Foreign ownership of real estate in Argentina: rural land, border zones and buying property as a non resident

Key rules

1. Rural Land Law 26.737 (2011 to 2023): what it said and why it still matters

Law 26.737 was sanctioned on 22 December 2011, promulgated on 27 December 2011 and published in BO 32.305 on 28 December 2011 (Infoleg record id 192150). It was regulated by Decree 274/2012 (BO 29 February 2012) and amended at regulatory level by Decree 820/2016 (BO 30 June 2016). Its main rules were:

• Scope. The law applied throughout Argentina as a public order law to all persons who, directly or through intermediaries, held rural land, defined as any plot located outside the urban ejido regardless of its use (art. 1).
• Who counted as foreign. Foreign individuals, whether or not domiciled in Argentina, subject to exceptions (art. 3(a)); legal persons, local or foreign, where foreigners held more than 51% of the capital or enough votes to form the majority will (art. 3(b)); companies controlled more than 25% by a foreign company (art. 3(b)(1)); persons acting as shareholders without formally being so (art. 3(b)(2)); convertible bonds giving foreigners more than 25% (art. 3(b)(3)); trusts with foreign beneficiaries above the permitted percentage (art. 3(b)(4)); joint ventures and similar contracts (art. 3(b)(5)); foreign public law entities (art. 3(c)).
• Exempt foreign individuals. Those with 10 years of continuous, permanent and proven residence; those with Argentine children and 5 years of residence; those married to an Argentine for 5 years before the acquisition with 5 years of residence (art. 4). Decree 820/2016 (replacing art. 4 of Decree 274/2012) required proof by a certificate of the National Migration Directorate under art. 22 of Law 25.871 and extended the marriage exception to registered civil unions (uniones convivenciales) counted from registration under CCyC art. 512.
• Caps. 15% of all rural land in the country, also computed at the level of the province and municipality (art. 8); no single foreign nationality above 30% of that 15% (art. 9); no single foreign owner above 1,000 hectares in the "core zone" or the equivalent surface fixed by the Interministerial Council elsewhere (art. 10). Decree 820/2016 defined the core zone as the departments of Marcos Juárez and Unión (Córdoba), Belgrano, San Martín, San Jerónimo, Iriondo, San Lorenzo, Rosario, Constitución, Caseros and General López (Santa Fe) and 22 named districts of Buenos Aires province (Decree 274/2012, Annex I, art. 10.1 as replaced).
• Outright prohibitions. Land containing or bordering large permanent bodies of water, and land in border security zones "with the exceptions and procedures established by Decree Law 15.385/44 amended by Law 23.554" (art. 10, fourth paragraph, items 1 and 2).
• Treaties. For bilateral investment treaties in force, the acquisition of rural land was "not to be understood as investment" (art. 11).
• Sanction. Acts in breach were absolutely void, with no compensation, and participants were jointly liable (art. 7).
• Registry and certificate. The National Rural Land Registry (Registro Nacional de Tierras Rurales) issued a "certificate of habilitation" (certificado de habilitación) that the notary had to request before any transfer to a person covered by the law (art. 14(c)). Under Decree 820/2016 the certificate was valid for 120 days and the notary had to report the deed within 20 days (Decree 274/2012, Annex I, art. 14.1 as replaced).
• No retroactivity. The law did not affect acquired rights (art. 17). Decree 820/2016, art. 8, added that foreigners already above the caps when the law took effect were not obliged to sell the excess and could buy equivalent land if they sold land acquired earlier.

What Decree 820/2016 changed. It replaced arts. 2, 3, 4, 10, 12, 14 and 16 of Annex I of Decree 274/2012. Practically important changes were: rules to compute surface in joint ownership, usufruct, trusts, foreclosures and inheritance (art. 2.2); a rebuttable presumption that a company is foreign only above 51% foreign capital, and a list of share transfers that had to be notified (art. 3); a 90 day period to readjust if a change of control pushed a foreign controller over the cap (art. 14.2(i)); no certificate needed for usufruct, surface rights, land in industrial zones and parks, or forced heir inheritances (art. 14.2(ii) to (iv)); and a 10 working day tacit approval by the provincial water authority on the water body issue while the national water map was pending (art. 10.4).

Why it still matters in 2026. (a) Title checks on farms bought between 2012 and 2023 should confirm that a habilitation certificate was obtained where required, because acts in breach were void under art. 7 (unconfirmed). (b) If the repeal were ever reversed by Congress or a court, the old rules would again be relevant (unconfirmed). (c) Infoleg still shows the 2022 amendment of art. 16 by DNU 729/2022 in the updated text, which can mislead readers into thinking the law is in force; the Infoleg record itself states it is abrogated.

2. Repeal by DNU 70/2023 and its status

• DNU 70/2023, "Bases para la reconstrucción de la economía argentina", was signed on 20 December 2023 and published in BO 35.326 on 21 December 2023 (Infoleg record id 395521). Its recitals state that it is "necessary to repeal Law No. 26.737 which limits the right of property over rural land and investment in the sector".
• Art. 154: "Derógase la Ley N° 26.737."
• The decree has no specific entry into force clause. Under CCyC art. 5, laws apply "after the eighth day of their official publication" unless they set another date (unconfirmed).
• Art. 365 orders that the decree be sent to the Bicameral Permanent Commission of Congress, which under Law 26.122 reviews decrees of necessity and urgency. The recitals cite art. 22 of Law 26.122, under which the chambers must reject or approve expressly.
• What we could and could not verify. Infoleg lists 50 norms that complement or modify DNU 70/2023 (including extensions of the emergency by DNU 553/2024, DNU 1120/2024 and Decree 942/2025), none of which restores Law 26.737. The Infoleg record of Law 26.737 lists DNU 70/2023 as the last related norm. No primary source in the files records the vote of each chamber of Congress on DNU 70/2023, or any court decision on art. 154 (unconfirmed). Our working position for this page: the repeal stands, with residual legal risk that advisers should disclose to clients.
• What did not change. The repeal removed the national caps and the habilitation certificate. It did not touch Decree Law 15.385/1944, Law 23.554, Decree 253/2018 or Res. 166/2009. Rural land in border security zones is still subject to prior consent.

3. Border security zones

Legal basis.

