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DoubleTaxation.tax residence check for U.S. taxpayers abroad

Tax residence in Argentina for U.S. citizens and green card holders

Argentina does not count days: a foreigner becomes resident from the 1st day of the month after obtaining permanent residence or completing 12 months under temporary migration authorisations; trips away totalling up to 90 days in any 12-month period do not interrupt the period. Argentine citizens remain resident wherever they live until they lose that status. A resident pays Impuesto a las Ganancias on worldwide income and the annual wealth tax (Bienes Personales) on assets in Argentina and abroad. There is no income tax treaty between the United States and Argentina, so dual residence is not resolved; Argentina credits foreign income tax under its own law, and the U.S. side relies on the foreign tax credit or the foreign earned income exclusion.

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Free, no sign-up, about 3 minutes. Conclusion under U.S. law, compared with the law of Argentina and the tax treaty.

When Argentina treats you as a tax resident

Argentina determines the residence of individuals mainly by citizenship and migration status, not by a day count. An Argentine citizen is resident until he or she loses that status under art. 117 LIG; a foreigner becomes resident on obtaining permanent residence or after living 12 months under temporary migration authorisations.

A foreigner with permanent residence (residencia permanente) is an Argentine resident from the 1st day of the month after obtaining it, whatever the number of days in the country.

Without permanent residence a foreigner becomes resident after 12 months in Argentina under temporary migration authorisations. Trips away totalling up to 90 days in any 12-month period do not interrupt the period. Residence begins on the 1st day of the following month, so 12 months ending in December make you resident only from 1 January of the following year.

Art. 123 LIG excludes certain categories of foreigners from residence even after 12 months in Argentina: diplomatic and consular staff, representatives of international organisations, people staying for substantiated work reasons for no longer than 5 years, and students and researchers on scholarships. In addition, a foreigner without permanent residence may show ARCA in advance that his or her stay does not indicate an intention to reside permanently (art. 116 LIG, art. 281 Reglamentación).

Art. 123 LIG excludes certain categories of foreigners from residence even after 12 months in Argentina: diplomatic and consular staff, representatives of international organisations, people staying for substantiated work reasons for no longer than 5 years, and students and researchers on scholarships. In addition, a foreigner without permanent residence may show ARCA in advance that his or her stay does not indicate an intention to reside permanently (art. 116 LIG, art. 281 Reglamentación).

An Argentine resident (citizen or foreigner) loses that status on obtaining permanent residence in another State or after 12 continuous months abroad (visits totalling up to 90 days in any 12-month period do not interrupt the period). The loss takes effect from the 1st day of the following month. A U.S. green card is lawful permanent residence in the United States; a U.S. citizen who moves to the United States obtains no such status there, so the 12-month rule applies.

An Argentine resident (citizen or foreigner) loses that status on obtaining permanent residence in another State or after 12 continuous months abroad (visits totalling up to 90 days in any 12-month period do not interrupt the period). The loss takes effect from the 1st day of the following month. A U.S. green card is lawful permanent residence in the United States; a U.S. citizen who moves to the United States obtains no such status there, so the 12-month rule applies.

An Argentine resident (citizen or foreigner) loses that status on obtaining permanent residence in another State or after 12 continuous months abroad (visits totalling up to 90 days in any 12-month period do not interrupt the period). The loss takes effect from the 1st day of the following month. A U.S. green card is lawful permanent residence in the United States; a U.S. citizen who moves to the United States obtains no such status there, so the 12-month rule applies.

Loss of residence does not take effect for someone who, having become resident of another State, continues to live in Argentina or returns to live there: art. 122 LIG applies its own criteria for resolving dual residence (there is no treaty with the United States, so these criteria apply, art. 3 RG 4236).

The first test of art. 122: whether you keep a permanent home in Argentina — a dwelling continuously available to you (owned, rented or provided), not a dwelling for a short stay.

If you have a permanent home only in Argentina, you are its resident under art. 122 (a). If you have a home in both States, the centre of vital interests decides (art. 122 (b)).

The centre of vital interests is the State of the closest personal and economic relations taken together; if they are in different States, ARCA gives priority to personal relations (art. 3 RG 4236).

If the centre of vital interests cannot be determined, habitual abode decides: you are an Argentine resident if in the calendar year you stayed there longer than in the State of your other residence (art. 284 Reglamentación).

With equal stays in both States, only an Argentine citizen remains an Argentine resident (art. 122 (d)).

