Tag Archives: ARGENTINE

Real Estate: In Argentine Development, Vineyards and Villas – Argentina

New York Times – By NICHOLAS GILL

TUNUYÁN, ARGENTINA — “I’m a Texas boy and love the ranch; this reminds me of that,” said Michael Brochu, a semiretired tech executive from Seattle who is awaiting the completion of his villa at The Vines of Mendoza, a development in the foothills of the Andes.

“Big open spaces,” he said. “It’s like Napa 30 to 40 years ago.”

Mr. Brochu first heard of the development, on 400 hectares, or 1,000 acres, when he purchased eight hectares of vines several years ago through its vineyard estate program.

According to the development’s Web site, more than 100 investors have already planted 280 hectares with 18 varieties of grapes, like Malbec and Syrah. A team of experts is available to help guide owners, and to produce wine at the development’s own facility.

When Mr. Brochu heard that the company would be building villas adjacent to the vineyards, he jumped at the opportunity. “The key for us is the whole concept,” he said. “We can participate as little or as much as we want. We drink wine, but we didn’t want to be in the wine business. It’s more of a lifestyle.”

The one- and two-bedroom residences — made of wood, brick and concrete — range from $350,000 to $900,000, depending on the layout and size of the plot. (Many real estate transactions are done in Argentine pesos, but developments seeking international buyers generally price properties in dollars.) Twenty-two villas are scheduled to be completed by the Vendimia, the grape harvest in March.

But The Vines of Mendoza — established in 2005 by Michael Evans, an American entrepreneur, and Pablo Giménez Riili of a well-known Argentine winemaking family — is far from being the valley’s only new development.

While several projects, like the 310-hectare Valle de Uco, were put on hold in the wake of the 2008 global downturn, most are preparing for their first residents.

At La Morada de los Andes, near The Vines of Mendoza, 83 lots are under development on more than 400 hectares of vineyard. Land prices range from $90,000 to $160,000, with construction costs estimated at $1,600 a square meter, or $150 a square foot. The first structures, including the clubhouse, are expected to be completed by the end of the year.

Title transfers involving residential property are much simpler than those for farmland, said Steve Rosberg, the founding and managing partner of Ushay Investments. “The lots are residential, not agricultural, and this is an important distinction,” he said. The development company owns La Morada, as well as the sleek Fierro Hotel in Buenos Aires and Los Arbolitos, the for-profit vineyard investment trust that owns the vines around La Morada. Its grapes are sold to area wineries, with the trust supervised by Mr. Rosberg’s son Andres, president of the Argentine Sommelier Association.

Homeowners at La Morada may invest in Los Arbolitos, but even if they do not, small amounts of the wine will be allocated to them and sold in the clubhouse to help offset their expenses. Also, the developers say there will be opportunities to defray their costs through rentals.

“We will provide full property management services so that they make revenue from their non-occupancy time,” he said. “We estimate that a gross 8 percent return as a very conservative projection.”

Spanish and Italian immigrants planted vines in the Uco Valley as early as the 1920s, but the valley, which is 70 kilometers long, or 45 miles, was considered too far from Mendoza, the provincial capital in central Argentina. Most of the region’s wine production was concentrated closer to Mendoza, in Luján de Cuyo and the Maipú Valley.

In the early 2000s, when Argentine wine began to take off on the global market, top names like O Fournier, Achaval-Ferrer and Catena Zapata decided the valley had the potential to produce intense wines with relatively low acidity.

Surrounded by snowcapped Andean peaks, the region often draws comparisons to the Napa Valley, north of San Francisco, for its tourism potential, which includes outdoor activities like skiing, biking, and horseback riding.

While wine is a central element to all of the Uco Valley’s developments, some, like Tupungato Winelands and Algodon Wine Estates, are becoming lifestyle complexes, with golf courses, polo fields, boutique hotels, spas and a country-club atmosphere.

“For the Mendoza wine and real estate market, the first thing that has to be said is that it has been growing steadily for 15 years now,” said Andrés Ostropolsky, a Mendoza-based sales associate for Sotheby’s International Realty. The agency lists many properties in the region, ranging from vineyard estates at Casa Palmero to Casa de Uco, a vineyard complex where private home sites, as well as a hotel and spa, are under construction.