• DL 15.385/1944 (signed 13 June 1944, BO 25 April 1945, ratified by Law 12.913, BO 3 June 1947, per the Infoleg record) created "security zones": a strip along the land and sea borders and a belt around strategic establishments inside the country (art. 1). The width is fixed by the Executive and may not exceed 150 km on land borders, 50 km on the coast and 30 km for interior zones (art. 2).
• Art. 4, as replaced by Law 23.554, art. 42 (National Defence Law, BO 5 May 1988): it is declared "of national convenience that property located in the security zone belong to native born Argentine citizens". The National Security Zones Commission exercises "policía de radicación" over "transfers of ownership, leases or rentals, or any form of real or personal rights by which possession or tenure of real estate must be delivered", and grants or denies the corresponding authorisations. Note that leases are covered, not only purchases.
• Decree 32.530/1948 (21 October 1948): any notary who executes a transfer or lease of real estate in a security zone must request the authorisation and record at the end of the deed that it was obtained (art. 2); private acts not executed before a public official will not be recognised or recorded without prior authorisation (art. 4). The guidance in art. 1 favours native born or naturalised Argentines and, by exception, foreigners of recognised good standing with Argentine family or establishing important businesses, "except foreigners from the neighbouring country bordering the area of the land requested" (unconfirmed).
• Decree 9329/1963, Annex 1, regulates the Commission. As replaced by Decree 27/2017 (BO 10 January 2017), art. 1 places it within the Borders Secretariat of the Ministry of Security, chaired by the Secretary of Borders. Art. 8(d) restates the power to grant or deny authorisation; art. 8(g) provides that reconsideration requests against denials are raised to the Executive; art. 25 requires officials to make applicants file the request on the official forms, on pain of criminal liability under Criminal Code art. 248 and following.
• Decree 253/2018 (BO 28 March 2018) defines the current geographical extent of the Border Security Zone in its Annex I and approves the official maps by province prepared by the National Geographic Institute (art. 4: Entre Ríos, Corrientes, Misiones, Chaco, Formosa, Salta, Jujuy, Catamarca, La Rioja, San Juan, Mendoza, Neuquén, Río Negro, Chubut, Santa Cruz and Tierra del Fuego). It repealed Decree 887/1994 and its amendment, Decree 1648/2007 (art. 6), and empowers the Ministry of Security to exclude specific urban centres from the settlement control (art. 5). Decree 27/2017 recites that, since Decree 887/1994, "the only security zone currently in force is the Border Security Zone".
• Who decides today. Res. 166/2009 placed the procedure in the Ministry of the Interior. JGM Res. 65/2026 (signed 16 July 2026, BO 20 July 2026), Annex II (IF-2026-68812752-APN-SCLYA#JGM), item 4, delegates to the Vice Chief of Cabinet for the Interior the power to "resolve the requests for prior consent contemplated in article 4 of Decree Law 15.385/1944, ratified by Law 12.913", citing DL 15.385 and Res. 166/2009 as the normative source. Its recitals refer to "the former Ministry of the Interior", consistent with the transfer of Interior functions to the Cabinet Office under Decree 571/2026 (unconfirmed).
• Law 26.737, art. 13 also required prior consent of the Ministry of the Interior for any rural property in a security zone bought by a person covered by that law. With the repeal, the requirement rests on DL 15.385 alone.

Res. 166/2009, the operative directive (Ministry of the Interior, signed 20 February 2009, BO 5 March 2009; amended by Res. 434/2010, BO 27 May 2010):

Other rules of Res. 166/2009 that buyers miss:

• Corporate changes. Prior consent is needed for deeds of transformation, merger or spin off of companies that own property in a security zone, and for transfers of shares sufficient to give control of such a company. Any later corporate change that alters the authorised ownership must be reported within 60 days (art. 8).
• Criminal records. Judicial records are required for individuals and, for companies, for the chair and directors or managing partners; foreigners must supply records from their country of residence, translated and legalised (art. 19). The official may waive them for applicants with "recognised trajectory" (art. 20). Offences are grouped by their relevance to security and defence (art. 21).
• Ties to the country. Positive factors include an Argentine spouse or children, integration into the local community and length of residence; foreign nationality of children born after arrival is a negative factor (art. 22).
• Exception route file. Forms 1, 2 and 3 (and Form 4 for companies); bylaws, last board appointment, last approved balance sheet, current shareholding; all certified by a notary and, if in a foreign language, translated and legalised; proof of compliance with LGS art. 118 and following for companies; and a signed investment project stating capital to invest, schedule, stages, financing sources and nationality of the workforce. Projects declared of national, provincial or municipal interest, with immediate start, regional development, low development areas and mainly Argentine labour get "special attention" (art. 24).
• Conditions after approval. Certified copy of the deed; a progress report every six months; periodic staff lists with migration status of foreign staff; for companies, an irrevocable shareholders' commitment to contribute the investment as capital; inspections (art. 26). No new request will be processed until these are met (art. 27).
• Purchases "en comisión" need consent for the final buyer, and for the commission agent if title passes through them (art. 28).
• Fast track. Within one year after a favourable decision, a further request may use the abbreviated procedure with Forms 1, 3 and 7 (art. 29).
• Statutory exemptions. The State and state companies (art. 30); transfers between spouses on dissolution of the marital regime (art. 31); use and habitation rights for tourism (art. 32); inheritance and partition of inherited joint ownership (arts. 33, 34); partitions among naturalised Argentine co owners (art. 35); transfers from ascendants to forced heirs (art. 36).
• Validity. A prior consent resolution is valid for one year from its grant and then lapses automatically; a deed signed with an expired consent is treated as signed without authorisation (art. 39). For public (fiscal) land the validity is two years (art. 40).
• Notary duties. The notary must cite the resolution in the deed and send a certified copy of the deed to the authority within 30 days of signing (arts. 6, 17, 38). Notaries handling these files must be registered in the "Registro Nacional Único de Escribanos Públicos actuantes" (Ministry of the Interior Res. 422/2011, BO 11 May 2011, Annex I, art. 1).
• What the sources do not give: the official fee for the procedure, the current filing channel (paper, TAD or other) and any maximum decision time (unconfirmed).