No days are counted for Argentine citizens: residence lasts until one of the grounds for loss under art. 117 LIG occurs.

In the year you obtain it, Argentina treats you as resident only from the 1st day of the following month; until then you are taxed as a non-resident.

Before residence begins, Argentine-source income is taxed as income of a non-resident (35% withholding on deemed net income).

Argentina splits the year: the status changes from the 1st day of the month following the event. Loss of residence must be proved to ARCA (art. 2 RG 4236, art. 25 RG 5803/2025).

The burden of proving the loss lies on the taxpayer (art. 2 RG 4236).

The conclusion is «probable», because ARCA will deregister you only once the evidence is filed; the loss occurs automatically by law, but administrative practice requires proof.

Art. 122 is a domestic Argentine rule; with no treaty with the United States it does not limit the United States' right to treat you as its resident or to tax you as a citizen.

The centre of vital interests is assessed on personal and economic ties taken together, with priority to personal ties (art. 3 RG 4236).

Time spent in the calendar year is compared (art. 284 Reglamentación).

The citizenship criterion of art. 122 works only in Argentina's favour: a citizen of another State with equal stays does not become an Argentine resident.

The order of criteria (a)–(d) of art. 122 is not reconciled with (b) in the law: read literally, (a) covers anyone with a permanent home in Argentina. We found no case law from official sources.

Clarify the facts about your home, centre of vital interests and days spent in both States.

For foreigners the number of days by itself does not matter: what matters is migration status and 12 months under temporary authorisations.

The law does not say how the rule of art. 116 inc. b) on 12 months under temporary migration authorisations applies to such citizens, who no longer need migration authorisations. If you actually live in Argentina, the conclusion may differ — get professional advice.

The exception applies only to foreigners who were not Argentine residents when hired or when they started work.

The law does not specify how the 5 years are counted or what happens after them; the work reasons must be documented. Hence the conclusion is «probable».

If you receive any other pay besides the scholarship, the exception does not apply.

The confirmation is filed only once. Under art. 281 (third paragraph) of the Reglamentación, if you stay on in Argentina after the period ends, the rules of art. 116 LIG on acquiring residence apply (the article refers to the last paragraph of art. 116); how this is applied in practice is not settled.

A foreigner's residence depends on migration status and the 12-month period, not on days in the calendar year.

When you are a nonresident

Where the rules of Argentina clash with U.S. tax rules

What else to know

How dual residence is resolved

There is no income tax treaty in force between the United States and this country.

Terms you will come across in Argentina

Impuesto a las Ganancias
income tax; residents pay it on worldwide income at 5–35%
LIG
Income Tax Act (Ley de Impuesto a las Ganancias, t.o. 2019); residence — arts. 116–123
ARCA
Argentina's tax authority; loss of residence must be proved to it
residencia permanente
permanent residence: makes you resident from the 1st day of the following month
Bienes Personales
annual wealth tax; residents pay it on assets in Argentina and abroad
responsable sustituto
substitute taxpayer in Argentina who pays Bienes Personales for a non-resident

Questions

Is there a tax treaty between the U.S. and Argentina?

No. The United States is not on Argentina's list of treaties in force; there are only transport agreements, a tax information exchange agreement and the FATCA agreement. So nothing resolves dual residence, and Argentine withholding on pay, dividends, interest and royalties is not reduced. There is no U.S.–Argentina social security agreement either.

When does a foreigner become an Argentine resident?

With permanent residence, from the 1st day of the month after obtaining it, whatever the number of days. Under temporary migration authorisations, from the 1st day of the month after completing 12 months; trips away totalling up to 90 days in any 12-month period do not interrupt the period. Diplomatic staff, people in Argentina for work reasons for up to 5 years and scholarship students or researchers do not become residents.

How do I end Argentine residence when I move to the United States?

Residence is lost from the 1st day of the month after you obtain permanent residence abroad — for example a green card — or complete 12 consecutive months outside Argentina (visits totalling up to 90 days in any 12-month period do not interrupt the period). You must prove the loss to ARCA and deregister from Ganancias and Bienes Personales; until then ARCA treats you as resident.

Sources

Legislation and official guidance

Updated 2026-11-10. The result is for information only and is not tax or legal advice. Tax authorities and courts may interpret the rules differently, including because of circumstances not covered here, and the law changes. Consult a qualified adviser before making decisions.

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