Author Archives: Elias Kier Joffe

Argentina Just Might Get Its Act Together

Forbes.com – by Lawrence Goodman

Argentina seems to be on a collision course of its own making.  Inflation is soaring and investment is on the wane.  Despite being the third largest economy in Latin America with abundant resources, Argentina no longer has access to voluntary capital inflows and the growth that funding affords.

The republic faces the threat of a currency crisis that could readily spiral to high double-digit inflation.  In years past, excessive inflation eroded incomes and wiped out the savings of individuals.  Despite intentions to benefit the poor, an unsustainable macro mix, difficult dealings with the private sector, and increasing international isolation promises to again diminish living standards.

Argentina’s foreign exchange policy and breach of international contracts represent obstacles to attracting financing for many worthy projects.  Currency is now rationed by the government.  So, an insufficient supply of available dollars threatens to stymie economic activity in the private and public sectors.  These barriers also incent foreign and local participants to move funds from Buenos Aires toMiami, Zurich or London rather than putting them to work in Argentina.

To circumvent currency limits, the private sector deftly employs a shadow exchange rate called the “blue chip swap.”  Yet, the costs of doing business via the Blue chip exchange rate are high – as securities priced in U.S. dollars must be purchased and exchanged to obtain scarce foreign currency.  In other words, there are two separate exchange rates in Argentina.

Memories of dual or multi-tiered exchange systems are limited, as they are fortunately relics of the distant past.  However, previous experiments – stretching from Argentina (1978-81 and 2001-02),Jamaica (1970-78 and 1987-94), Mexico (1982-85), and Venezuela (1984-89) – all ended poorly with a surge of inflation and shortages of basic goods and necessities.

At present, the “blue chip swap” strongly signals the risk of a roughly 40% devaluation of the peso.  So, this cumbersome and costly exchange rate management system either keeps investors sidelined or requires them to attach a hefty premium to any new undertaking.

Investment confidence is also vitally linked to adherence to the rule of law.  Unfortunately, Argentina has racked up lawsuits by individuals and institutions, and many settlements remain outstanding.  For instance, Argentina has not complied with any judgments brought by ICSID, the World Bank’s arbitral body for settling disputes.  Similarly, Argentina has refused to comply with more than 100 judgments in New York State alone ordering it to pay its creditors – including a high profile dispute with holdout creditors.

Fortunately, the government possesses the power to engineer a dramatic turnaround.

Argentina is rich in human and natural resource. Moreover, it has nurtured human resources by implementing policies dedicated to social inclusion.   It is the sixth most literate nation among the top 24 emerging markets in the world today.  On the financial front, the nation sports a strong balance sheet.  Debt is a scant 40% of GDP, well below the safe threshold of 60%.  Similarly, Argentina has grown the economy by an average 7.7% per year since the 2001/02 crisis, while widening its social safety net.

A reversal of rogue behavior on the legal front would free access to capital and help Argentina lower borrowing costs.  For instance, if Argentina’s perceived adherence to the rule of law converged with Brazil’s, as measured by theCenter for Financial Stability’s Rule of Law Index, Argentina could reduce future borrowing costs by a minimum of 735 basis points per year over ten years and open the nation to new sources of funding and growth.

Given the political will, Argentina can engineer a recovery and regain its prominence as a leading G-20 nation by fortifying its social programs through sound fiscal management; moving away from distortionary exchange rate policies; and honoring contracts.  How the Kirchner administration develops the nation’s human and natural resources will either accelerate its downward descent or set the stage for prosperity.

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

www.kierjoffe.com

 

Argentina: How to Transfer Dividends and Profits Abroad (DAPE)

Argentina adopts new early declaration for payments  abroad

How to Transfer Dividends and Profits Abroad from Argentina: Declaracion Anticipada de Pagos al Exterior or DAPE.

This system will enter into force on 1 February 2013 and will also apply to transactions previously agreed whenever any amounts are still outstanding as of that date.

This new DAPE system adds to the already existing early declaration system for services (in Spanish, Declaración Jurada Anticipada de Servicios or DJAS) in force since 1 April 2012, and the early declaration system for imports (in Spanish, Declaración Jurada Anticipada de 
Importaciones or DJAI) in force since 1 February 2012.

The Argentine Federal Tax Authorities (AFIP) issued General Resolution 3417/2012 (published in the Official Gazette on 20 December 2012), creating a new “Early Declaration for Payments Abroad” (in Spanish Declaracion Anticipada de Pagos al Exterior or DAPE). As per this resolution,  Argentine tax residents will be required to file the DAPE through authorities’ web site to disclose information related to payments to be made abroad in relation with the following concepts: a) debts for the purchase of goods not imported into the country and sold to third countries, b) interest, c) dividends and profits, and d) imports through courier or certain simplified mechanism.

The information included in the DAPE fillings will be available for governmental organizations involved in the control of such transactions in order to issue their opinions. The governmental organizations will have a specific timeframe to provide their comments for each DAPE, which will be specified in the agreement that each organization will sign with the AFIP to formalize its inclusion in the system.