4. Civil and Commercial Code: how title passes

• Sale. A sale exists when one party undertakes to transfer ownership of a thing and the other to pay a price in money (CCyC art. 1123). The same rules apply to the transfer of horizontal property units and to rights in gated developments (conjuntos inmobiliarios) (art. 1124(a)).
• Form. Contracts to acquire, modify or extinguish real rights over real estate must be executed by public deed, except judicial or administrative auctions (art. 1017(a)). A public deed is the original document in a notary's protocol; certified copies issued by the notary are public instruments (art. 299).
• Title and mode. Acquisition requires both a sufficient title (the deed) and a sufficient mode, which for real estate is delivery of possession (tradición) (art. 1892).
• Registration. Real rights are not enforceable against third parties in good faith until they have "sufficient publicity", that is registration or possession as the case may be (art. 1893). Under Law 17.801, art. 2, as replaced by Law 26.994, Annex II, point 1.2, the provincial and CABA real estate registries record documents that create, transfer, declare, modify or extinguish real rights, and attachments and injunctions. The priority rule of Law 17.801, art. 17 (as replaced), protects a deed executed while a registry certificate is in force and filed within the period of art. 5 of that law (unconfirmed).
• The boleto de compraventa (private preliminary sale agreement). A good faith buyer under a boleto has priority over creditors who later attach the property if the buyer contracted with the registered owner, paid at least 25% of the price before the attachment, the boleto has a certain date, and the acquisition has registry or possessory publicity (art. 1170). Boletos with a certain date are enforceable in the seller's insolvency if at least 25% of the price was paid (art. 1171). For income tax purposes, a sale is deemed made when a boleto is signed and possession given, even before the deed (ITL art. 3).
• Costs between the parties. Unless agreed otherwise, the seller bears the costs of the title study, survey (mensura) where relevant and "the taxes levied on the sale" (CCyC art. 1138). Delivery is due immediately after the deed unless agreed otherwise (art. 1139).
• Foreign currency. As replaced by DNU 70/2023, arts. 250 and 251: an obligation to pay money exists whether or not the currency is legal tender in Argentina, the debtor is released only by paying the agreed currency, and judges cannot change the agreed currency (CCyC arts. 765, 766).
• Deeds signed abroad. Real rights over Argentine real estate are governed by Argentine law; contracts made abroad to transfer such rights have the same force as local ones if made in public instruments and presented legalised (CCyC art. 2667). Argentine courts have jurisdiction over real actions on Argentine real estate (art. 2664).
• Horizontal property. Apartments are owned under the real right of propiedad horizontal over private and common parts of a building, governed by bylaws (reglamento) executed by public deed and registered (arts. 2037, 2038).
• Gated communities. Country clubs, closed neighbourhoods, industrial and nautical parks are conjuntos inmobiliarios (art. 2073), characterised by enclosure, common and private parts, forced and perpetual indivision of common parts, internal rules, mandatory contributions and an owners' entity with legal personality (art. 2074). All must be organised as a special horizontal property; pre existing developments set up through personal rights must adapt (art. 2075). Zoning and use rules are local (art. 2075, first paragraph).

5. Companies owning land: LGS arts. 118 to 124 and IGJ rules

• A company incorporated abroad is governed by the law of its place of incorporation as to existence and form, and may perform isolated acts in Argentina and appear in court without registration (LGS art. 118, first and second paragraphs). To carry out habitual acts, open a branch or any permanent representation, it must prove its existence, fix a domicile in Argentina with publication and registration, and appoint a representative (art. 118, third paragraph). It must keep separate accounts (art. 120).
• To incorporate or participate in an Argentine company, the foreign company must first register under LGS art. 123.
• A foreign company with its seat in Argentina, or whose main purpose is to be carried out in Argentina, is treated as a local company (art. 124).
• IGJ (CABA) requirements, IGJ RG 15/2024, Annex A, art. 164 as replaced by IGJ RG 4/2026 (signed 22 May 2026, BO 26 May 2026): for art. 123 registration, a certificate of good standing not older than six months, certified bylaws and amendments, the board resolution and appointment of the representative, the representative's acceptance and special domicile, and sworn statements on politically exposed person status and beneficial owner (arts. 414 and 421 of the IGJ rules). For art. 118 registration, add a resolution choosing branch or permanent representation, the seat in CABA, fiscal year end and any assigned capital, plus proof of publication. Art. 118 registration dispenses with art. 123 registration (art. 166 as replaced). Foreign documents may be filed apostilled, including digital resolutions whose integrity can be verified (art. 203 as replaced). Companies from non cooperative jurisdictions are reviewed restrictively (art. 168 as replaced).
• IGJ RG 15/2024 (signed 15 July 2024) eliminated the Registry of Isolated Acts and the consequences of registering or not registering such acts (recital 49).
• Is buying land an isolated act? The LGS does not define it and no source file classifies a real estate purchase (unconfirmed). For border zone rural land the question is answered by Res. 166/2009, art. 24(d): companies must prove compliance with LGS art. 118 and following.
• Outside CABA, foreign companies register with the provincial companies registry of their chosen domicile (unconfirmed).

6. Tax ID for non residents: CUIT and CDI

• Non resident individuals. ARCA's page "Residentes en el exterior" (CUIT and CDI section) states that individuals resident abroad, whether or not they hold an Argentine DNI, "must request the CUIT through a representative or duly authorised third party domiciled in Argentina". It applies to non residents who must "carry out procedures before banks, registries or other bodies". The representative files through the clave fiscal service "Presentaciones Digitales", choosing "Alta CUIT personas humanas Situaciones especiales", proves the representation and the non resident status, and attaches Form 460 F/PD (items 1 to 5) and the identity document or passport. Non residents temporarily in Argentina can apply in person at an ARCA office with a web appointment, bringing originals and copies.
• CDI. ARCA describes the CDI (Clave de Identificación) as the key for "diplomatic missions and other entities that do not have a CUIT because there is no tax or social security reason obliging them, and that need to carry out procedures before banks and/or registries". The representative applies with clave fiscal level 3 or higher in "Inscripción y Modificación de Personas Jurídicas", choosing "Alta nueva persona jurídica" and key type "CDI"; for entities domiciled abroad, the domicile of the representative is declared.
• Practical consequence. Many practitioners still speak of "getting a CDI" for a foreign buyer. ARCA's current pages point non resident individuals to a CUIT under the special situations procedure, and reserve the CDI description for entities without tax obligations (unconfirmed).
• Companies. Legal persons apply for a CUIT through the registration service. When documents are not certified by digital signature of a notary or the registry, the applicant must book an appointment and present Form 420/E within 30 calendar days (ARCA "Solicitud de CUIT" page). A foreign company registered under LGS art. 118 or 123 will need a CUIT to operate (unconfirmed).

