised as service fees that are not based on actual services or exceed their cost are restricted.
- Barriers to cost recovery: Local rules cannot:
- Prevent WEM cost pass-through to rates.
- Restrain payment of distributor debts through CAMMESA.
- Undermine the financial sustainability of the electricity market.
- National jurisdiction activities: National concessions remain mandatory for:
- Hydropower facilities exceeding 500 kW.
- Public transport and electricity distribution services.
New rules for hydro concessions include 60-years limits, removal of royalty contributions to the National Electric Energy Fund, end-user choice and free commercialization, and use of private law for water and land rights. Upon expiration of the concession, a public bidding process is mandatory.
- Redefinition of the Federal Electric Energy Council (“FEEC”): The FEEC becomes a technical-advisory body, which is instructed to offer non-binding opinions on national electric system planning, establish the allocation index of the National Electric Energy Fund, and inform the SE about local compliance with Law 24,065 rate principles.Each province and the City of Buenos Aires (“CABA”)will appoint one representative and alternate. Congress may name three representatives for the senators and three deputies.
- Reform of the National Electric Energy Fund (“NEEF”): The NEEF will be composed of a 2% surcharge per kWh on WEM sales, reimbursements with interest from prior loans, and other contributions (e.g., donations).It will be administered by the SE, which will allocate:
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- 19.86% of total revenue to high-voltage transmission works identified by the SE to ensure supply and high quality; and
- 80.14% will be distributed between:
- the Subsidiary Fund for Regional Tariff Compensation (60%) -allocated by the FEEC to provinces adhering to Law 24,065-
- the Special Fund for Electric Development of the Provinces (40%).
Assets from the dissolved Federal Electric Transport Trust Fund will be transferred to the SE for use in these transmission works. Section 31 bis requires that jurisdictions receiving resources from these funds must prove that their distribution service providers comply with Law 24.065 tariff rules and are updated on WEM payments.
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- Reform of the Special Fund for Electric Development of the Interior:
The fund is restructured by eliminating rate surpluses and surcharges imposed by the National Executive in CABA and Greater Buenos Aires and by increasing its share of contributions from the NEEF. The FEEC role in distributing the fund’s revenue is removed and new rules intended to ensure the return of loans are established.
- Powers of the SE: The SE’s role is narrowed to strategic oversight and advisory functions.
- Repealed Provisions: The reform repeals Section 26 and 28 of Law 15,336 -related to the transitional operation of the FEEC-, Sections 45 to 48 -on administrative sanctions, now governed by Law 24,065-, and Law 25,957, which had created the former Federal Electric Transport Trust.
2.2. Amendments to Law 24,065
- Redefinition of Purpose – Updates the general policy objectives of Law 24.065: Law 24.065 is revised to redefine its general objectives, now including:
- Promotion of term PPAs among private parties.
- Rate regulation based on actual supply costs.
- Consumer choice.
- Price quality alignment through economic signals.
- Energy diversification, smart metering, and demand-side tools.
- International electricity trade and regional system integration; and
- System’s financial sustainability.
- New WEM Participants – Adds new roles such as prosumers, marketers, and storage operators: New market actors are introduced into the WEM, including:
- User-generators comprised by the distributed generation regime of Law 27,424; and
- Other participants defined by regulation, including marketers and storage operators.
- Distribution Utility Obligations: Distributors remain responsible for supplying their end-users within their concession area and must now procure at least 75% of their demand from the Corporate PPA market.
- Certificate of Public Convenience and Necessity: The Regulatory Body must ensure public disclosure of these certificate applications and hold a public hearing before deciding whether to grant them or not.
- Prevention of anticompetitive practices: Acts involving anticompetitive conduct, including abuse of dominant position and unfair competition are prohibited. The Regulatory Body must intervene to protect users and refer relevant cases to the National Competition Authority, as required by the Foundations Law. It may also adopt measures to safeguard user rights and ensure compliance.
- Essential transmission works not included in existing concessions: The SE, after consulting with CAMMESA, may authorize transmission works not included in current contracts if they are technically and economically essential to the operation of the Argentine Interconnection System ("SADI", for its Spanish acronym). For these purposes:
- The use of resources from the NEEF is authorized.
- The Regulatory Body may include the cost of the expansion in the relevant tariff structure.
