Extrazone Import Duties applicable to Hybrid Vehicles
Decree No. 1128/2026 (hereinafter, “Decree 1128”), published on the Official Gazette on 30/09/2026 and in force as from 10/01/2026, replaces Article 1 to Decree 49/2025 and Annex thereto by adding new NCM tariff codes into the list of hybrid vehicles with a FOB of up to USD 16,000 covered by a 0% Extra-Zone Import Duty (“DIE”, as per its acronym in Spanish) and increasing the maximum FOB of vehicles classified in NCM tariff codes previously levied with a 0% DIE.
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Para consultas sobre el alcance de este fallo, por favor contactar a Gastón Miani o a Andrea Callegari.
New Large Demand Regime: Incorporation of Above Trend Demands related to Data Centers and Industrial Production Processes
On September 25th, 2026, the Secretary of Energy published Resolution No. 264/2026 (the “Resolution 264”) replacing Section 13 of Resolution No. 400/2025 (please, find our comments here) and approving its regulations, thereby introducing a special regime for new Major Large Users (“GUMA”, for its acronym in Spanish) considered Above-Trend Demands (hereinafter, respectively, “GUMA XDEM” and the “XDEM Regime”) seeking to connect to the Argentine Interconnection System (the “SADI”, for its Spanish Acronym).
The XDEM Regime targets new large-scale demands equal or over 0.5% of the Wholesale Electricity Market (“WEM”) average demand, focusing on:
- Demands intended, in whole or in part, for intensive computational processing infrastructure such as data centers, or artificial intelligence training or inference facilities (“GUMA XDEM – Data”); and
- Demands intended, in whole or in part, for productive activities such as industry, mining, liquefied natural gas, hydrogen, or other productive activities with intensive electricity consumption (“GUMA XDEM – Production”).
To access the WEM, GUMA XDEM must submit, together with their application, a Supply Plan with a five (5) year horizon, ensuring: (i) covering at least eighty percent (80%) of their demand with new electricity production; and (ii) physical backing of new firm capacity equivalent to at least one hundred percent (100%) of projected peak demand for GUMA XDEM (Production) and one hundred fifteen percent (115%) for GUMA XDEM (Data). GUMA XDEM shall provide information regarding power purchase agreements and capacity agreements executed under the Corporate PPA Market and, on a monthly basis, demonstrate compliance with the Supply Plan.
Furthermore, Resolution 264 introduces charges in cases of unfulfillment of the energy and capacity consumption obligations. Additionally, in these cases, the XDEM's unbacked energy will not benefit from a supply guarantee, and any capacity coverage shortfall will result in operating restrictions being applied to the XDEM before affecting the remaining MEM demand.
Applications for incorporation into the WEM or for access to transmission capacity related to XDEM that are pending as of the effective date of Resolution 264 must be adjusted to the XDEM Regime within sixty (60) days following such date. This adjustment applies to all applicants, regardless of whether they qualify as WEM agents or not.
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For further information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Milagros Piñeiro, Macarena Becerra Martínez, María Paz Albar Díaz, Victoria Barrueco, Manuel Crespi, Sol Villegas Leiva, Nair Ivanoff Ravnensky, María Emilia Río, Fermín Bartos, and/or Felicitas Orb.
New Regime for the Termination and Amendment of Power Purchase Agreements executed with CAMMESA
On September 25, 2026, the Secretary of Energy of the Ministry of Economy published Resolution No. 257/2026 (the “Resolution 257”) which established a new voluntary regime for the termination and amendments of the Power Purchase Agreements from renewable sources (“PPA”) entered into with Compañía Administradora del Mercado Mayorista Eléctrico S.A. (“CAMMESA”) under the RenovAr Program (Rounds 1, 1.5, 2 and 3), Resolution No. 202/2016 of the former Ministry of Energy and Mining (“Resolution 202”), and RenMDI, as follows:
1. Termination of the PPAs
Subject to compliance of certain requirements and payment of 14% of the total amount of the Performance Bond, Resolution 257 allows companies owning projects awarded under any round of the RenovAr Program, or incorporated into the regime under Resolution 202, whether or not they have reached the Commercial Operation Date (“COD”), to request the termination of the PPA.
2. Amendment of the PPAs
Resolution 257 sets forth several complementary (non-exclusive) scenarios under which companies owning projects with PPAs entered into under Rounds 1, 1.5 and 2, or under Resolution 202, may request to amend the PPA, as applicable:
- Setting aside the committed energy obligations as of June 1, 2026, in exchange for accepting a two (2) year reduction of the Supply Period.