7. AML: notaries, registries and real estate agents

• Notaries are obliged subjects under Law 25.246, art. 20(12). UIF Res. 242/2023 (BO 30 November 2023) applies to them when they carry out "Specific Activities", which include "transfers of ownership by purchase and/or sale of real estate, when the amount involved exceeds 700 Minimum, Vital and Mobile Salaries (SMVM)" (art. 2(a)(i)) (unconfirmed).
• Customer profile. The notary must build a customer profile backed by documents on the origin of funds, such as a deed of a previous sale, bank documents, documents proving the sale of assets, or a sworn statement on origin and lawfulness of funds; notaries "may not require tax returns" (art. 24, as replaced by UIF Res. 78/2025, art. 8).
• Monthly systematic reports between the 1st and 15th of each month (art. 28): real estate transfers paid in cash above 750 SMVM (art. 28(a)(i), as replaced by Res. 78/2025, art. 9, BO 5 June 2025); and transfers of real estate in the border development and border security zones defined by Decree 253/2018 above 700 SMVM (art. 28(a)(iv)) (unconfirmed). An annual report is due between 2 January and 15 March.
• Suspicious transaction reports: within 15 calendar days of the notary concluding the operation is suspicious, and never later than 150 days after the operation; 48 hours for terrorist financing (Res. 242/2023, chapter on suspicious transaction reports) (unconfirmed). A listed red flag is successive sales of the same property within one year with a price difference of 30% or more (Res. 242/2023, red flags list, item xxi).
• Real estate registries must report monthly, between the 1st and the 15th, registrations of sales above 750 SMVM and of life usufructs on properties valued above 200 SMVM (UIF Res. 70/2011, art. 12, as amended by Res. 78/2025, art. 1; restated in the recitals of UIF Res. 93/2026, BO 10 August 2026).
• Real estate agents and brokers are covered by UIF Res. 43/2024 (14 March 2024) (unconfirmed).
• SMVM amount in October 2026 is not in the source files (unconfirmed).

8. Taxes on purchase, ownership and sale

Purchase.

• Stamp tax (provincial): rate and exemptions depend on the province. Under the Fiscal Consensus 2021 (approved by Law 27.687), clause THIRD (c), adhering jurisdictions agreed a maximum of 3.5% for transfers of real estate. See the stamp tax page at /guide/taxes/stamp-tax/ for what is and is not sourced. CABA's rate, base (price or fiscal value) and housing exemption threshold are (unconfirmed).
• No federal transfer tax since 8 July 2024. Title VII of Law 23.905 (ITI, arts. 7 to 18) was repealed by Law 27.743, art. 67, from its publication in BO on 8 July 2024. The Infoleg updated text of Law 23.905 records the repeal against each article.
• No COTI. The ARCA "Code of offer for transfer of real estate" regime (AFIP RG 2371) was abrogated by ARCA RG 5697/2025 (BO 23 May 2025). Its recitals note that RG 2371 applied where the price or fiscal value was ARS 66,833,000 or more.
• VAT does not apply to the sale of land or of existing dwellings by individuals (unconfirmed). Construction work on one's own property for sale is taxed (VAT Law art. 3(b)), at half the general 21% rate where intended for housing, that is 10.5% (VAT Law art. 28, fourth paragraph, item (c)). Buyers of new units from developers should check whether VAT is included in the price.
• Notary fees are professional fees set by provincial scales and, as a service, subject to VAT (unconfirmed).

Ownership.

• Personal assets tax, non resident individuals. Assets located in Argentina belonging to individuals domiciled abroad are taxed through a substitute taxpayer: any person domiciled in Argentina that has the "joint ownership, possession, use, enjoyment, disposal, deposit, holding, custody, administration or safekeeping" of the assets must pay, as a single and final payment, a rate on their value at 31 December each year (BP Law art. 26). Infoleg notes that, under Law 27.541, art. 31, the rate is 0.50% for 2019 and later years. There is no payment if the amount is ARS 250 or less (art. 26). Real estate is valued at indexed cost, but not below the fiscal valuation used for property taxes (art. 22(a)). See /guide/taxes/individuals-and-personal-assets-tax/ for resident individuals.
• Foreign companies. Real estate in Argentina that is unexploited, rented or used for recreation and directly owned by a foreign company is presumed to belong to Argentine resident individuals, and the same substitute regime applies (BP Law art. 26) with the rate increased by 100% (art. 26, penultimate paragraph), so 1.00%. The presumption does not apply to insurers, open ended funds, pension funds and Basel supervised banks.
• Through an Argentine company. Shares of LGS companies held by non residents (and by resident individuals) are taxed at 0.50% on equity value, paid by the company as a single and final payment, with a right to recover it from the shareholder (BP Law, unnumbered article after art. 25, as replaced by Law 27.541, art. 29). Rural land owned by individuals is exempt (art. 21(f)); this exemption does not cover companies.
• Provincial and municipal property taxes (impuesto inmobiliario, CABA ABL).
• Rental income. Payments of rent to foreign beneficiaries: 35% withholding on a presumed net gain of 60% of the rent, that is 21% of gross rent, unless the beneficiary opts for actual expenses (ITL arts. 102 and 104(g)). For resident individuals, rent from housing is exempt from fiscal years starting 1 January 2026 (ITL art. 26(n), as replaced by Law 27.802, art. 192) (unconfirmed). See the leases page at /guide/real-estate/leases/ for the contract rules.

Sale.