- Contracting must be done through open, competitive, and auditable procedures.
- Private initiative for SADI expansions: The National Executive may authorize generators, distributors, and/or large users to build transmission lines or expansions at their own expense, provided that competition in the WEM is not affected. These facilities will not be considered public transmission services, and the National Executive will regulate modalities, technical requirements, use priority, and authorization conditions. Section 31 bis confirms that private SADI transport works may be carried out at the agent’s own risk. Expansion alternatives will be defined by regulation, including projects under Law 17.520 on Public Works Concessions. In this line, Resolution 715/2025 from the Ministry of Economy prioritizes certain transmission works to be executed under this framework (see our comments on these changes here and here).For each project, the regulation will define:
- Technical and economic impact assessments based on CAMMESA’s report-
- Conditions for COD-
- Dispatch priority rules (limited to investment recovery period) and possible assignment to WEM actors-
- Priority dispatch rules for renewable energy in case of curtailment; and
- Compensation mechanisms corresponding to expansion works.
- Simplification of international electricity trade: The SE may authorize electricity imports and exports using efficient, transparent, and competitive mechanisms. It may also reject operations for technical or economic reasons affecting national supply security.
- Corporate PPA Market: Enshrined via new Section 39 bis. WEM-based PPAs are essential to policy goals and demand coverage. Local rules hindering these contracts are prohibited.
- Rate Determination Principles: For distribution rates, WEM electricity acquisition costs will include:
- Spot market purchase prices and the weighted average from term market contracts under SE contracting rules.
- High-voltage transport costs; and
- System services managed by CAMMESA.
Bills must itemize these charges and may not include local taxes or unrelated charges.
- Creation and Functions of the Regulatory Body: Established as national authority under SE, replacing ENRE. Inherits all regulatory powers.
- Amendment to Law 19,552 on Electric Easements: the law is amended to establish administrative easements in favor of national jurisdiction concessionaires, entitle affected property owners to compensation, excluding lost profits, and enable faster proceedings.
3. Decree 451
Decree 451 enacts a consolidated text of Law 24,076, amending the natural gas legal framework to reflect the creation of the new Regulatory Body. The Regulatory Body replaces the National Gas Regulatory Body (“ENARGAS”) in all functions.
4. Decree 452
Decree 452 constitutes the Regulatory Body pursuant to Section 161 of the Foundations Law, consolidating the functions previously held by ENARGAS and ENRE. Operating under the SE, the Regulatory Body must become operational within 180 calendar days of the decree’s publication. It is granted administrative and budgetary autonomy, functional independence, and full legal capacity to act under both public and private law.
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For additional information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Milagros Piñeiro, Macarena Becerra, Rocío Valdez, María Paz Albar Díaz, Victoria Barrueco, Sol Villegas Leiva, and/or Manuel Crespi.
Province of Córdoba’s Debt Issue for US$ 725,000,000
Legal counsel to Province of Córdoba, as the issuer, and Banco de la Provincia de Córdoba S.A., as Argentine manager and placement agent, in the issuance of US$725 million worth of sovereign debt in an offering that settled on July 2, 2025. The Notes bear a 9.750% annual coupon and mature on July 2, 2032. The Province of Córdoba used a portion of the notes sale – US$362 million – to repurchase US$360,338,929 aggregate principal amount of its U.S Dollar Step-Up Notes due 2027. The remaining portion of the funds will be used for finance infrastructure projects and/or repay existing liabilities.
J.P. Morgan Securities LLC and Santander US Capital Markets LLC acted as global coordinators and joint book-running managers, Balanz Capital UK LLP acted as joint book-running manager, Banco de la Provincia de Córdoba S.A. acted as Argentine manager and placement agent, and Banco Santander Argentina S.A., Balanz Capital Valores S.A.U., Banco de Galicia y Buenos Aires S.A., Les Cinq Capital S.A., Puente Hnos. S.A., Facimex Valores S.A., Becerra Bursátil S.A. and S&C Inversiones S.A. acted as Argentine placement agents. Under the indenture, Deutsche Bank Trust Company Americas acted as trustee, registrar, principal paying agent and transfer agent.
