MUTUAL AGREEMENT REGARDING THE CONVENTION BETWEEN SWITZERLAND
AND ARGENTINA FOR THE AVOIDANCE OF DOUBLE TAXATION ON INCOME AND
ON CAPITAL OF 20 MARCH 2014
Considering that difficulties or doubts may arise as to the procedure for tax residence
certification and the fulfilling of Swiss forms generally used for the application and the
claim of benefits under the Convention of 20 March 2014 between the Swiss Confederation
and the Republic of Argentina for the avoidance of double taxation with respect to taxes
on income and on capital (hereinafter: "the Convention"), the competent authorities of
Argentina and Switzerland (hereinafter: “the competent authorities”) have reached the
following mutual agreement (hereinafter: “Mutual Agreement”).
This Mutual Agreement is entered into under Article 24 paragraph 4 of the Convention and
has also to be read in the context of Article 10 paragraph 2 second sentence and Article 11
paragraph 2 second sentence of the Convention.
Purpose of the Mutual Agreement
1. This Mutual Agreement aims at clarifying the procedure to be applied for the refund or
partial exemption at source of Swiss withholding tax (also known as “anticipatory tax”) on
dividends and interest for tax resident persons of Argentina.
Scope of the Mutual Agreement
2. Argentine tax residence shall be certified for the purpose of Swiss forms used for the
refund or partial exemption at source of Swiss withholding tax (also known as “anticipatory
tax”), based on the following six-step procedure:
i. The resident taxpayer of Argentina claiming a refund or partial exemption at source
of Swiss withholding tax on dividends and interest will have to comprehensively fill
in the Swiss Form 60 (refund) or Form 823B (reporting procedure - partial
exemption at source for a substantial participation held by an Argentine company).
ln particular, it is intended that the resident taxpayer of Argentina will have to fill
in all the required copies of the relevant form (e.g. for Form 60: 4 copies) and
provide details to all compulsory fields and answers on questions.
ii. The resident taxpayer of Argentina claiming a refund or partial exemption at source
of Swiss withholding tax under the Convention shall then submit to the Argentine
competent authority for tax residence certification the relevant Swiss form (60 or
823B).
iii. The Argentine competent authority for tax residence certification shall issue a
separate Argentine tax residence certificate based on the Argentine domestic rules
for tax residence certification. The Argentine tax residence certificate shall mention
the date as of when, respectively as of what period, the taxpayer is considered to
be resident of Argentina for tax purposes.
iv. The Argentine competent authority for tax residence certification shall then staple
the Argentine tax residence certificate to the relevant Swiss form (e.g. for Form 60:
"1st copy or 2nd copy for the Federal Tax administration, Bern").
v. The resident taxpayer of Argentina claiming a refund or partial exemption at source
of Swiss withholding tax under the Convention finally submits the relevant Swiss
form, with the stapled Argentine tax residence certificate, to the Swiss Federal Tax
Administration in Bern.
vi. The Swiss Federal Tax Administration, as usual, thoroughly verifies the information
provided in the relevant Swiss form, together with the authenticity of the Argentine
tax residence certificate which has to be stapled to the Swiss form and which cannot
be a photocopied version.