According to Mr. Ostropolsky, the asking price per uncultivated hectare ranges from $12,600 to $39,000, while the price per hectare of vineyard ranges from $35,000 to $98,000, depending on the location. In comparison, the price for a prime hectare of vineyard in Napa Valley ranges from $500,000 to $750,000.

“This growth has not been explosive, but continuous over time,” Mr. Ostropolsky said of Uco Valley prices. “The average rate for the appreciation of the land has been around 6 percent” a year.

Foreigners have not been allowed to buy large tracts of land in Argentina. “Recently the Congress has issued a law that allows a foreigner to buy up to 1,000 hectares,” Mr. Ostropolsky said. “In terms of vineyards, that’s a huge number. A big vineyard can be one of 150 to 250 hectares at the most.”

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.


Argentina Wills, Inheritance Law, Probate, Equity, Estate and Succession Planning Buenos Aires Lawyer attorney law firm

Probing Probate: What You Should Know

Probate is a term that is used in several different ways. Probate can refer to the act of presenting a will to a court officer for filing — such as, to “probate” a will. But in a more general sense, probate refers to the method by which your estate is administered and processed through the legal system after you die.

The probate process helps you transfer your estate in an orderly and supervised manner. Your estate must be dispersed in a certain manner (your debts and taxes paid before your beneficiaries receive their inheritance, for example). Think of the probate process as the “script” that guides the orderly transfer of your estate according to the rules. (For more info, see What’s a Probate Estate All About?)

Many people think that probate applies to you only if you have a will. Wrong! Your estate will be probated whether or not you have a will.

– With a valid will: If you have a valid will, then your will determines how your estate is transferred during probate and to whom.
– Without a valid will: If you don’t have a will, or if you die partially intestate, where only part of your estate is covered by a valid will, the laws where you live specify who gets what parts of your estate.

So read on for a few important points about probate you need to know.

The probate process

Even though you won’t be around when your estate goes through probate (after all, you’ll be dead), you need to understand how the probate process works. At the most basic levels, the probate process involves two steps:

– Pays debts you owe
– Transfers assets to your beneficiaries

A state court called the probate court oversees the probate process.Because probate courts are state courts and not federal courts, the processes they follow may vary from one state to another. Yet despite their differences, these courts all pretty much follow the same basic processes and steps, which typically include:

– Swearing in your personal representative
– Notifying heirs, creditors, and the public that you are, indeed, dead
– Inventorying your property
– Distributing your estate (including paying bills and any taxes)

Swearing in your personal representative

In your will, you name who you want to be your personal representative — that is, the person in charge of your estate after you die. However, the court determines the personal representative for your estate under the following circumstances:

– You die without a will.
– You have a will but for some reason didn’t specify who you want to be your personal representative.
– The person you selected has died or for some reason can’t serve — and you didn’t “bring in someone from the bullpen” to replace your original choice.

A family member, such as your spouse or an adult child, can request that the court appoint him or her as the personal representative for your estate. Regardless of who is finally selected, the court gives your personal representative official rights to handle your estate’s affairs. As evidence that this person has the authority to act on behalf of your estate, the court gives your personal representative a certified document called the Letters of Administration or Letters Testamentary.

In either case, the personal representative named in your will or determined by the court has to first be formally appointed by the court before officially entering into office (the term that’s used). Usually this involves that the personal representative take an oath of office, after which he or she will then receive the official documentation showing his or her status (the Letters of Administration or Letters Testamentary we mention above).

Your personal representative files a document called a Petition for Probate of Will and Appointment of Personal Representative with the probate court. This petition begins the probate process. If you have a will, the probate court issues an order admitting your will to probate. Basically, the court acknowledges your will’s validity. (Check out Status of Your Will: Testate or Intestate? to get the lowdown on how the law sees your will.)

Notifying creditors and the public

Some state laws require your personal representative to publish a death notice in your local paper. The death notice serves as a public notice of your estate’s probate and enables people who think they have an interest in your estate (such as creditors) to file a claim against your estate within a specified time period.

The notice is part of the process to make the matters of your estate part of the public record. Some people view the general public’s ability to review your private estate matters as one of probate’s disadvantages.