- Allowing the company to cover supply deficiencies during a recovery period equivalent to the following four (4) production years.
- In case of penalties for major and/or minor supply deficiencies, allowing the company to amend the PPA by accepting a reduction of the Supply Period proportional to the committed energy not supplied.
3. Extension of the Commercial Operation Date committed under RenMDI call
Projects awarded under the RenMDI call (items 1 and 2) will have the option to request an additional 365 calendar-day period on top of the Maximum Extension of the Commercial Operation Date already provided by the Bidding Terms, in exchange of a quarterly payment of US$7,000 per MW of contracted capacity and accepting a two (2) calendar-day reduction of the Supply Period for each additional day of extension actually used until COD is reached.
In all cases, the company shall waive any administrative, judicial, extrajudicial or arbitration claim against the National Government, the Secretary of Energy and/or CAMMESA arising from causes prior to the amendment or termination.
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For further information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Milagros Piñeiro, Macarena Becerra Martínez, María Paz Albar Díaz, Victoria Barrueco, Manuel Crespi, Sol Villegas Leiva, Nair Ivanoff Ravnensky, María Emilia Río, Fermín Bartos, and/or Felicitas Orb.
The Antitrust Tribunal regulates the entry into force of the suspensory merger control regime
On September 18, 2026, the Antitrust Tribunal (the “AT”) issued Disposition No. 29/2026 (the “Disposition”) establishing, as a general rule, that the merger control regime applicable to a given transaction will be determined by the date on which the transaction is notified with the National Competition Authority (“NCA”).
The Antitrust Law No. 27,442 (the “Antitrust Law”) establishes, in Section 9, a suspensory (ex ante) merger control regime, pursuant to which transactions subject to notification must be authorized by the NCA prior to their closing. However, Article 84 of the Antitrust Law establishes a transitional regime under which the suspensory (ex ante) regime will enter into force one year after the ANC becomes operational, which occurred on November 17, 2025. Accordingly, the suspensory (ex ante) regime provided for in Article 9 of the Antitrust Law will enter into force on November 17, 2026.
In this context, the Disposition establishes that transactions notified before November 17, 2026, will be subject to the non-suspensory transitional regime—that is, the current ex post regime—provided for in Article 84 of the Antitrust Law, even if they close after that date. The same criterion applies in reverse: transactions for which an agreement was entered into before November 17, 2026, but which are notified after that date, will be subject to the suspensory regime—that is, the ex ante regime—provided for in Article 9 of the Antitrust Law.
To fall within the transitional regime, the Disposition requires that any notification made before November 17, 2026, be supported by a legally binding agreement between the notifying parties, executed by representatives with sufficient authority, from which the parties’ obligation to implement the transaction on the notified terms arises.
Non-binding preliminary instruments—such as letters of intent, memoranda of understanding, or term sheets— as well as any other non-binding offers that do not legally bind the parties to implement the transaction, regardless of their designation, do not satisfy this requirement. It is, however, permissible for closing to be subject to conditions precedent, including regulatory approvals in Argentina or abroad, or the occurrence of events beyond the parties’ discretionary control.
Finally, the Disposition clarified that the application of the non-suspensory (ex post) regime does not constitute a determination regarding the transaction’s effects on competition, nor does it restrict the investigative powers conferred by Section 14 of the Antitrust Law on the Secretary of Economic Concentrations and the AT itself.
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For further information, please refer to Julian Razumny or Ignacio Mora.
Advance Procurement Tender Process for “AMBA I” Transmission Expansion Works
On September 1, 2026, the Secretary of Energy published Resolution No. 218/2026 (the “Resolution 218”), instructing CAMMESA (Argentina’s ISO) to launch the advance procurement process for seven (7) single-phase transformers (the “Transformers”), their spare parts, and supervision services for installation and commissioning, for the “AMBA I” high-voltage transmission expansion works (the “Work”).
Resolution 218 is framed within the bidding process initiated by Resolution No. 202/2026 of the Secretary of Energy, which launched the National and International Multi-Stage Public Tender No. 34-0003-LPU26 for the construction, operation and maintenance of the Work under the “Expansions through Public Works Concessions” regulatory framework (the “Tender”) (see our comments here).
In this context, the Specific Bidding Terms and the Public Works Concession Agreement template provide that CAMMESA may acquire equipment in advance to be used by the selected bidder (the “Concessionaire”) in the construction of the Work.
In that regard, Resolution 218 notes that CAMMESA identified Transformers as critical to the Work’s schedule due to long international-market lead times and the resulting risk of delays to commercial operation, proposing their advance procurement.
