In brief
On 22 June 2026, the Argentine Executive Branch issued Decree No. 482/2026 (the "Decree"), which fully replaces the regulation of Mining Investment Law No. 24,196 (the "Law"). The Decree approves a new regulatory Annex aimed at simplifying processes, digitalizing the administration of the regime, and updating the tax and operational benefits applicable to mining activities.
Key aspects include the inclusion of mining service providers within the regime, the expansion of the territorial scope applicable to projects (including a 500 km radius), greater flexibility for project modifications, increased clarity regarding the 30-year tax stability, facilitation of VAT refunds for exploration, the use of environmental insurance as a mechanism for potential environmental remediation, and clarifications regarding the import of used or refurbished goods.
In depth
The most relevant aspects of the Decree and its regulation are the following:
- Eligible parties: Legal entities incorporated in Argentina and resident individuals carrying out mining activities on their own account may apply to the regime, provided they evidence ownership of the project and its basic guidelines. Unlike the previous regime, a stronger direct connection with a mining project is required, and mining service providers are expressly included.
- Registration: Requirements for registration and continued eligibility are established through a procedure that begins with information submitted as a sworn statement and is formalized by an express administrative act. The process is digitalized and structured, becoming effective upon electronic notification, from which moment the beneficiary may access the regime’s benefits.
- Covered activities: The scope of the Law is maintained, with greater precision in the identification of covered activities, products and by-products, and with authority granted to the enforcement authority to expand such scope.
- Regional integration: The enforcement authority is granted broader powers to allow exceptions to the regional integration regime, including reducing the required percentages or extending the integration radius in cases of lack of infrastructure or for regional development reasons. This introduces greater flexibility for projects with complex logistics or remote locations.
- Excluded activities: The exclusions set forth in the Law (including hydrocarbons, cement, ceramics and construction materials) are maintained, incorporating specific definitions of certain processes and products. This limits room for interpretation and provides greater clarity regarding the scope of the regime.
- Information and maintenance obligations: Beneficiaries must update their information annually, including changes to projects and feasibility studies, under risk of sanctions or exclusion from the regime.
- Flexibility in project execution: Investment programs and activities may be modified without prior authorization, subject to subsequent disclosure in annual reports. This provides greater operational flexibility throughout the project lifecycle, while maintaining ex post control by the authority.
- Tax stability (30 years): The requirements to obtain tax stability are detailed —including the submission of a feasibility study— as well as its effects, specifying that stability is calculated from the filing of such study (or any supplementary information required for its approval). This strengthens legal certainty by preventing the benefit from depending on administrative delays. A period of up to 60 business days is established for the authority to approve the project once technical conditions are met, enhancing predictability and avoiding delays in effectively granting the benefit.
- Simplification of tax benefits: The VAT refund regime for exploration is streamlined, reducing documentation requirements and establishing clearer review and reimbursement timelines.
- More agile import regime: Prior authorizations are replaced by affidavits of the importer, integrated into electronic systems (VUCEA and SIM), facilitating access to tariff exemptions.
- Control over the use of imported goods: Rules regarding the exclusive mining use of imported goods, control periods, and consequences in case of diversion are reinforced, including the payment of duties and sanctions.
- Depreciation and tax deductions: The regime for accelerated depreciation and the deduction of exploration expenses is regulated in detail, with a direct impact on the tax burden of projects.
- New financial reporting obligations: Annual affidavits and reports on investments, production and project status are introduced to strengthen oversight and transparency.
- Environmental compliance: The regime is aligned with general environmental regulations, allowing compliance through environmental insurance while maintaining associated tax deductions.
- Affidavits per mining project: Affidavit must be filed for each mining project, defined as the set of activities, works and assets linked to the exploitation of one or more deposits. This structures the information at a project level and may impact compliance with the regime, tax stability and access to benefits, particularly for groups with multiple assets or integrated structures.
Franco Sinagra, Associate, has contributed to this legal update.
Download the Spanish version of Argentina: Key Modifications to the Mining Investment Regime.