Inventorying your property

The personal representative must inventory the different types of property — real and personal — that make up your estate so that your estate value can be determined. This inventory is important for a couple of reasons:

1. To make sure you left enough to cover your debts and distributions to beneficiaries: If your estate doesn’t meet the monetary obligations of both your estate creditors and your property transfers to your beneficiaries, it’s subject to abatement statutes, meaning that one or more beneficiaries may receive less than you had wanted or even nothing at all.
2. To ensure that all property is accounted for. Your personal representative is in charge of collecting and inventorying your estate’s assets to make sure that all property is available for distributing at the end of the probate process. (Your beneficiaries, of course, will want to know what assets are in your estate.) If property is missing or not in your ownership at the time of your death, ademption statutes become relevant. These statutes determine if a replacement asset or cash equivalent should replace the missing property intended for your beneficiary.

You should already have a pretty good idea of what your estate is worth so that you can make intelligent choices for your estate plan. Obviously, your personal representative needs to know this information, too. So make sure that your personal representative has easy access to the list that shows what your estate includes and what your assets are worth. Even a slightly out-of-date list can serve as a starting point so that your personal representative doesn’t have to create an inventory from scratch. (The Essentials of Marshalling Estate Assets shows you what your representative will have to do after you pass away.)

Distributing the estate

The final step in the probate process is the distribution of your estate property. In other words, everyone (ideally) — both your creditors and your heirs — gets what’s coming to them.

Creditors that have a valid claim are likely to be paid in the following order (though the order varies from state to state):

1. Estate administration costs (legal advertising, appraisal fees, and so on)
2. Family allowances
3. Funeral expenses
4. Taxes and debt
5. All remaining claims

Whatever’s left after your creditors get their money is distributed to your heirs or to the beneficiaries you named in your will. If you died without a will, the laws in your state determine how your property is distributed.

If probate proceeds according to plan and all notices and communications are properly handled, your personal representative is usually protected against any subsequent, late-arriving claims. Your personal representative will be protected after some specified time period expires.

Some complicating factors to the probate process

Some probate processes can be relatively straightforward, while others can be particularly complicated depending on how complicated an estate is. The following sections describe some of the more common complicating factors about probate that you will likely encounter.

What’s probated where: Differences between states

All states have probate, and all the types of property that make up your estate — real and personal — may be part of your estate’s probate. Tangible and intangible personal property, like your collectibles and your stock portfolio, are probated in the state where you live, but your real estate is probated where the property is actually located. So if you live on a farm in Pennsylvania and also have a vacation condo in Florida, you’ll have two probates.

Probate or not: Differences between types of property

Another common misconception is that probate applies to all of your estate. Actually, probate handles the processing of all assets in your probate estate. Your probate estate is made up of all the property that’s distributed through probate; the remaining property is called nonprobate property.

In a general sense, probate assets are those you own alone, while you own nonprobate assets jointly with others and to whom those assets will pass automatically upon your death. Nonprobate assets also include assets that pass to a named beneficiary: a life insurance policy, for example. Because these nonprobate assets pass to someone automatically, there is no need for probate.

The proven Buenos Aires – Argentina same probate lawyer professionals at the Kier Joffe  law firm have experience working with foreign clients involved in probate cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in all areas of probate law, including but not limited to probate process 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 probate lawyer in Argentina.


New York taxi mogul retains Kier Joffe Attorneys at Law to buy a Plot of Land in La Dolfina Polo Ranch by Adolfo Cambiaso the best Polo Player in the World.

La Dolfina is Adolfo Cambiaso’s personal life project. It was conceived thinking in a concept of life quality, polo lifestyle and family, aiming to make it the premier polo destination in the world: Argentina.

The world’s best polo player was born in Cañuelas on 14 April 1975. He started playing at age 12 in La Martina, stay in his family is Vicente Casares. In 1988, at age 14, won the Desert Campaign Cup and the following year Renault Cup, reaching the six-goal handicap.His big year was 1994: he won the triple crown (Tortugas Open, Hurlingham Open and Argentine Open in Palermo) with Ellerstina and became the youngest player to reach 10-goal handicap. He was 19. He also holds the record of 16 goals in one game and the record of 67 goals in the championship in 1998.Since then he received numerous awards, including the Olimpia de Plata in 1997.In 2005 he founded his own team, La Dolfina, with Lucas Monteverde Mariano Aguerre and Bartolome Castagnola.Adolfito is married to model Mary Vazquez. They have two children Mia and Adolfo Jr., born in the midst of a party that Adolfito played in the Argentine Open Centaurs against Beaufort.It stands out not only as one of the best polo players in the world, but in its simplicity. “I am very simple and very relaxed. I do not mean more than enough. I am happy to be in a good team, with people like me. Playing with the guys who really enjoy themselves and live to be eighty, if I can. Having a family and have children, “he said when beginning his brilliant career”.