Each DAPE declaration will be give an identification number assigned by the AFIP website, which will be required in order to be granted access to the foreign exchange market for the purpose of making the payments abroad.

The information to be provided is detailed and includes among others, dates, amounts involved, characteristics of the agreements, type of goods, parties involved, etc.  In addition, the filling shall include “pdf files” of the corresponding supporting documents (invoices, agreements, board resolutions, etc.) which will also be remitted through the tax authorities’ web site.
It is further explained that in relation with the purchase of goods not
imported into the country and sold to third countries, a DAPE must be filed for each sale transaction, while for interest, a DAPE will be required for each loan agreement, or for each amendment or renegotiation of the loan.

In addition to the foreign exchange regulations in force in the country, which are governed by the Argentine Central Bank, Argentine residents that envisage payments abroad for purchase of goods not imported into the country and sold to third countries, and imports through now need to analyze the effect of this new requirement established by the AFIP on these operations.

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience doing Transfer Dividends and Profits Abroad  (in Spanish Declaracion Anticipada de Pagos al Exterior or DAPE) with foreign clients involved in all type of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

If your company needs help in Argentina to Transfer Dividends and Profits Abroad contact us today.

 

Real Estate in Buenos Aires, Argentina: What to buy now

Everyone in the real estate industry in Buenos Aires agrees.  Real estate agents, brokers, developers and construction companies all point out that the best properties to buy right now are small apartments in good locations priced between US$ 50,000 to US$ 150,000.

The current global financial situation creates uncertainty, even in Argentina where the full effects of the crisis have not been felt as strongly as in the United States and Europe.  The financial markets are unstable and the uncertainty of world economies makes it unadvisable to transfer funds abroad.   The best option for investors in Buenos Aires at the moment is real estate investment.  Property always proves to be a secure investment, at least on a medium and long term basis.  In the short term, it can provide rental income which can yield an annual return of six percent.

Mortgage loans in Argentina have virtually disappeared.  The Cámara Inmobiliaria Argentina has requested that the government reinstate mortgage loans for the middle class.  Such loans accounted for seven percent of real estate sales, but in today’s economy they have disappeared.  In addition to producing a slight drop in sales, this lack of financing forces many people, especially singles and young couples, to rent.

Currently the smartest real estate investment is the purchase or construction of smaller units, one room studios to two bedroom apartments.  Smaller units in good locations are always in high demand as rentals.  A studio apartment is now renting for $900 to $1,100 pesos per month.  Smaller units have lower maintenance costs and in many cases these costs are passed on to the renter.  Apartments in Buenos Aires can be rented with a two year lease or on a temporary basis, usually to foreigners and in US dollars.

Industry experts believe that property values will remain stable, though negotiations will be somewhat more difficult.  Those who are selling already constructed property and are not in need of immediate cash, are unlikely to lower their selling price because they know they will need to pay as much or more for another property.  Premium properties are also retaining their value.

Real estate agents and brokers believe that recent government legislation will help maintain or even stimulate their industry.  The legislation encourages Argentine citizens to legally declare assets held within the country or abroad by taxing them only one percent, as long as that capital is invested in purchasing or constructing real estate property in Argentina.   The new law gives realtors a good leverage point to use when dealing with investors that fall within the parameters of the legislation.

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

www.kierjoffe.com

Real Estate: Why Mortgage Loans are Lacking in Argentina

The availability of credit in Argentina depends on the level of savings deposited in the banking system.

Mortgage lending at present is limited in Argentina because the private sector of the Argentine economy has limited savings.  The situation is further aggravated by the fact that those limited savings often don’t enter the banking system.  Fears of having funds confiscated (as they were in the economic crisis of 2001) and a loss of real buying power drive people to buy US dollars and place them in a safe deposit box or under the mattress. Others simply transfer their funds outside of the country.

When internal savings are lacking, having external savings would be an alternative.  This would mean that foreigners, individuals and companies, from different countries, would deposit funds in the Argentine banking system or purchase national savings bonds.  Since the economic crisis of 2001, however, Argentina has difficulty attracting this type of foreign investment.

This reduction in both internal and external savings greatly reduces the availability of mortgage loans with affordable interest rates.  The limited amount of mortgage lending and the high interest rates most mortgage lenders offer is keeping many middle class families from acquiring their first home or upgrading to a larger home.

The only affordable mortgage loans are subsidized government loans that charge interest rates below market values.  Funding for these subsidized government loans comes from the government’s tax revenues and other revenue sources such as the recent nationalization of private retirement funds.  If government revenues drop, the supply of government loans declines as well.  Currently, the availability of mortgage loans with reduced interest rates is dependent on the government’s limited stock.

Lower income families that might qualify for these lower interest rate loans may still be reluctant to take on the payment responsibility.  An increase in unemployment, a decline in real buying power and an uncertain labor market makes many people put off spending.  They are particularly leary of getting into large debt, as required with the purchase of a home.

To get a sense of the current loan situation, the amount of available mortgage credit has dropped by one third from the year 2000 to the present.  This reduction in mortgage lending means that the vast majority of real estate transactions will most likely continue to be done in cash.

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

www.kierjoffe.com