• Resident individuals. ITL art. 99 taxes individuals' gains on Argentine real estate at 15% on price minus indexed cost and expenses. Law 27.802, art. 192 (BO 6 March 2026) added to ITL art. 26(n): "the result of the sale of real estate and transfer of rights over real estate covered by art. 99 that are sold or transferred from 1 January 2026 is also exempt, in the terms established by the regulations." (unconfirmed).
• Non resident individuals. ITL art. 99 refers to "personas humanas" without distinguishing residence, which suggests the 2026 exemption may also cover them; ITL art. 104 has no specific presumption for individuals' real estate (item (h) is limited to companies abroad) (unconfirmed).
• Foreign companies. For payments to foreign beneficiaries for "the onerous transfer of property located... in the country belonging to companies... established abroad", the presumed net gain is 50% (ITL art. 104(h)); the 35% withholding applies to that presumed gain (arts. 102, 103), an effective 17.5% of the price. The seller may opt instead for the actual gain net of expenses recognised by ARCA (art. 104, last paragraphs).
• Argentine companies selling real estate include the gain in corporate income tax (ITL art. 73).
• Withholding by the notary (AFIP RG 2139/2006). Notaries in CABA and the provinces are withholding agents for income tax on onerous transfers of real estate (art. 2(a)); the Infoleg updated text sets the withholding at 3% of the transfer value, which may not be lower than the property tax base (arts. 5, 7). Where the seller is a resident abroad, the notary does not apply the 3% but withholds, as a single and final payment, the amount stated in a "withholding certificate" issued by ARCA at the request of the non resident's representative (art. 20). The representative must file, at least 20 calendar days before the deed, a note under RG 1128 with the documents in Annex IV (art. 20): proof of representation, list of the non resident's Argentine assets at 31 December of the last five years and their property tax valuations, among others. Withholdings are reported under regime code 193, "Transferencia de Inm. Beneficiarios del Exterior" (art. 23). A seller with a loss may obtain a non withholding certificate, filing at least 10 calendar days before the deed (arts. 24(a), 25) (unconfirmed).
• RG 3034. Infoleg lists AFIP RG 3034 (BO 18 February 2011) as replacing RG 781 on information regimes including mortgage loans. RG 2139 still refers to the notaries' information regime of RG 781 (CITI Escribanos) (unconfirmed).

9. Money in and money out (BCRA)

• Paying in dollars. The buyer may transfer foreign currency from abroad and the parties can agree payment in US dollars; the seller can demand dollars (CCyC art. 765 as replaced). The source files contain no BCRA rule obliging a non resident buyer to convert into pesos before paying the price (unconfirmed).
• Resident sellers to non residents. BCRA point 2.3 requires residents who sell "non produced non financial assets" to non residents to bring in and settle the proceeds in the FX market within 20 working days. Whether land falls in this category is a balance of payments classification question (unconfirmed).
• Repatriation. "Access to the FX market for the repatriation of investments of non residents and other purchases of foreign currency by non resident clients requires prior BCRA consent", except in listed cases (point 3.13.1). The listed exceptions cover direct investment in companies (points 3.13.1.7, 3.13.1.9, 3.13.1.10, 3.13.1.12), certain portfolio investments made with funds settled from 21 April 2025 (3.13.1.13) and others; none covers the proceeds of sale of real estate held directly by a non resident individual. Practical result: sell for dollars, or plan for a prior BCRA approval request. See /guide/fx/exchange-controls/.
• Rental income. BCRA classifies rent from leasing Argentine property to non residents as a service income of the resident (Section 6.9); rent paid by residents to a non resident owner is not specifically addressed in the text read (unconfirmed).

10. Leases after DNU 70/2023

DNU 70/2023, art. 249, repealed the Leases Law 27.551. The Code now lets parties freely set the deposit and its currency (CCyC art. 1196 as replaced) and the term; if no term is agreed, two years for permanent housing and three years for other uses (art. 1198 as replaced). Leases of rural land in a border security zone to foreigners still need prior consent under DL 15.385, art. 4. Full treatment on the leases page, /guide/real-estate/leases/.

Step by step

A. Non resident individual buying an apartment outside any border zone

1. Get a tax ID. Appoint a representative domiciled in Argentina (a power of attorney executed abroad must be apostilled or legalised; CCyC art. 2667 for deeds abroad). The representative applies for your CUIT via "Presentaciones Digitales", "Alta CUIT personas humanas Situaciones especiales", attaching Form 460 F/PD and your passport (ARCA). Time and cost: no fee shown on the ARCA page (unconfirmed).
2. Check the property. The notary requests registry certificates on ownership, liens and inhibitions, and tax debt certificates (unconfirmed); reviews the horizontal property bylaws (CCyC art. 2038) and, in gated developments, the internal rules and contributions (art. 2074).
3. Reserve and sign a boleto. Pay a deposit. If you pay 25% or more and the boleto has a certain date, you gain priority over later attaching creditors (CCyC art. 1170). Under ITL art. 3 a boleto plus possession counts as the sale for income tax.
4. Fund the price. Transfer US dollars to an Argentine account in your name or to the notary's escrow arrangement (unconfirmed). Keep evidence of origin of funds for the notary (UIF Res. 242/2023 art. 24).
5. AML file. Provide identification, PEP and beneficial owner statements and source of funds documents. Notaries cannot ask for tax returns (art. 24 as replaced).
6. Deed. Sign the escritura before the notary, in person or by attorney (CCyC arts. 299, 1017). The notary withholds the seller's tax where applicable (RG 2139) and collects stamp tax and registry fees (unconfirmed).
7. Possession. Take delivery of the keys (CCyC arts. 1139, 1892).
8. Registration. The notary files the deed at the Real Estate Registry (Law 17.801 art. 2 as replaced; CCyC art. 1893).
9. After closing. Arrange personal assets tax through a local substitute (BP Law art. 26), property taxes and condominium fees; if you let the property, register the lease and plan for the 21% effective withholding on rent paid to you as a foreign beneficiary (ITL arts. 102, 104(g)).

B. Foreign company buying rural land in a border security zone

1. Check the map. Confirm whether the property lies inside the Border Security Zone defined by Decree 253/2018 Annex I and the provincial maps approved by its art. 4, and whether any urban centre exclusion applies (art. 5).
2. Choose the vehicle. Either the foreign company buys directly (registration under LGS art. 118 needed for the border file, Res. 166/2009 art. 24(d)) or it forms an Argentine subsidiary (registration under LGS art. 123). Both count as "foreign legal persons" for border zone purposes (Res. 166/2009 art. 7).
3. Register with IGJ or the provincial registry. IGJ RG 15/2024 Annex A art. 164 as replaced: certificate of good standing (6 months), bylaws, board resolution, representative's acceptance, PEP and beneficial owner statements, plus for art. 118 the branch decision, seat, year end and assigned capital and publication.
4. CUIT for the company (ARCA; Form 420/E if documents are not digitally certified).
5. Prepare the prior consent file (Res. 166/2009 art. 24): Forms 1 to 4; certified, translated and legalised corporate documents; criminal records of chair and directors from the country of residence (art. 19); investment project with amount, schedule, stages, financing and workforce nationality.
6. File with the Vice Chief of Cabinet for the Interior through a notary registered under Res. 422/2011 (unconfirmed).
7. Decision. Approval is conditioned on the investment project (art. 25) and lists post approval obligations (art. 26). If denied, a reconsideration path exists (Decree 9329/1963 Annex 1, art. 8(g)) (unconfirmed).
8. Deed within one year of approval (art. 39). The notary cites the approval in the deed (Decree 32.530/1948 art. 2) and sends a certified copy within 30 days (art. 38).
9. UIF. The notary reports the transfer in the monthly report if above 700 SMVM (UIF Res. 242/2023 art. 28(a)(iv)).
10. Ongoing. Six monthly progress reports; staff lists; capital contribution commitment; prior consent for any change of control; report other corporate changes within 60 days (arts. 8, 26). Personal assets tax: on shares of the Argentine subsidiary at 0.50%; or, if held directly and the land is idle, rented or recreational, 1.00% through a local substitute (BP Law art. 26).