From the City of Buenos Aires the quickest and easiest way is to drivethe Avenida 9 de Julio direction opposite to river until AutopistaRiccheri (freeway). Hop onto this freeway and keep driving aprox 20 minutes (you will pass two tolls). When you see the sign that says Autopista Ezeiza Canuelas (205), take it and drive aprox 15 minutes (you will pass one toll). Then you will se a sign that says ALEJANDRO PETION.Take this direction left about 5 minutes (this street is called Calle Vissir). The road will end in a Country Club, you will see that entrance.That is road 205, that you will need to make a left about half a mile. The first available road (take it right), is the road that after a mile drives you to La Dolfina Polo Club. You will see the signs of the Club.The access to the Polo Ranch will be specified soon as the road is under construction. By now, the best way to get there is through La Dolfina Polo Club.

Argentina is the second larger country in South America after  Brazil. Located in the south of America,  is bounded by Chile, Bolivia, Paraguay, Brazil and Uruguay. Argentina is currently divided in 23 provinces and the Autonomous city of Buenos Aires.GeographyArgentina has a varied geography: subtropical forests and fast-flowing rivers to the northeast that give way to the Delta del Parana and to the Rio de la Plata. The premountain high plateau to the northwest has a mountain and desert weather, a central region with fertile pampas and the Patagonia. The Patagonia is located to the south and has huge extensions of prairies, high mountains, big lakes and woods. According to this, Argentina is divided in the following geographical areas: the pampas prairies, the Chaco prairies, the Mesopotamia, the Pampas Mountains, extra Andes Patagonia and oceanic Islands and Antarctica. The Andes region is divided into: north or northeast Andes, Andes from the Center or Cuyana and south Andes.In Argentina one can find all types of weather: though the major part of the country is located in the mild weather area of the South, most of the weather types can be found. Four of those types can be distinguished: subtropical, temperate, dry and cold, each with its corresponding variants.Kinds of weather and its main characteristics: Subtropical with no dry season (Northeast): Temperature is high, mild difference between winter and summer. Many precipitations during the whole year. Subtropical with dry season (North): Really hot during summer and warm during winter. Too many rains, mainly during the summer. Pampas temperate (covers the east pampas and south of the Mesopotamia). Temperature diminishes from the coast to the inside of the country. There is a lot of rain. Transition temperate (covers the west pampas): Summer is warmer and winter is colder due to lack of humidity. The amount of rain is not enough and it rains during the summer. Dry or mountain weather (covers the Puna and the central Andes): during winter it is very cold and during summer it is fresh. There is a wide difference in temperature between day and night. It scarcely rains, mainly in the summer, hence the atmosphere is extremely dry. Dry of the mountains (covers most of the area near the Pampas and pre Andes): Winters are cold and summers are warm. There is a wide difference in temperature between day and night. It scarcely rains, mainly in the summer. Dry cold (Patagonia): Temperatures are low and dry winds blow from the west. The few rains fall mainly in winter. There are a lot of snow precipitations in the south. Snow cold (Argentinean Antartida): Temperatures are below cero centigrade, winds are strong.Demographic SituationCurrently, Argentina’s population is of 36.000.000 approximately. 34% of the whole population is concentrated in the Autonomous city of Buenos Aires and the 19 areas around it (known as partidos, which belong to Buenos Aires). These areas are an extension of the federal district, known as Gran Buenos Aires. 2.960.000 people live in the city of Buenos Aires. It is visited by 7.000.000 people who come from the Gran Buenos Aires every day.Most of Argentina’s population is from Spanish and Italian origin. In general, it is noticeable the prevailing European origin.Argentina’s population growth rate has remained relatively constant since the middle of the 20th Century. It has just varied around 1.6% since 1947. Since then, the city of Buenos Aires has shown an important decrease due to the desire of the inhabitants to live outside the city.Whereas in Gran Buenos Aires there’s been an important increase of the population in the last 50 years and it has grown at an accumulative annual rate of 3.5%.The projections from the United Nations for the year 2025 show a decrease in the population growth rate estimated in 1.1% annually.TourismThe tourism flow during the year 2006there’s been an important increment in the number of tourists who visited Argentina, 15.3% respect to 2005, whereas it the number of people who travelled abroad didn’t change much (eventhough this period is characterized for being historically the most important for tourism).It is important to notice that the flow of tourism is not a phenomenon per sei but a refection of the growth that has been taking place since 2004, as can be seen in the graphic.The balance as regards tourism from 2006 is 37.2% than 2005 and 80% than 2004.European tourists remain the main segment in the IN tourism, 25.4%; followed by Brazil 18%, USA, Canada and the rest of America 15.7%per segment. Tourists from Chile 13%. The rest of the world 8.6% of tourists. Finally, the rest of the bounding countries 3.6%.As regards overnight stayings expenses per tourist, the higher average belongs to tourists from Chile, U$S 130. Though tourists from USA and Canada were the ones who spent more in 4 and 5 star hotels (U$S 230.70).The average stayings in the 1° quarter of 2008 was of 14.1 days, which surpassed the average of the same period the previous year which was 13.7 days. European tourists are the ones who stayed longer (22.9 days), influenced by those who stayed at friends or relatives, those surpassed the month.The average expenses per traveller in this period was U$S 1.062, similar to the previous year.The province of Buenos Aires is the most populated of Argentina, almost 14 millions of inhabitants according to the National Census of 2001. It is situated to the east, in the center to the country; among its borders we find the provinces of de Córdoba, La Pampa, Río Negro, Entre Ríos and Santa Fe, as well as the Autonomous City of Buenos Aires which capital is the city of La Plata.Demographically, the province is constitued by a great part of Gran Buenos Aires, with 9.270.661 of inhabitants; more than the rest of the country inhabitants which are 4.556.542.

