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V1751-14 4 July 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Argentine discretionary pension constitutes a capital gain for Personal Income Tax purposes

A query was raised regarding whether a discretionary pension granted under Argentine law following a spouse's imprisonment is exempt from Personal Income Tax (IRPF). The Directorate General of Taxes (DGT) has determined that this benefit constitutes a capital gain subject to taxation.

The question raised

Whether said receipts are exempt from Personal Income Tax.

The DGT's ruling

The benefit provided for in Law No. 24,043 constitutes a capital gain pursuant to Article 33.1 of the Personal Income Tax Law (LIRPF). As it does not derive from the transfer of an asset, it is included in the general taxable base in accordance with Article 48 of the LIRPF. These gains are not subject to any applicable legal exemptions or non-taxability provisions.

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