Costs and timelines

Table 1. Restrictions by type of land and buyer (October 2026)

Table 2. Taxes on purchase, ownership and sale

Table 3. Deadlines and validity periods

Table 4. Timeline of norms (with BO dates)

Worked examples

Example 1. Non resident buys a USD 250,000 apartment in CABA

Facts. A US resident individual, no Argentine residence, buys a used two bedroom apartment in Palermo, CABA, from a resident Argentine individual who bought it in 2019. Price USD 250,000, paid by wire transfer in dollars. Not in a border zone. Deed in November 2026.

Peso equivalent. USD 250,000 x 1,563.90 = ARS 390,975,000.

Step 1. Stamp tax. CABA's 2026 rate, the base and the housing exemption are not in the source files. As an upper bound we apply the CF 2021 cap of 3.5% and assume the tax is borne half by each party.

• Total stamp tax at cap: 390,975,000 x 3.5% = ARS 13,684,125 (USD 8,750).
• Buyer's half: ARS 6,842,062.50 (USD 4,375).

Step 2. Notary fees. The CABA notarial fee scale is not in the source files. Placeholder assumption: 2% of price plus 21% VAT (unconfirmed).

• Fee: 390,975,000 x 2% = ARS 7,819,500 (USD 5,000).
• VAT 21%: ARS 1,642,095 (USD 1,050).
• Total notary: ARS 9,461,595 (USD 6,050).

Step 3. Registry fees and certificates. Not in the source files. Placeholder assumption: 0.2% of price (unconfirmed).

• 390,975,000 x 0.2% = ARS 781,950 (USD 500).

Step 4. Federal taxes on the buyer. ITI: none (repealed 8 July 2024, Law 27.743 art. 67). COTI: none (RG 5697/2025). VAT: none on a used dwelling sold by an individual (unconfirmed).

Buyer's closing costs (illustrative):

Step 5. Seller side. The seller is a resident individual. Under ITL art. 26(n) as replaced by Law 27.802, the gain on a sale from 1 January 2026 is exempt, subject to regulation (unconfirmed). Had the seller been a foreign company, the notary would withhold per an ARCA certificate (RG 2139 art. 20), computed under ITL art. 104(h): 390,975,000 x 50% x 35% = ARS 68,420,625 (USD 43,750), unless the company opted for actual net gain.

Step 6. Annual personal assets tax for the buyer. Assume the value at 31 December equals the peso price (indexed cost, not below fiscal valuation, BP Law art. 22(a)) (unconfirmed). 390,975,000 x 0.50% = ARS 1,954,875 (USD 1,250) per year, paid by a local substitute (art. 26).

Step 7. Exit. If the buyer later sells for dollars, the proceeds stay in dollars; if paid in pesos, buying dollars to repatriate needs prior BCRA approval (point 3.13.1). Contract the resale price in USD (CCyC art. 765).

Example 2. Foreign company buys 500 hectares of farmland near the Paraguayan border in Formosa (after DNU 70/2023)

Facts. A Uruguayan agricultural company wants 500 ha of cattle land in Formosa. The land lies inside the Border Security Zone mapped for Formosa by Decree 253/2018 (assumed for the example) (unconfirmed). Price assumption: USD 3,000 per hectare, an illustrative input only; no official price source is used (unconfirmed). Total USD 1,500,000.

Peso equivalent. USD 1,500,000 x 1,563.90 = ARS 2,345,850,000.

Step 1. Rural Land Law test (historic and current). Under Law 26.737 the purchase would have needed a habilitation certificate, would have counted against the 15% provincial and municipal caps and the 30% Uruguayan nationality cap, and, being in a border security zone, would have been prohibited save through the DL 15.385 exceptions (art. 10, fourth paragraph, item 2). After DNU 70/2023 art. 154, none of these apply, provided the repeal stands (unconfirmed).

Step 2. Vehicle. The company forms an Argentine SRL or SA (registration under LGS art. 123) to own the land. The local company is a "foreign legal person" under Res. 166/2009 art. 7(b) because the Uruguayan parent holds the majority. The border file must still show compliance with LGS art. 118 and following (art. 24(d)) (unconfirmed).

Step 3. Border zone prior consent. Rural land plus foreign legal person means exception route only (art. 11). File: Forms 1, 2, 3 and 4; certified and legalised corporate documents; Uruguayan criminal records for directors (art. 19); investment project (art. 24(e)). Decision by the Vice Chief of Cabinet for the Interior (JGM Res. 65/2026). No statutory deadline in the sources (unconfirmed).

Step 4. Deed within the one year validity (art. 39); notary cites the approval and sends a certified copy within 30 days (art. 38); the notary includes the operation in the UIF monthly report as a border zone transfer above 700 SMVM (UIF Res. 242/2023 art. 28(a)(iv)) (unconfirmed).

Step 5. Closing costs (illustrative, buyer side).

Not included: IGJ or provincial registration fees, apostilles, sworn translations, publication costs, survey (mensura, which CCyC art. 1138 puts on the seller unless agreed otherwise), prior consent fees (unconfirmed).

Step 6. Annual personal assets tax.

