Offsetting - IBP corporate shareholdings

On 25.07.2025 the National Tax Directorate ("DNI") issued Ruling NO-2025-81182096-APN-SSIP#MEC ("Ruling") by which it admitted that companies acting as substitute taxpayers of the Corporate Income Tax ("IBP Participaciones Societarias") may cancel their obligation with freely available balances of other taxes.

The DNI echoed the doctrine of the Supreme Court of the Nation set forth in the precedent "Rectificaciones Rivadavia", which has been ratified by all the Chambers of the Federal Administrative Court of Appeals, and added that "in the understanding that if a taxpayer determines a balance to be paid to the Treasury for his obligation as a substitute taxpayer and at the same time has freely available balances in his favour, the identity required by the rule -simultaneity of debtor and creditor in the same subject- is verified, he acquires the right to have the offsetting made effective, Therefore, the power of the collecting agency -provided for in article 28 of the procedural law- to give its consent is based on the accreditation of aspects such as the liquidity and enforceability of the debts."

The criterion set out in the Opinion comes after years of controversy where the National Treasury maintained a contrary criterion and is of great relevance not only in the matter of IBP Corporate Shares, but also in all types of compensation procedures.

If you have any doubts or queries, please do not hesitate to contact our Tax Law Department.