Argentina Fiscal Innocence Law: Buying Property in Cash

Law 27,826 rewrites the simplified regime created by Law 27,799

Law 27,799 was published on January 2, 2026 and took effect that day. It raised the amounts in the Criminal Tax Regime: the Article 1 threshold became ARS 100,000,000 and the Article 2(a) threshold ARS 1,000,000,000; from January 1, 2027 they are updated by the UVA index. It also created a simplified income-tax regime for resident individuals. Participants receive an irrebuttable presumption that their income-tax and VAT returns for periods not yet time-barred are accurate, unless ARCA detects a significant discrepancy. Law 27,799, Articles 1, 2, 40, 42 and 43.

Law 27,826 was passed on September 17, 2026 and published on October 9. Its changes to the simplified regime apply to tax periods beginning on or after January 1, 2025. Law 27,826, Articles 3, 7, 8, 12, 13 and 19.

ARCA’s information page of April 14, 2026 still mentions the former caps, and General Resolution 5820/2026 still refers to the original Article 38 and still excludes large taxpayers; ARCA has not adapted either yet. Until it does, treat the caps as outdated rather than as a current requirement. ARCA notice of April 14, 2026; ARCA General Resolution 5820/2026, Articles 1 and 4.

Only tax residents can use the presumption

New Article 38 requires tax residence for the whole tax period; otherwise ARCA excludes the taxpayer. The whole-year requirement does not apply to the 2025 period. Law 27,826, Articles 3 and 11.

Taxpayers join through ARCA’s “Sistema Registral” with a CUIT and income-tax registration. The registration certificate shows the code “639-Ganancias Simplificado Ley 27799”, and banks and other reporting entities can check it. ARCA General Resolution 5820/2026, Articles 2, 4, 5 and 6.

None of the rules checked gives a benefit to non-residents. Whether a foreigner living in Argentina is a tax resident depends on the income-tax residence rules, which this guide does not assess. See foreigners and non-residents.

Cash handed over at the deed counts as channelled

Article 40 bis requires participants to transact through means authorized by the central bank (BCRA) or the securities regulator (CNV); it is enough that the formal financial system is used at the origin or the destination of the transaction. It treats that obligation as met for cash paid when public deeds that create, modify, declare or extinguish real rights over property are executed. Law 27,826, Article 7.

Paying cash at the deed is not new. Decree 22/2001 already gives that payment discharging effect and requires the notary to record the handover and report it to the tax authority; Decree 93/2026 confirmed that decree remains in force. What is new is the tax effect for participants. Decree 22/2001, Articles 1 and 2; Decree 93/2026, Annex, Article 4.

December 31, 2027 is not a deadline for depositing dollars. The law says the Article 40 release applies until December 31, 2027 for the funds used in those payments. The same provision treats those funds as part of the taxpayer’s assets for personal assets tax from the date of the transaction.

Open points as of October 10: the law does not expressly say whether the rule also covers a seller who receives the cash, and Article 10 of General Resolution 5820 still treats funds received in cash as not channelled. Nor does the law say whether December 31, 2027 limits the date of payment or the duration of the release. The changes take effect for tax periods from 2025, but the law does not say expressly whether cash paid at deeds signed before October 9, 2026 is covered. Sellers in the regime should take advice before accepting cash.

What the notary still checks

Under UIF Resolution 242/2023, a notary (escribano) is a reporting entity only when acting for a client in a “specific activity”. For property, that means a purchase or sale above 700 minimum monthly wages (SMVM): ARS 273,840,000 with the October 2026 minimum wage. Below that amount, the UIF rules summarised here do not apply to the deed, although Decree 22/2001 still requires the notary to record any cash handed over. Law 27,826 requires reporting entities to treat the participation certificate as a favourable factor in identifying and monitoring transactions, but expressly keeps their prevention duties, including customer due diligence. Law 27,826, Article 7; UIF Resolution 242/2023, Article 2(a)(i), (d) and (o); Decree 22/2001, Article 2.