• Held through the Argentine company: 0.50% on the equity value of the shares (BP Law unnumbered article after art. 25). If equity equals the land price: 2,345,850,000 x 0.50% = ARS 11,729,250 (USD 7,500) per year, paid by the company.
• Held directly by the Uruguayan company and leased to a local farmer (rented land): presumption of ownership by resident individuals, rate doubled to 1.00% (BP Law art. 26): 2,345,850,000 x 1.00% = ARS 23,458,500 (USD 15,000) per year, paid by the local substitute. Note that leasing the land to the farmer is itself a lease in a security zone needing prior consent for the tenant if the tenant is foreign (DL 15.385 art. 4; Res. 166/2009 art. 3 exempts native born Argentines).

Step 7. Timeline (legal clocks only). IGJ: certificate of good standing must be under 6 months old when filed. Border zone approval: valid 1 year. Notary report: 30 days after deed. Investment project reports: every 6 months. Change of control of the Argentine company later: needs prior consent (art. 8). Total elapsed time is not fixed by any source (unconfirmed).

Cost to do it (Example 2): about 4.4% of price in placeholder closing costs plus corporate set up costs (unconfirmed); capital: the price plus the investment project committed as capital (Res. 166/2009 art. 26(d)); months: (unconfirmed).

Example 3. Comparing sale outcomes for different sellers of the same CABA apartment (USD 250,000)

The ARS 100,000,000 gain in row 2 is an assumed figure for illustration; USD conversion of the ARS 15,000,000 tax at 1,563.90 gives 9,591.41.

Practical traps

1. The DNU risk. Do not treat the end of the rural land caps as settled law in a legal opinion without a caveat. The repeal is by decree of necessity and urgency; check its congressional and judicial status at the date of signing (unconfirmed).
2. Border zone covers leases. Foreign tenants of rural land in a security zone need prior consent, just like buyers (DL 15.385 art. 4). Many cross border agribusiness structures lease rather than buy and overlook this.
3. Share deals do not avoid the border regime. A transfer of shares giving control of a company that owns border zone property needs prior consent, and other changes must be reported within 60 days (Res. 166/2009 art. 8). Under the old rural land regime a similar notice rule existed (Law 26.737 art. 3(b)).
4. Approval expires. The prior consent lapses after one year (Res. 166/2009 art. 39). A deed signed with an expired approval is treated as unauthorised.
5. Approval comes with homework. Exception route approvals impose six monthly reports, staff lists and capital commitments, and block new requests until met (arts. 26, 27).
6. CDI or CUIT? ARCA's current guidance for non resident individuals is a CUIT through a representative. Instructions from older sources mentioning a CDI may lead to rejected filings (unconfirmed).
7. Notaries need time for a non resident seller. The note for the ARCA withholding certificate must be filed at least 20 calendar days before the deed (RG 2139 art. 20). Build that into the closing date.
8. Dollars in, pesos trapped. If you accept pesos when you sell, buying dollars to repatriate needs prior BCRA approval as a non resident (point 3.13.1). Price and collect in USD (CCyC art. 765).
9. Idle property held through an offshore company doubles personal assets tax. Real estate held directly by a foreign company and kept idle, rented or for recreation is presumed owned by Argentine individuals, at double rate (BP Law art. 26). Holding through an Argentine company changes the base to equity value at 0.50%.
10. Cash purchases trigger reporting. Notaries report cash real estate deals above 750 SMVM monthly (UIF Res. 242/2023 art. 28(a)(i) as amended), and registries report all sales above 750 SMVM (UIF Res. 70/2011 art. 12 as amended).
11. Boleto without 25% paid is weak. Below 25% of the price paid, a boleto buyer loses the statutory priority over creditors (CCyC art. 1170).
12. Gated communities are horizontal property now. A lot in a country club set up under the old personal rights model may still be pending conversion to special horizontal property (CCyC art. 2075). Check title.
13. Old farm titles. For rural land bought by foreigners between 2012 and 2023, check that the Rural Land Registry certificate was obtained; acts in breach were void (Law 26.737 art. 7) (unconfirmed).
14. Provincial rules. Provinces regulate land use, water, forests and their own public land. Nothing in this page covers provincial restrictions on foreign buyers (unconfirmed).

Recent changes

• 21 December 2023. DNU 70/2023: repeal of Rural Land Law 26.737 (art. 154) and Leases Law 27.551 (art. 249); foreign currency obligations payable only in the agreed currency (arts. 250, 251, CCyC arts. 765, 766).
• 8 July 2024. Law 27.743, art. 67: repeal of the 1.5% ITI (Law 23.905 Title VII).
• 15 July 2024 (signed). IGJ RG 15/2024: new IGJ rules; Registry of Isolated Acts removed.
• 23 May 2025. ARCA RG 5697/2025: COTI abolished (RG 2371 abrogated).
• 5 June 2025. UIF Res. 78/2025: cash real estate reporting threshold for notaries and registries raised from 700 to 750 SMVM; customer profile rule rewritten. (UIF Res. 93/2026 recitals cite Res. 78/2025 as BO 5 August 2025; the gazette footer of Res. 78/2025 reads 5 June 2025 (unconfirmed).)
• 6 March 2026. Law 27.802, art. 192: individuals' real estate gains exempt for sales from 1 January 2026, subject to regulation; housing rent exempt from fiscal years starting 1 January 2026.
• 26 May 2026. IGJ RG 4/2026: simplified requirements for foreign companies under LGS arts. 118 and 123.
• 20 July 2026. JGM Res. 65/2026: border zone prior consent decided by the Vice Chief of Cabinet for the Interior.
• 10 August 2026. UIF Res. 93/2026: updated rules for real estate registries as obliged subjects.

Pending changes

• Regulation of the 2026 real estate gain exemption (ITL art. 26(n), second paragraph) (unconfirmed).
• Status of DNU 70/2023 before Congress and the courts, specifically art. 154 (unconfirmed).
• Future of the National Rural Land Registry after the repeal of its enabling law (unconfirmed).
• RG 2139 update. Whether ARCA will adapt the notary withholding regime to the ITI repeal and the 2026 exemption (unconfirmed).
• Border zone digitalisation and timing. Whether the Vice Chief of Cabinet for the Interior has issued a new procedure, electronic filing or deadlines replacing Res. 166/2009 (unconfirmed).
• Possible new national rules on foreign land ownership. No bill text is in the source files; advisers should monitor Congress (unconfirmed).

FAQ

1. Can a foreigner who does not live in Argentina buy an apartment in Buenos Aires? Yes. No federal rule in the sources limits foreign ownership of urban property outside border security zones. You need a tax ID (ARCA routes non resident individuals to a CUIT via a local representative), a notary and a public deed (CCyC art. 1017), and registration (CCyC art. 1893).