Argentina’s origin is based in a big influence of European countries. It is very similar in the culture and architecture to France, Spain and Italy. After all the crisis, Argentina recovers and flourishes with all the glamour and beauty as this country can give. Argentina enjoys of one of the nicest weathers in the world. The Pampas is basically a flat huge province (Buenos Aires), that enjoys various rains and makes it a very profitable place. Grain and cattle are big business. A huge income, tied to an important culture, results in a very interesting country with history, sports, tourism and culture.

Stabling your horses in La Dolfina Polo Ranch has never been easier. Top designers will build barns for horses including groom accommodation, tack room, storehouse and sheds for your comfort and your horses’.Perfectly conceived exercise tracks, easy access and maneuvering spots, and all the facilities that a Polo Club must have, following the vast experience of La Dolfina Polo Club, the Polo Ranch is one of the most complete projects of premier polo.

If you are a polo enthusiast ,a horse and outdoor life lover, La Dolfina Polo Ranch is the place for you.  Located 45 minutes from Buenos Aires city, La Dolfina Polo Ranch is the most exclusive development in the polo world. It is situated where the best polo player in the world and history chose to live. La Dolfina Polo Ranch is neighbor with La Dolfina Polo Club, home of Cambiaso and center of polo on the area, where important exhibitions and tournaments are played during the Argentinean season.It is the opportunity for you to find your perfect place, with three spectacular kinds of plots for you to choose from: Plots with your private polo fields, plots overlooking a central lake and plots with a shared polo field. And all the facilities you can imagine including a polo stadium, a boutique hotel and a club house.

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.




Compliance issues that arise for foreign workers in Argentina

Compliance with Migration Law
In Argentina,tourist visas are granted for a term of up to three months and may be extended for another three months upon their expiration.If a foreigner enters the country under the category of tourist, he or she will not be legally entitled to render services or perform productive work in Argentina.

Argentine migratory regulations establish that if a foreigner intends to work in Argentina for a short period of time, he or she may request a Temporary Work Permit. Such permit application does not require any prior processing prior to arrival in Argentina. The foreigner should enter the country as a tourist and only then request the Temporary Work Permit in the National Migration Bureau in Argentina, provided that he or she will render services to an Argentine entity.Temporary Work Permits are issued for up to a maximum term of 30 days (15-day initial period, renewable for another 15 days) and are granted immediately upon their request. Alternatively,citizens from certain countries specifically included in the applicable regulations,who declare upon their arrival that they are visiting Argentina on business,may enter under a special category and stay in the country for a term of up to three months,that may be extended for an additional three months upon its expiration.This category authorizes a limited number of commercial and/or professional activities in Argentina, including consultations, negotiations, business meetings and conferences. Employment under this latter category is not authorized. There are two alternatives for obtaining a work visa:(i) a foreign company who assigns its employee to work in Argentina due to a service or technical assistance agreement with an Argentine company, or (ii) a local company who hires the foreigner and includes him or her as an employee in its payroll.

