Why Conduct an Entity Health Check for your Company in Argentina?

Learn about the importance of a entity health check in Argentina in order to keep your company structured and compliant against the requirements of government authorities.

Entity health checks in Argentina are increasingly important due to the set of local regulations that describe fiscal responsibilities and corporate compliance in the country, which are constantly changing and updated.

When you decide to incorporate a company in Argentina, you should bear in mind that at least once a year you must carry out an entity health check for your company or branch in Argentina. This process is also known as “corporate status verification”.

Depending on the activity that the company carries out, it is recommended to carry out these reviews regularly. The hiring of external partners to review the status of your company in terms of corporate compliance in Argentina will protect you from sanctions and allow you to manage the risk of default.

What is an entity health check in Argentina?

In general terms, an entity health check is an evaluation of the company where the legal, fiscal and corporate status is evaluated. In order to ensure that the corporate due diligence of your company in Argentina complies with the local laws.

Sometimes the directors of a company cannot accurately assess the overall status of compliance or do not have the legal or financial knowledge to understand what the corporate compliance requirements are in Argentina. For this reason, they decide to work with a professional external partner to conduct this review on behalf of the company.

The entity health check in Argentina seeks to review all the fiscal, legal, and other operating activities of a company; and raise any discrepancy or problem that needs to be resolved. This generally includes:

• Assess the business context of the company: Are there specific requirements that the company must meet regarding your industry or activity?
• Review of records, meeting minutes and legal records
• Evaluation of finances, social security payments, and other taxes

Corporate compliance in Argentina

Conducting an entity health check on a regular basis is also a useful tool to confirm the status of a company before buying or merging with it. In other cases, it is a way for you to demonstrate to potential partners and clients that they are working with a company that is fully compliant with Argentine regulations. In Argentina, a company must comply with two main vital areas for the proper functioning of a company: Legal and tax compliance.

Legal compliance in Argentina

It is crucial to regularly review the legal corporate activity of your company in Argentina. The documentation to be included in this part of the entity health check in Argentina includes:

• Evaluation and review of contracts signed with third parties
• Corporate books and accounting books (including minutes of the Assemblies)
• Shareholders meeting
• Rental agreements or leases
• Other key legal documents for the company

Tax compliance in Argentina

The company must make periodic reviews of its finances and accounting. The tax review is one of the most important and delicate parts of the compliance control of an entity in Argentina.

In Argentina, the Government Administration of Public Revenue of the Government of the Autonomous City of Buenos Aires (AGIP) continuously carries out inspection actions in shops and companies; and carries out controls on vehicles at different points of the City in order to verify the degree of compliance with tax obligations by taxpayers and/or those responsible.

In addition, as of November 2016, the AGIP Electronic Inspection was launched. A scheme where inconsistencies in the fulfillment of tax obligations are exhibited, allowing the taxpayer, in this case companies, to recognize and/or clarify their tax situation and regularize it immediately.

Likewise, the Public Revenue Administration Agency (AFIP) issues the Fiscal Certificate to Hire. Document that enables companies to act as suppliers to the State, if they have complied with their tax, customs and social security obligations. A negative certification can affect a company’s credit score and result in visits from tax authorities, fines, surcharges, and other complications.

For the review of corporate compliance in tax matters in Argentina, it is important to bear in mind that, for any legal activity such as liquidation, dissolution, and merger, the company must fully comply with its tax obligations in order to continue with its process.

Contact Biz Latin Hub to conduct your entity health check in Argentina

You should interact with experienced and reliable partners to carry out entity health check in Argentina. Carrying out routine compliance checks will protect your business and operations from potential penalties imposed by government authorities.

At Biz Latin Hub, our team of experts perform entity healths checks for companies in Argentina and throughout Latin America. Our team of local and expatriate professionals offer support and advice to improve your company’s corporate compliance, increase its value and manage the risk of default.

Learn more about our team and expert authors.

Contact our team of multilingual accounting and legal experts today for personalized assistance and the support you need to successfully run your operations in Argentina.