On this basis, among other measures, Resolution 218 instructs CAMMESA to:
- launch, within thirty (30) days of publication of Resolution 218, i.e. September 30th, a national and international public tender for the procurement of the Transformers, their spare parts and supervision of installation and commissioning;
- enter into contracts with the successful bidders, acting as agent for the National Government; and
- once the Tender has been awarded and the Concession Agreement executed assign to the Concessionaire, at no cost, the relevant equipment supply contracts and CAMMESA’s contractual position thereunder.
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Energy, Infrastructure and Natural Resources Team
Public tender for “AMBA I” transmission expansion work as a Public Works Concession
On August 12th, 2026, the Secretary of Energy (the “Tender Authority”) published Resolution No. 202/2026 (“Resolution 202”), launching National and International Multi-Stage Public Tender No. 34-0003-LPU26 (the “Tender”) for the execution of “AMBA I” high-voltage transmission expansion work (the “Work”) under the “Expansions through Public Works Concessions (Law No. 17,520)” regulatory framework. The Work had previously been declared a priority expansion by Resolution No. 715/2025 of the Ministry of Economy, ratified by Decree No. 921/2025 (see our comments here, here and here).
Resolution 202 also approves the General Bidding Terms, the Specific Bidding Terms, the Technical Specifications, the Public Works Concession Agreement template (the “Concession Agreement”) and their annexes (“Tender Documents”). It also creates the Bid Evaluation Committee and provides that the Tender will be conducted through the CONTRAT.AR platform.
Resolution 202 is a milestone for the Argentine Interconnection System ("SADI", for its acronym in Spanish) and for the Argentine electricity market as a whole, launching the process to carry out the transmission works considered essential to significantly improve the conditions for supplying demand in Greater Buenos Aires, as well as the security and reliability of the area and of the SADI in general, while promoting private investment in the electricity sector under conditions of legal robustness strongly oriented towards bankability.
The main terms of the Tender Documents are summarized below:
1. Main Tender Terms
(i) Scope and Schedule
The Tender covers the construction, operation and maintenance of the Works, divided into two (2) concurrent stages. Bids are due on December 8, 2026, at 11:00 a.m., with opening at 12:00 p.m.; questions to the Tender Documents may be submitted until November 8, 2026.
(ii) Eligibility
Bidders must meet the legal, technical and financial requirements and submit a US$40 million bid guarantee valid for at least one hundred and eighty (180) days.
(iii) Economic offer and RIGI
Bidders must submit an economic offer, which comprises: (i) the total remuneration sought for the entire remuneration period (the “Total Remuneration”); (ii) the investment reference value; (iii) economic and financial indicators to be provided by the Tender Authority.
The selected bidder may apply to adhere to the Large Investments Incentive Regime (“RIGI”, for its acronym in Spanish). If rejected or withdrawn, it may still execute the Concession Agreement on the same terms, or decline, allowing the next-ranked bidder to be called. Bidders must consider the impact of RIGI on the economic offer.
(iv) IDB Guarantee
The Tender Authority also informs that the Inter-American Development Bank (“IDB”) is considering a potential guarantee for the Concession Agreement, covering up to six (6) months of remuneration for up to twenty-five (25) years, subject to its internal approvals (see the IDB report, here).
2. Main Terms of the Concession Agreement
The Concession Agreement must be entered into by the Ministry of Economy, represented by the Secretary of Energy, and the selected bidder (the “Concessionaire”). The Concession Agreement comprises two (2) periods: (i) Construction; and (ii) Operation and Maintenance. The Concessionaire will receive a monthly remuneration based on the Total Remuneration for the construction activities, to be paid through a rate charged to the beneficiary users (the “Concession Rate”). Following commercial operation, the Concessionaire will act as an Independent Transmission Carrier under the Technical License and Connection Agreement with the transmission carriers TRANSENER and TRANSBA to operate and maintain the Work, receiving a rate regulated by the regulatory body (the “ITC Rate”).
The main terms of the Concession Agreement are summarized below:
- Works Structure: The Works comprise two (2) stages that may be executed in parallel, which, in turn, are composed of lots. Completing each lot triggers Total Remuneration for the relevant stage, while delays may reduce the remuneration period and the Total Remuneration.
- Total Remuneration: CAMMESA (Argentina’s ISO) will pay the Concessionaire for up to seven (7) years for each stage, with transmission-service payment priority. Total Remuneration will be adjusted based on the U.S. PPI.
- Financial Contribution: The Concessionaire may receive up to US$55 million from the Wholesale Electricity Market Stabilization Fund through CAMMESA, subject to contractual milestones and a guarantee.