Above that threshold:

• Sworn statement on lawful origin: every client signs one for the funds used (Articles 13 and 14).
• Record in the deed: whether payment was made in cash and the origin declared by the parties, including payments made before the deed (Article 23).
• Risk-based evidence: for low risk, documents only if the notary considers them necessary; for medium or high risk, more evidence of activity and origin. Examples in the rule include an earlier deed, bank records or sale documents. Within that scope, the rule sets no lower amount below which evidence can never be requested (Articles 17–19 and 24).
• No tax returns: the notary may not require tax returns (Article 24; UIF Resolution 78/2025).
• Report to the UIF: monthly reporting of cash property purchases above 750 SMVM (Article 28). For property in border development and border-security zones, every purchase or sale above 700 SMVM is reported, whatever the form of payment (Article 28(a)(iv)). With the ARS 391,200 minimum wage in force from October 1, 2026, 750 SMVM equals ARS 293,400,000 and 700 SMVM equals ARS 273,840,000; the figure rises each month (Wage Council Resolution 4/2026, copy published by the Buenos Aires notaries’ college).

The UIF must issue complementary rules within 15 business days of October 9. On October 10, the latest resolution in the UIF’s list was 109/2026, published on September 18. Check whether the new rule has been published before signing. Law 27,826, Article 12; UIF resolutions.

Depositing the dollars before the deed

The BCRA and the UIF published guidelines on February 18, 2026 (page last updated March 11). They say that holding cash dollars is not, on its own, an indication of illegality, and that prevention rules do not prohibit cash deposits of any amount; the only requirement is to identify the depositor and the account holder for larger deposits. UIF Resolution 78/2025 sets that identification at cash deposits of 40 SMVM or more (ARS 15,648,000 at the October 2026 value). If the amount is below the tax-evasion threshold and consistent with the customer’s profile, additional documents may be unnecessary. BCRA and UIF guidelines; UIF Resolution 78/2025.

These are guidelines, not a rule, and they do not address notaries. The bank still applies its own risk assessment. Depositing first and paying by transfer uses the financial system at origin and destination; paying cash at the deed is the route the new law treats as channelled for participants.

What the law does not cover

• Not an amnesty: ARCA itself says the regime is neither a blanqueo (asset-regularisation scheme) nor an amnesty (ARCA notice).
• Income tax and VAT only: the Article 40 presumption refers to those taxes. Personal assets tax is not included, and Law 27,826 adds the funds used to the taxpayer’s assets from the transaction date (Law 27,799, Article 40; Law 27,826, Article 7).
• Money laundering: the Article 40 release covers civil actions, tax and customs offences and administrative infringements; it does not mention money laundering, and the rules restate the prevention duties (Law 27,799, Article 40; Law 27,826, Article 7; Decree 93/2026, Annex, Article 5).
• Significant discrepancy: if ARCA detects one, it can widen the audit (Law 27,799, Article 42).
• Limitation periods: five years as a rule for registered taxpayers; three if the return was filed on time, any balance due was settled and ARCA does not challenge it for a significant discrepancy; ten for unregistered taxpayers. For provincial, city and municipal taxes, the period follows Law 11,683 (Law 27,799, Articles 30 and 34).
• Local transaction taxes such as stamp duty are not analysed here; check them with the notary.

Non-residents do not get the benefit

All the rules checked limit the simplified regime to residents. A non-resident buyer gets neither the Article 40 presumption nor the Article 40 bis treatment. Law 27,826, Article 3; General Resolution 5820, Article 1; Decree 93/2026, Annex, Article 1.

Above the 700 SMVM threshold, the notary’s checks apply in full: identification with a passport or the issuing country’s identity card, an equivalent foreign tax identifier, and high-risk treatment of foreign politically exposed persons. High-risk jurisdictions and intensive use of cash are risk factors. UIF Resolution 242/2023, Articles 13, 14, 16 and 19.

This guide did not review the customs rules for bringing cash into Argentina; check them with the customs authority before travelling with money. To structure the payment, see the payment and source-of-funds guide, the buyer CDI and CUIT guide and the bank-account guide. The purchase itself is covered in the foreign-buyer guide.

Before signing: five checks

1. Confirm your status: tax residence for the whole period and current participation, shown on the registration certificate.
2. Prepare the evidence: the sworn statement on origin and documents consistent with your profile, such as an earlier sale or bank records.
3. Talk to the notary before signing day: how the cash will be recorded and which evidence will be requested.
4. Work out personal assets tax and local taxes from the transaction date, and check the seller’s position.
5. Check the pending rules: whether the UIF and ARCA have published their updates. For your own case, consult an accountant.