2. Is there still a cap on foreign ownership of farmland? Not at national level since DNU 70/2023, art. 154, repealed Law 26.737. The repeal was made by decree and could in theory be reversed by Congress or affected by court rulings (unconfirmed). Border security zones remain restricted.

3. What is a border security zone and how wide is it? A strip along the land and sea borders created by DL 15.385/1944, of up to 150 km on land and 50 km on the coast (art. 2). The current boundary and maps are in Decree 253/2018. Inside it, transfers and leases need prior consent (art. 4).

4. I am a foreign resident with 12 years in Argentina. Can I buy rural land near the border? Under Res. 166/2009 art. 9 foreign individuals who prove 10 years of uninterrupted residence (with a Migration Directorate document, art. 10) follow the ordinary procedure rather than the exception route. You still need prior consent and your criminal records will be checked (art. 19).

5. Who decides border zone applications now, and how long is the approval valid? Since JGM Res. 65/2026, the Vice Chief of Cabinet for the Interior, by delegation. Approvals are valid for one year (Res. 166/2009 art. 39).

6. Do I need a CDI or a CUIT to buy? ARCA's current pages say non resident individuals must obtain a CUIT through a representative in Argentina, using Form 460 F/PD; the CDI is described for diplomatic missions and entities without tax obligations (unconfirmed).

7. Is there a transfer tax when I sell? The 1.5% ITI was repealed from 8 July 2024 (Law 27.743 art. 67). Resident individuals' gains on sales from 1 January 2026 are exempt subject to regulation (ITL art. 26(n)). Foreign companies are taxed at an effective 17.5% of price unless they opt for actual gain (ITL arts. 102, 104(h)). Stamp tax may apply provincially.

8. Can I take my sale proceeds out of Argentina? If you are paid in dollars, they are your dollars. If you are paid in pesos, as a non resident you need prior BCRA approval to buy foreign currency in the official market, because no exception covers real estate proceeds (BCRA point 3.13.1).

9. Do I pay wealth tax as a non resident owner? Yes. Personal assets tax at 0.50% of the value at 31 December, paid through a local substitute (BP Law art. 26). If the property is held directly by a foreign company and is idle, rented or recreational, the rate is doubled to 1.00%.

10. Should a foreign company buy directly or through an Argentine subsidiary? For border zone land both are "foreign legal persons" and both need the exception route (Res. 166/2009 art. 7). Directly held idle or rented property bears 1.00% personal assets tax; an Argentine company pays 0.50% on its equity. A direct purchase raises the question of registration under LGS art. 118 (unconfirmed); a subsidiary requires art. 123 registration of the parent.

11. Does the notary report my purchase to the authorities? The notary must apply AML due diligence on purchases above 700 SMVM (UIF Res. 242/2023 art. 2(a)(i)), and reports monthly cash purchases above 750 SMVM and border zone purchases above 700 SMVM (art. 28). Registries report all sales above 750 SMVM.

12. Are leases in a gated community or apartment building affected by the 2023 reform? Lease terms are now largely free (DNU 70/2023 art. 249 repealing Law 27.551; CCyC arts. 1196, 1198 as replaced). Building or community rules still apply (CCyC arts. 2038, 2074).

Primary sources

• Law 26.737, Infoleg record (abrogation note) and updated text, arts. 1 to 18
• Decree 274/2012, regulation of Law 26.737
• Decree 820/2016, arts. 1 to 8
• DNU 70/2023, recitals, arts. 154, 249 to 251, 365
• Decree Law 15.385/1944, updated text, arts. 1 to 16, and Infoleg record
• Law 23.554, National Defence, arts. 30, 42 to 44
• Decree 32.530/1948, arts. 1 to 6
• Decree 9329/1963, Annex 1, as amended by Decree 27/2017
• Decree 887/1994 (repealed; historic)
• Decree 253/2018, arts. 1 to 7 and annex links
• Ministry of the Interior Res. 166/2009, Annex I arts. 1 to 41, as amended by Res. 434/2010
• Ministry of the Interior Res. 422/2011
• Ministry of the Interior Res. 2/2026
• JGM Res. 65/2026 and Annex II (images in `img/`)
• Infoleg list of norms modifying DL 15.385 (consulted for ids and dates)
• Civil and Commercial Code, Law 26.994, arts. 5, 299, 765, 766 (as replaced), 1017, 1123, 1124, 1138, 1139, 1170, 1171, 1196, 1198 (as replaced), 1892, 1893, 2037, 2038, 2073 to 207
• General Companies Law 19.550, arts. 118 to 124
• IGJ RG 15/2024, recital 49 and Annex A
• IGJ RG 4/2026, arts. 1 to 4, 13
• Income Tax Law t.o. 2019, arts. 2, 3, 26(n), 63, 73, 99, 102 to 104
• Law 27.802, art. 192, BO 6 March 2026
• Law 27.743, art. 67, BO 8 July 2024
• Law 23.905, updated text, Title VII
• Personal assets tax, Law 23.966 Title VI, updated text, arts. 17, 21(f), 22(a), unnumbered art. after 25, 26
• VAT Law t.o. 1997, arts. 3(b), 28
• Fiscal Consensus 2021, Law 27.687, clause THIRD (c)
• AFIP RG 2139/2006, updated text, arts. 1 to 7, 20 to 27, Annexes IV and VIII
• AFIP RG 2371/2007 (abrogated)
• ARCA RG 5697/2025
• ARCA, CUIT and CDI pages
• BCRA, "Exterior y Cambios", consolidated text to 14 September 2026 (last communication A 8481), points 2.3, 3.13.1, 6.9
• UIF Res. 242/2023, arts. 2, 24, 28 and reporting chapter
• UIF Res. 78/2025, arts. 1, 8, 9
• UIF Res. 93/2026, recitals

Related pages

• Can a foreigner buy property in Argentina?
• Real estate and foreign ownership
• Border security zones and rural land limits for foreign buyers in Argentina
• Residential and commercial leases in Argentina after DNU 70/2023
• Property taxes in Argentina: ABL, provincial real estate tax and transfer costs
• How do rental contracts work in Argentina now?
• How is rental income taxed for a foreign property owner?
• What taxes and costs do you pay when buying property in Argentina?