- Equipment: CAMMESA may provide equipment and related services to the Concessionaire for the Works.
- Guarantees: The Concessionaire must post (i) an execution guarantee equal to 10% of the Total Remuneration, which may be reduced by 65% upon completion of Stage 1, and (ii) an O&M guarantee equal to 2.5% of the Total Remuneration upon expiry of the execution guarantee.
- Financial Equilibrium: Adverse changes entitle the Concessionaire to renegotiation to restore the Concession Agreement’s financial equilibrium, including remuneration adjustments, term extensions or changes to the Works.
- Dispute Resolution: Unresolved disputes may be referred to a Technical Panel and, subsequently, to an international arbitration under the ICC Rules.
- Secured Creditors: Certain actions require the secured creditors’ prior consent. Upon termination due to the Concessionaire’s default, they may exercise step-in rights and appoint a qualified successor meeting the same legal, technical and financial requirements as the Concessionaire.
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For additional information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Milagros Piñeiro, Macarena Becerra Martínez, María Paz Albar Díaz, Victoria Barrueco, Manuel Crespi, Sol Villegas Leiva, Nair Ivanoff Ravnensky, María Emilia Río, Fermín Bartos, and/or Felicitas Orb.
María de los Ángeles Olano joins our Firm as Partner in the Tax Practice
We are pleased to announce the appointment of María de los Ángeles Olano as Partner in our Tax practice. The appointment strengthens our Firm's tax offering with one of Argentina's most highly regarded tax lawyers, recognised for advising domestic and international clients on sophisticated tax matters, transactions and disputes.
Olano brings over 20 years of experience in tax law, focusing on domestic and international tax advisory work for local and multinational companies, as well as tax controversy and litigation. Throughout her career, she has advised clients on sophisticated transactions, including mergers and acquisitions, share transfers, domestic and international tax planning, digital economy matters, initial public offerings (IPOs), trusts, tax-free reorganisations, investment structuring, project finance, estate planning, tax due diligence and debt restructurings, among other strategic matters.
Since 2018, Ángeles has been consistently recognised by leading international legal directories, including Chambers Latin America, The Legal 500, Leaders League and Lexology Index, where she is ranked among Argentina's leading tax practitioners.
Prior to joining Tavarone Rovelli Salim Miani, Ángeles spent more than 18 years in Beccar Varela's Tax Department, where she advised local and multinational clients on domestic and international tax matters. She also led complex tax controversies before administrative authorities and the courts, while developing strategic solutions for complex tax matters. Earlier in her career, she was a member of the tax teams at Cárdenas, Di Ció, Romero, Tarsitano & Lucero and Bomchil.
Commenting on the appointment, Gastón Miani, Partner and Head of the Tax and Corporate Criminal Law practices, said:
“Ángeles is an outstanding addition to our Tax practice. Her extensive experience advising both domestic and multinational companies, together with her exceptional track record in complex tax controversy matters before both administrative authorities and the courts, further enhances our ability to help clients navigate an increasingly sophisticated and demanding tax environment.”
Olano graduated with honours from the University of Buenos Aires School of Law, where she also completed a postgraduate programme in Tax Law. She further completed the Intensive Programme on International Taxation in Latin America at Universidad Torcuato Di Tella.
She is also actively involved in academia and professional organisations. Since 2024, she has served as Secretary of the Board of Directors of the Argentine Association of Fiscal Studies (AAEF) and as Secretary of the Argentine Branch of the International Fiscal Association (IFA). She has spoken at international conferences organised by leading organisations including the American Bar Association (ABA), the International Bar Association (IBA) and the International Fiscal Association (IFA). She also served as National Reporter at the IFA Peru 2022 Congress on the implementation of BEPS Action 4 in Latin America and is the author of numerous publications on tax law.
Marcelo Tavarone, Managing Partner and Head of the Banking & Capital Markets practice, added:
“Welcoming a lawyer of Ángeles' high profile reflects our commitment to building first-class teams across all our strategic practice areas. Her appointment further strengthens the comprehensive service we provide to clients and reflects our long-term commitment to the Firm’s continuing growth. It also reinforces our determination to keep expanding to create new opportunities for both our clients and our people. Once again, when we say that we are ready to stay in line with this new time of opportunities in Argentina, we really mean business.”
Ángeles commented:
“I am delighted to join Tavarone Rovelli Salim Miani, a Firm with a distinctive professional identity and an outstanding team. This new opportunity allows me to continue developing my tax practice alongside professionals with whom I share common values and a long-term vision of client service.”