Municipality of Río Cuarto’s Series XXXIX Treasury Notes Issuance for AR$2,100,000,000
Legal counsel to the Municipality of Rio Cuarto, as issuer, Banco de la Provincia de Córdoba S.A., and Puente Hnos. S.A., as arrangers and placement agents, and Banco de Galicia y Buenos Aires S.A., Adcap Securities Argentina S.A., Global Valores S.A., and Becerra Bursatil S.A., as placement agents in the issuance of Municipality of Río Cuarto’s Series XXXIX Treasury Notes (the “Treasury Notes”), under the Municipality of Río Cuarto’s Treasury Notes Issuance Programme. The transaction closed on June 23, 2025, and the Treasury Notes are secured by the Municipality's credits for contributions levied on commercial, industrial and service companies’ activities, and subsidiarily by the resources derived from the Federal Co-participation Regime. The Treasury Notes were issued for AR$ 2,100,000,000 at an annual floating interest rate equivalent to Tamar plus 7.00%, due on June 23, 2026.
Sidus S.A. obtains up to $12,000,000,000 loan
Counsel to Banco de Galicia y Buenos Aires S.A.U., as lender and security agent, in a $12,000,000,000 loan to SIDUS S.A., including a new money tranche and a refinancing tranche.
The loan is secured by a first-priority pledge over the shares of Sidus S.A. In addition, the new money tranche is secured by a mortgage on four real estate properties owned by Tresarg S.A. and the refinancing tranche is secured by two mortgages: a pre-existing mortgage on a real estate property owned by Sidus S.A. and a new mortgage on a real estate property owned by Tresarg S.A.
Call for Bids for the Concession of the Eastern Section and the Connection Section of the Federal Concessions Network – Stage 1
On June 3rd, 2025, the Ministry of Economy issued Resolution N° 29/2025, launching the National and International Public Tender for the concession of the Eastern and Connection Sections of the Federal Concessions Network – Stage 1 (the “Tender”). In addition, approval was granted for the general and specific terms and conditions, the general and specific technical specifications, and the draft concession agreement (collectively, the “Tender Documents”).
Below are the key aspects of the call:
1. General Conditions of the Tender
The Tender will follow a multi-stage process. Bids must be submitted through the Contra.Ar system, and the deadline for submission is August 5th, 2025.
Each bidder may submit only one bid per section. No individual or entity, nor their affiliates or controlling companies, may participate in more than one bid for the same section.
2. Eligibility Conditions for Bidders
Eligible bidders include individuals or legal entities: (i) domiciled, headquartered, or registered in the Argentine Republic, or (ii) with main offices abroad and no local branch, provided they are registered in the Contrat.Ar System.
Prior to signing the concession agreement, the successful bidder must incorporate a corporation (sociedad anónima) whose sole corporate purpose will be to execute the concession agreement throughout its duration.
3. Economic Offer
The economic offer must consist of the toll amount the bidder proposes to collect if awarded the contract, calculated as of June 2025, and must not exceed the maximum tariff set for each section.
The tariff cap is ARS $ 3,057.85 for the Eastern Section and ARS $ 2,892.56 for the Connection Section. The Tender Documents establish the mechanisms for toll adjustments during the concession term.
Bidders may offer a toll below the maximum rate, in which case the concession term will be 20 years. Alternatively, bidders may offer the capped tariff, with a concession term not exceeding 30 years.
4. Bid Maintenance Guarantee
Each bidder must submit a bid maintenance guarantee, payable on first demand, valid for 120 calendar days from the opening of the envelopes of Stage 1.
Accepted forms for this guarantee include: (i) bank deposit; (ii) bank guarantee; (iii) stand-by letter of credit; (iv) surety bond approved by the Superintendence of Insurance of the Nation (Resolution No. 157/2025); or (v) deposits in Acquisition Value Units (UVAs).
The bid maintenance guarantee amount is ARS $ 3,600,000,000 for the Eastern Section and ARS $ 1,000,000,000 for the Connection Section.
5. Purpose of the Concession
The purpose of the concession agreement includes:
- Execution of works on the concessioned section;
- Preparation of executive projects for works to be carried out on the federal concessions network;
- Toll-based administration and operation of the concessioned sections; and
- Execution of complementary developments.
6. Concession Revenues
The concessionaire will receive revenue from: (i) tolls paid by users; (ii) the operation of service areas, complementary services, and residual properties; and (iii) any other income related to the concession.