Compliance with Employment Law

Pursuant to Section 3 of Employment Contract Law (“ECL”),individuals rendering services in Argentine territory must be subject to Argentine labor legislation.This is a mandatory provision because labor regulations are defined as public policy,which means that parties cannot agree to a different law.

The law requires an Argentine-based employer to hire such individuals, once the individual has the work visa. The lack of an Argentine-based employer and subsequent employment with a non-Argentine entity is a violation of Argentine law,and exposes the non Argentine entity to several penalties, including employment,migration, social security and tax. The only exception to this rule would be the case of foreign employees visiting Argentina for a brief period of time due to occasional services in Argentine territory for their foreign employer. Although there is no provision in the employment law about the extension of this occasional stay,a consistent interpretation with the migration law authorizes a stay of up to 30 days. There is no specific provision for employees sent on commission beyond30 days (e.g., due to a services agreement between the foreign employer and an Argentine entity,to install a machine,to research the market, etc.),and there is a grey area. As explained above,the Migration authority grants a work visa for such cases and does not require an Argentine entity to be the employer. Furthermore,the Retirement and Pension Law sets forth that those Argentine-based employees sent abroad on commission are still subject to the Argentine law, hence a converse construction could be made. In any case,it is advisable to have an Argentine employer when the stay exceeds 90 days.To the best of our knowledge there are no relevant precedents regarding the above mentioned scenario. The assignment scheme (also known as secondment), under which the home company maintains employment status and makes certain payments,while at the same time the host company pays certain expatriate benefits,is contradictory to Argentine law. The Argentine regulations require that all compensation paid to the expatriate be declared in the pay statement in Argentina by the Argentine employer, for purposes of employment related benefits,social security and taxes. Therefore,whenever the foreign employer pays compensation to the  expatriate, such payment needs to be declared by the Argentine employer.The only exception to this rule would be the case in which the expatriate performs work for two employers simultaneously, in different jurisdictions, under a dual employment scheme. As regards acknowledgement of services for the group,Argentine labor courts have awarded severance factoring the entire period of services,as opposed to the period worked in Argentina.

Compliance with Social  Security Law

Expatriates working in Argentina are subject to the social security system, under which employees and employers are mandated to pay contributions.

There are two exceptions to this rule:

(i) expatriates who are appointed as corporate directors,and (ii) expatriates who stay less than two years. Under the Argentine Retirement and Pension Law,corporate directors are obliged to pay contributions as “independent workers”,as opposed to “dependent workers.”Corporate directors who also work as employees can opt to contribute as employees, but otherwise are exempted. The Argentine Retirement and Pension Law also provides that either the employer of foreign scientists, professionals or technicians (“expatriate”) or the expatriate may request from the social security authority an exemption from social security payments for up to a two year period. The reduction is effective as from the date of filing the request.If the authority does not approve the exception,the employer must pay the outstanding social security contributions plus interest. Additionally,Argentina has signed several social security treaties,which in general terms,allow employees to either factor in the period within which they have worked in Argentina to obtain a retirement or pension-related benefits in their home country, provided that their home country has executed a social security treaty with Argentina, and/or to continue to be affiliated with the social security system of the home country for a limited period of time (i.e., between one and two years).In the latter case,the employees must follow a procedure required by the corresponding authorities of both countries. Because there is no totalization agreement between the United States and Argentina,social security payments will need to be made in Argentina,with the exception of the professionals and technicians who come to work for less than two years.

Compliance with Tax Law

Income Tax

The Argentine employer is required to withhold income tax (and social security contributions,if applicable) on a monthly basis.The tax base for withholding and contributions is the total salary and in-kind benefits the employee receives. The employee will be treated as an expatriate taxpayer,which permits the employee to be taxed only on his or her Argentine source income for the first five years worked in Argentina.After five years in Argentina,the expatriate will be subject to income tax on his or her worldwide income from 9 percent to 35 percent depending on the net taxable income of the employee. Expatriates who reside in Argentina for less than six months are subject to a flat withholding tax of 24.5 percent on their gross Argentine source income, rather than the regular progressive tax rates referred to above.The taxable income for expatriates working in Argentina for more than six months in a calendar year is subject to income tax withholding ranging from 9 percent to 35 percent depending on the net taxable income of each employee Individuals who reside in Argentina for more than six months in a calendar year are entitled to deduct an amount equivalent to AR$9,000 (approximately US$2,330) from their gross income.In addition,a standard annual tax deduction equivalent to AR$34,200 (approximately US$8,860) is available for benefits received for services arising from a labor relationship.