Olano's appointment as Partner reinforces our commitment to excellence and to the continued growth of our Firms's strategic practice areas, further consolidating our Tax practice as a leading adviser to domestic and international clients.
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Media Contacts:
Paula Cafferata, paula.cafferata@tavarone,com
Sofía Quesada, sofia.quesada@tavarone.com
Export duty reduction
Decree No. 566/2026 (hereinafter, “Decree 566”), published on the Official Gazette on 07/01/2026:
- Sets export duties at 0% for the tariff classification numbers listed in Annex I thereto (industrial products and petroleum‑derived goods from the chemical, petrochemical, plastics, mineral, non‑ferrous metals, automotive, fertilizers, rubber and rubber manufactures, steel, metallurgical industries, scrap, and electrical waste sectors).
- Establishes in its Annex II a 12-month schedule for the monthly progressive reduction of exports duties applicable to goods classified under the tariff classification numbers listed therein (goods from the chemical, plastics, fertilizers, and automotive sectors which were previously subject to 4.5% and 3% export duties.), setting exports duties at 0% as of June 1, 2027.
- Establishes in its Annex III a 12-month schedule for the monthly progressive reduction of exports duties applicable to for the goods classified under NCM 2707.30.00, 2707.99.90, 2710.12.10, 2710.12.30, 2710.12.90, and 2710.19.19 (certain petroleum‑derived fuels), in cases where the international price of crude oil is equal to or higher than the Reference Value established in Article 7 of Decree 488/2020 setting those exports duties at 0% as of June 1, 2027.
Decree 566 will enter into force today, July 2, 2026, except for the reduction of export duties for goods listed in Annex I thereto, which entered into force on July 1, 2026.
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For further information, please contact Gastón Miani or Andrea Callegari.
Amendment to Import Regime for Used Production Lines
Decree No. 483/2026 (hereinafter, “Decree 483”), published on the Official Gazette on 06/23/2026 and in force as from 06/24/2026 which amends the Import Regime for Used Production Lines established by Decree 1174/2016 (herein after, the “Regime”), in order to promote greater competitiveness and employment, expanding its scope, and setting new requirements, deadlines, and procedures. In particular, Decree 483:
- reduces the minimum investment requirement in new domestic goods from 30% to 10% of the FOB value of imported used goods;
- keeps the age limit on goods to be imported (no more than 20 years) but extends it to 30 years for those that have undergone reconstruction and/or updating processes to extend their useful life cycle;
- reduces the timeframe for project implementation to one year, allowing for an extension for justified reasons;
- expand the object to include plants dedicated to energy generation;
- includes used goods intended for the treatment and/or disposal of air, soil, and/or water pollutants that are integrated into plants producing tangible goods or energy, whether new or already existing, located within the premises of the beneficiary company, as well as goods intended to form and install an automated smart storage system (smart warehouse);
- allows importing goods under the Regime with proof that the application is in process
- introduces changes regarding compliance control and penalties;
- keeps the benefit of a 75% reduction in import duties applicable to the goods imported under the Regime, clarifying that newly imported goods will be taxed at the current standard rate;
- keeps the provision that exempts used goods imported under the Regime from the rules of Resolution 909/1994 of the former Ministry of Economy, which regulates the import of used capital goods; and
- instructs the Collection and Customs Control Agency (“ARCA”, as per its acronym in Spanish) to issue the necessary regulatory measures for implementation within 30 days.
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For further information, please contact Gastón Miani or Andrea Callegari.
Export Duty Reduction Applicable to Grains and Subproducts
Decree No. 423/2026 (hereinafter, “Decree 423”), published on the Official Gazette on 06/03/2026 and in force as from 6/04/2026, reduces export duties applicable to grains and subproducts as follows:
- Wheat, barley, malt (grains/seeds and by-products): reduction of up to 2 percentage points from the effective date of Decree 423 (Annex I).
- Soy, corn, sunflower, and sorghum (grains/seeds and by-products): gradual reduction between January 2027 and December 2028 according to the schedule provided there, applicable according to the shipping date declared in the Sworn Statement of Export Sale (“DJVE”) (Annex II)
- Soy and its derivatives: the schedule contemplates a decrease of 0.25 percentage points per month starting in January 2027 and 0.5 percentage points per month starting in January 2028, applicable according to the shipping date declared in the DJVE (Annex II).
- Biodiesel made from alternative oils, such as safflower, rapeseed, carinata, and camelina: reduction to 0% (Annex III)
- Biodiesel not included in the previous point: reduction schedule of 0.25% monthly starting in January 2027 and 0.50% monthly starting in 2027.
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For further information, please contact Gastón Miani or Andrea Callegari.