7. Performance and Contract Compliance Guarantees
Upon signing the concession agreement, the concessionaire must provide the following guarantees:
7.1. Performance Guarantee
The amount is ARS $ 30,000,000,000 for the Eastern Section and ARS $ 4,000,000,000 for the Connection Section. This amount will be adjusted in accordance with the tariff update formula provided in the Tender Documents and must remain in effect until completion of the works.
7.2. Contract Compliance Guarantee
The amount is ARS $ 15,000,000,000 for the Eastern Section and ARS $ 2,000,000,000 for the Connection Section. This guarantee must remain in effect until all obligations under the contract are fulfilled and will be subject to adjustments as set forth in the Tender Documents.
7.3. Forms of Guarantee
The guarantees may be provided through: (i) a surety bond approved by the Superintendence of Insurance of the Nation (Resolution No. 157/2025); or (ii) deposits in UVAs.
8. Rights in Favor of Lenders
To facilitate project financing, the concession agreement allows the concessionaire, subject to the grantor’s prior authorization, to grant the following rights and guarantees in favor of financing entities:
- Pledge, assignment, or fiduciary assignment of up to 70% of the rights arising from the concession agreement; or
- Pledge, assignment, or fiduciary assignment of its shares and/or economic and political rights.
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For additional information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Macarena Becerra Martínez, and/or Sol Villegas Leiva.
Argentina extends the Emergency in the Energy Sector
On June 2nd, 2025, the Government of Argentina released Decree 370/2025 (“Decree 370”), that extends the emergency of the energy sector previously declared by Decree 55/2023 and extended by Decree 1023/2024 (please see our comments here and here), until July 9th 2026.
Decree 307 is applicable to the segments of power generation, transmission and distribution of electric energy, as well as to transport and distribution of natural gas under federal jurisdiction.
Moreover, Decree 307:
- Extends the transition towards focalized energy subsidies period until July 9th, 2026 for the Secretary of Energy to continue implementing the necessary acts for the implementation of the measure, to advance in the restructuring of the subsidy regime, and to establish the specific mechanisms to assign and collect them by the users.
- Extends the intervention of gas and power regulators –ENRE and ENARGAS– until the new entity established by Foundations Law is constituted or July 9th, 2026, whichever occurs first.
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For additional information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Victoria Barrueco, and/or Manuel Crespi.
New framework for power transmission system expansions
On June 2, 2025, the Ministry of Economy published Resolution 715/2025 (the “Resolution 715”) which defines the execution of certain expansions of the power transmission system as a priority and indicates that such expansions shall be carried out under the terms of the Public Works Concession Law No. 17,520, a legal framework recently amended by the Foundations Law (Ley Bases) with a strong emphasis on bankability, as described here.
This measure is framed within Decree 55/2023 (as extended by Decree 1023/2024), which declared the emergency of the national energy sector (see our comments on these regulations here and here), and takes into account the high risk of electricity shortages and transmission limitations in Argentina’s federal network.
Resolution 715 establishes that the Secretary of Energy (“SE”) shall approve regulations to include public works concessions within the alternatives for transmission system expansions. Such regulations shall include, among others, that the contractor may finance the expansions by means of a monthly payment to be funded by a rate collected from end-users of the service identified as beneficiaries, as well as that the operation and maintenance of the expansion shall be done by the concessionaire, acting as an Independent Transmission Carrier.
As a result, public works concessions will become a new mechanism for carrying out expansions of the transmission system through private investment and financing. This is a significant measure aimed not only to address the current situation of the system, but also to enable and remove barriers to other industries and projects that are currently limited by the lack of transmission capacity.
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For additional information, please contact: Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Milagros Piñeiro, Macarena Becerra, María Paz Albar Díaz, Rocío Valdez, Victoria Barrueco, Sol Villegas Leiva, and/or Manuel Crespi.
Argentina Ratifies the OECD Multilateral Instrument (MLI): Key Changes to Double Taxation Treaties
On May 28, 2025, the National Executive Branch enacted and published Law No. 27,788 in the Official Gazette, thereby formally approving the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (commonly referred to as the Multilateral Instrument, the “MLI”), signed in Paris, France, on November 24, 2016.