Personal Assets Tax

If the expatriate remains in Argentina for less than five years, he or she will be subject to Personal Assets Tax on assets held in Argentina exclusively.The applicable rate ranges from 0.5 percent to 1.25 percent depending on the valuation of the computable assets. In case the expatriate remains in Argentina for more than five years, he or she will be considered domiciled in Argentina and,consequently,subject to Personal Assets Tax on worldwide assets.The applicable rate ranges from 0.5 percent to 1.25 percent depending on the valuation of the computable assets.

Buenos Aires Argentina Labor and Employment Lawyer

The Buenos Aires Argentina labor attorney professionals of Kier Joffe support clients in human resources planning and restructuring. Modern labor criteria and geographic mobility for companies takes considerable legal prowess, and the Buenos Aires Argentina labor lawyer professionals of Kier Joffe  have the experience and expertise to help. As well, the Argentina labor attorneys have experience in prevention and resolution of individual and collective disputes for clients. Kier Joffe provides labor advice intended to avoid controversies, reduce costs and optimize results, keeping clients permanently informed on the evolution of applicable regulations and their interpretation by perspective governments.

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.


Overseas Judgments and the Australian Jurisdiction – Enforcement & Recovery of Debts

Dealings by Australian businesses with international clients, suppliers and developers are increasing at a rapid rate.

One result of that trend is the need to take into consideration the enforcement of claims brought against overseas-based companies or individuals. Regardless of where one’s business is based, the enforcement of claims brought against overseas-based parties can be difficult, lengthy, expensive and ultimately deeply unsatisfying.  Consideration of such issues, and of the steps that may be taken to improve the prospects of a successful recovery process, is highly recommended as a proactive measure to be taken when setting up dealings with international parties.

When seeking to enforce an Australian judgment in a foreign jurisdiction, the foreign jurisdiction’s laws on the enforceability of foreign judgments will govern the viability of the process. This article aims to provide a general background regarding the enforcement of Australian judgments in foreign jurisdictions, and the issues that typically arise.


Reciprocal Enforcement Arrangements

Australia is a party to reciprocal enforcement arrangements with many countries in respect of the enforcement of judgments obtained in Australian Courts. The Foreign Judgments Regulations (Cth) 1992, identifies those countries with which Australia reciprocal enforcement arrangements, including New Zealand, Germany, Japan and France. A notable exception is theUnited States, which situation persists despite the introduction of the Australia-United States Free Trade Agreement.

The terms of reciprocal enforcement arrangements differ from country to country. Reference must be had to the legislation of the relevant country in order to identify which Australian Courts (and, therefore, the judgments of those Courts) are recognised in that country, and to identify the applicable enforcement process.  A major benefit of there being an applicable reciprocal enforcement arrangement is the enforcing court will be unlikely to require that the merits of the Australian Court’s decision be re-visited.

Typically, when seeking to enforce an Australian judgment in a foreign jurisdiction with which Australia has a reciprocal enforcement arrangement, the judgment must:

• be final and conclusive – it is worth noting that in some foreign jurisdictions, even if an appeal of the Australian judgment is pending, the judgment may be viewed as ‘final and conclusive’ for purposes of seeking enforcement in those foreign jurisdictions.  Special rules may apply to default judgments;
• concern a matter regarding which the Australian Court held the jurisdiction to hear;
not conflict with local public policy in the jurisdiction in which enforcement of the judgment is sought – i.e. the terms of the Australian judgment, or the claim(s) determined by that judgment concern matters must not offend the public policy of the jurisdiction in which enforcement of the judgment is sought.  For example, judgments awarding exemplary damages are not recognised in some countries, and statutory interest attaching to Australian judgments may not be enforceable in countries that follow Sharia Law, which is often the case in Middle Eastern countries such as the United Arab Emirates;
– be a money judgment – i.e. the judgment cannot be an equitable order for an injunction or for specific performance;
– be made in respect of proceedings for which proper notice had been given – i.e. notice had been properly served on the overseas-based debtor pursuant to the procedural rules of the Australian Court that issued the judgment; and
– be given by a Court that is recognised as a court of sufficient standing by the foreign jurisdiction – i.e. whilst judgments given by the superior courts (e.g. the Supreme and Federal Courts) are generally recognised, reciprocal enforcement arrangements do not always provide that all Australian Courts will be recognised.