Regarding the legislative process that led to its approval, it is worth noting that Argentina was one of the original signatories of the MLI on June 7, 2017, in alignment with its commitment to international standards on transparency and the fight against tax avoidance. The bill was submitted to the Senate in October 2024, following initial approval by the Chamber of Deputies. The National Congress gave final approval on May 7, 2025. With its enactment by the Executive on May 28, 2025, and publication in the Official Gazette, the constitutional process required for the MLI’s incorporation into domestic law was completed, granting it full legal effect in Argentina.
Pursuant to Article 34 of the MLI, the Convention will enter into force at the international level, and with respect to Argentina, on the first day of the month following the expiration of a three-month period from the date the country deposits its instrument of ratification with the OECD Secretariat.
Once effective, the provisions of the MLI will apply in accordance with Article 35 as follows:
- With respect to withholding taxes (e.g., on dividends, interest, and royalties), the MLI will apply from January 1 of the calendar year following the latest date on which the MLI enters into force for both Contracting Jurisdictions. If such date occurs during 2025, the provisions will become applicable as of January 1, 2026.
- With respect to other taxes (such as income taxes assessed by means of tax returns, e.g., Corporate Income Tax), the MLI will apply to taxable periods beginning six months after the latest date of entry into force between the two jurisdictions, unless an alternative date is notified in accordance with Article 35.
Domestic Implications of the MLI
Argentina’s adoption of the MLI is part of a global initiative led by over 100 jurisdictions under the OECD/G20 BEPS Project, aimed at rapidly and consistently updating the network of international tax treaties and minimizing opportunities for tax avoidance by multinational groups.
The MLI is designed to counteract aggressive tax planning strategies that erode tax bases and shift profits artificially to low or no-tax jurisdictions. Its implementation enables Argentina to simultaneously update its existing Double Tax Treaties (“DTTs”) without having to renegotiate each agreement bilaterally.
The MLI will modify Argentina’s DTTs with jurisdictions such as Spain, Italy, Mexico, the Netherlands, Switzerland, and the United Kingdom, among others, in order to curb treaty abuse by arrangements lacking economic substance, consistent with Argentina’s international commitments to tax transparency and anti-avoidance measures.
Key Anti-Abuse Provision: Principal Purpose Test (PPT)
One of the main reforms introduced by the MLI is the Principal Purpose Test (“PPT”).
The PPT provides that treaty benefits—such as reduced withholding tax rates—may be denied if, considering all facts and circumstances, it is reasonable to conclude that one of the principal purposes of an arrangement or transaction was to obtain that tax benefit, unless it is established that granting such benefit would be consistent with the object and purpose of the treaty.
The MLI also amends the preambles of Covered Tax Agreements to reinforce their anti-abuse objective. Article 6 mandates the inclusion of the following text:
"Intending to eliminate double taxation with respect to the taxes covered by this agreement without creating opportunities for non-taxation or reduced taxation through tax evasion or avoidance (including through treaty-shopping arrangements aimed at obtaining reliefs provided in this agreement for the indirect benefit of residents of third jurisdictions)".
Such wording will be added in the absence of an equivalent preamble or will replace an existing one that does not sufficiently express this objective. Jurisdictions that already include a substantially equivalent preamble may opt out of this modification.
Practical Implications of the PPT
- The PPT will apply automatically unless a jurisdiction makes a reservation (which Argentina has not done).
- It does not require proof of fraud or tax evasion—only the existence of a principal tax purpose.
- Tax authorities may deny treaty benefits where aggressive tax planning or artificial structures without substance are detected.
- The burden of proof shifts to the taxpayer, who must demonstrate valid economic reasons for cross-border transactions.
Alternative to the PPT: Simplified Limitation on Benefits (S-LOB)
In addition to the PPT, the MLI allows jurisdictions to apply a supplementary rule known as the Simplified Limitation on Benefits (“S-LOB”).
This provision restricts treaty benefits to specific “qualified residents,” including:
- Individuals;
- Governments, political subdivisions, local authorities, and their wholly owned agencies or instrumentalities;
- Companies whose shares are regularly traded on recognised stock exchanges;
- Pension funds and non-profit entities that are regulated and recognized as such by the contracting jurisdictions.
However, Argentina has not yet adopted the S-LOB clause, making the PPT the sole anti-abuse rule applicable under the MLI.
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Please contact us at tax@tavarone.com should you require further information or wish to assess the implications of the MLI on specific structures or transactions.