Access to the enforcement processes in a foreign jurisdiction is entirely dependant upon the laws of that country. Generally, a verified copy of the original Australian judgment, together with a translation of the judgment into the official language of the foreign country, should be provided to the applicable judicial body, together with:

– an affidavit setting out the particulars of the debt that is the subject of the Australian judgment and identifying the location of the overseas debtor; and
– written submissions confirming that the Australian judgment meets the substantive requirements of the relevant reciprocal enforcement agreement.

Non-Reciprocal Enforcement Arrangement Jurisdictions 

In foreign jurisdictions for which reciprocal enforcement arrangements are not in effect, generally the judicial authorities will not recognise Australian judgments as being the final determination on the merits of the claims raised in the Australian proceedings.  It is highly likely the merits of the Australian judgment will be re-examined by the judicial authorities of the foreign jurisdiction, potentially requiring a complete re-prosecution of the original claim.

In addition to any factual defences the overseas debtor might raise against the claim, the debtor may also be entitled to raise defences such as lack of jurisdiction, fraud, public policy considerations that are local to the foreign jurisdiction in which proceedings have been commenced, and denial of natural justice.

International Arbitration – an Alternative 

For cross-border commercial dealings, private arbitral proceedings are a commonly accepted alternative to the prosecution of claims through the court systems.  A prerequisite to taking a matter in dispute to arbitration is the parties’ agreement to accept arbitration.  Generally, the parties will make such an agreement when they enter into the contract that governs their commercial dealings.  Contracts that contain provisions to resolve disputes by arbitration typically set out the terms by which the rules governing the arbitration are selected, the body of law governing both the contract and the arbitral proceedings, the arbitral venue, the language in which the proceedings will be conducted, and perhaps most importantly, the parties’ agreement that arbitral awards will be binding on the parties and may be enforced in any courts that have jurisdiction over the party against which enforcement is sought.  That the parties did not agree at the time of contracting to accept arbitration does not preclude their later agreeing to do so, but this may lessen the likelihood of the parties agreeing to accept arbitration when a dispute arises.  Acceptance of arbitration as an alternative to pursuing claims through the courts is also becoming more common in purely domestic commercial dealings.

The election to resolve matters in dispute through arbitration proceedings often yields a number of benefits to the parties such as; the dispute may be heard by an industry specialist, the proceedings are frequently implemented much more quickly and then heard in less time, the avenues of appeal are limited, and the cost of arbitration often works out to be a fraction of the cost of proceedings conducted through the courts.

The Convention on the Recognition and Enforcement of Foreign Arbitral Award (“New York Convention”) and the UNCITRAL Model Law on International Commercial Arbitration (“UNCITRAL Model Law”)obligates courts from participating countries to recognise and enforce private arbitral awards made in a country that is a party to the New York Convention. At the time of writing, more than 140 countries are parties to the New York Convention. By contrast, there are only some 30 countries that have reciprocal enforcement arrangements with Australia.

The New York Convention identifies a range of grounds upon which a party against whom an arbitral award has been made, may seek to persuade a foreign court not to enforce the award.  These include; the party was subject to some incapacity, recognition and enforcement of the award is contrary to the public policy of the country in which enforcement is sought, or the award dealt with matters that fell outside the matters submitted for arbitration.

Given the wide acceptance of the New York Convention and its relatively straightforward operation, providing for resolution of disputes by arbitration in international commercial dealings is certainly worth considering, particularly where the counterparty is domiciled in a country, such as the United States, that does not have a reciprocal enforcement agreement with Australia.

Our top lawyers in Buenos Aires Argentina can advise parties both in respect of debt recovery and claims enforcement options available when dealing with a overseas-based parties as well as when negotiating appropriate terms of agreements to frame your commercial dealings with parties situated outside Australia.

The best Law firm, top Lawyers in Buenos Aires, Argentina, Attorneys, Advocates, Solicitors and Barristers.

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.