A travel allowance (viático) is not a payroll item: it is a classification, and two texts classify the same payment. On the labor side, Article 106 of the Employment Contract Law (Ley de Contrato de Trabajo, LCT) starts from the premise that the allowance is remuneration and only excepts “the portion actually spent and substantiated by means of receipts.” On the tax side, Article 82 of the Income Tax Law (Ley de Impuesto a las Ganancias, LIG) names among fourth-category income (cuarta categoría) the allowances paid “as an advance or reimbursement of expenses, for service assignments,” without making them conditional on an expense report. This guide is written for whoever runs payroll and signs off the expense report, and it stays with what each text says: what the two together mean for your payroll is for your advisor to sign.
Article 106 of the LCT is the master rule, and it did not change: “Travel allowances shall be considered remuneration, except for the portion actually spent and substantiated by means of receipts, unless otherwise provided in particular by professional statutes and collective bargaining agreements.” The default state is remuneration; non-remunerative is the exception, and it is earned with paper.
The text joins the two with an “and,” not an “or,” and speaks of “the portion” actually spent and substantiated, not of the whole allowance. What falls inside that portion when the expense report arrives incomplete is a reading for your advisor, not for this page.
Law 27.802 on Labor Modernization (Boletín Oficial, B.O., 3/6/2026 — March 6, 2026) replaced Article 105 of the LCT: supplementary benefits that are not social benefits form part of remuneration “with the exception of” a list. Four subsections are expense-policy material:
Article 6 of Law 24.241 uses the same words, and uses them to define what counts as remuneration for the purposes of that system: it treats as remuneration “travel allowances and representation expenses, except for the portion actually spent and substantiated by means of receipts.” Article 7, which lists the exclusions, does not mention them. How much in employee and employer contributions (aportes y contribuciones) follows from that in your payroll, and on what base, is calculated by whoever signs it.
The current text of Article 82 of the Income Tax Law says that “compensation in cash and in kind and travel allowances paid as an advance or reimbursement of expenses, for service assignments performed away from the site where the work is carried out, shall also be considered income of this category.” It does not say “unless accounted for”: it says advance or reimbursement.
And Article 81 of Law 27.743 added to it, effective January 1, 2024, the paragraph that shuts the door that used to be open: “the provisions contained in any type of laws — general, special or statutory —” shall not apply, nor decrees nor collective agreements, that establish an exemption, reduction or deduction of the amounts received. The list names “representation expenses, travel allowances, meals, transportation”; the only exception the text keeps is Law 26.176.
You may have been told that the employee deducts travel allowances up to the collective-agreement cap and, failing that, up to 40% of the non-taxable income amount (ganancia no imponible), with a special rule for long-distance transportation. That no longer applies: Article 70, subsection d), of Law 27.743 repealed the fourth through eighth paragraphs of Article 82, where those three rules lived, effective from fiscal year 2024. Corroboration: “ganancia no imponible” no longer appears in Article 82, “larga distancia” (long distance) appears nowhere, and in RG 4003 — the fourth-category withholding regime — neither “viático” (travel allowance) nor “movilidad” (transportation) appears.
Article 86, subsection e), survives — deduction of “transportation expenses, travel allowances and other similar compensation in the amount recognized by” the agency — but the amount is delegated and we have not verified any resolution in force that sets it. The non-taxable income amount of Article 30 is still published: ARCA publishes it at ARS 5,585,736.93 as the cumulative amount through December 2026, in the July–December table. It is the personal deduction, not the base of any travel-allowance cap.
Much of what circulates describes a framework that no longer exists.
What is at stake is not the amount of the expense: it is how the payment is classified. Without the portion “actually spent and substantiated,” Article 106 of the LCT leaves that sum on the remuneration side and Article 6 of Law 24.241 brings it inside its definition of remuneration for social security purposes. Which employee and employer contributions follow from that, and on what base, is a calculation for your payroll and for whoever signs it. What else it carries over into each element of the employment contract — the 13th-month bonus (SAC), vacation, the severance base — depends on the collective-agreement framework, and this guide does not assert it: we have not verified an official source that resolves it in general.
Here you have to be careful: this is the easiest point to overstate. Article 138 ties the pay-slip obligation to “any payment by way of salary or other form of remuneration,” and the minimum content of Article 140 — rewritten by Law 27.802 — does not mention travel allowances or non-remunerative reimbursements. Its subsection j) requires including the items “paid by the employer by legal or collective-agreement provision,” which could reach a collective-agreement travel allowance, but that is interpretation, not text. Recording it on an identified line is good practice, not a verified obligation.
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Four areas where an honest guide stops, because we found no official source that resolves the point. Always ask for the law, the article and the date behind any figure.
This guide stays with the text of the law on purpose: it cites the article, flags which word it uses and warns when we found no official source that resolves the point. Applying that text to your payroll — to your collective agreement, to your industry, to the specific way you pay each item — is work for a licensed professional, and no one on the Clara Global team is one. Take this list with you.
Ask them to put it in writing with the law, the article and the date. It is the same thing this guide does, and it is the only thing that can be reviewed later when the text changes again.
This guide reflects the consolidated text in force as of September 14, 2026. Every quotation was taken from the updated text published by InfoLEG (Ministry of Justice) or from the Boletín Oficial, not from summaries. When a statement depends on a validity note — a repeal, a replacement of an article — that note was also read in the consolidated text.
Three recent laws changed the framework: Law 27.743 (B.O. July 8, 2024) repealed the capped travel-allowance deduction regime of Article 82 and added the paragraph that blocks exemptions created by other rules; Law 27.799 (B.O. January 2, 2026) replaced Article 56 of Law 11.683; Law 27.802 (B.O. March 6, 2026) replaced Article 105 of the LCT and rewrote Articles 139 and 140.
What could not be verified is not asserted: no per-kilometer or cell phone and internet reimbursement amount, no cap below which a travel allowance without a receipt stays outside contributions, no conclusion on the remote-work exemption and no obligation to show it on the pay slip.
The text makes it depend on the receipt. Article 6 of Law 24.241 treats travel allowances and representation expenses as remuneration, except for the portion actually spent and substantiated by means of receipts, and Article 7, which lists the social security exclusions, does not mention them. How employee and employer contributions are calculated on a specific item on your payroll is something you confirm with your advisor.
No. Article 70, subsection d), of Law 27.743 (B.O. July 8, 2024) repealed the fourth through eighth paragraphs of Article 82 of the Income Tax Law, effective from fiscal year 2024. That is where the collective-agreement cap, the 40% of the non-taxable income amount and the long-distance transportation rule were.
They are two independent classifications, made by two different texts. Article 106 of the Employment Contract Law resolves the labor one with the receipt criterion. Article 82 of the Income Tax Law treats as fourth-category income the travel allowances paid as an advance or reimbursement of expenses for service assignments away from the work site, without mentioning the receipt, and a paragraph added by Law 27.743 declares inapplicable any exemption created by other laws, decrees or collective bargaining agreements. How your case comes out under each one is something you confirm with your advisor.
It replaced Article 105 of the LCT, which now lists as excluded from remuneration reimbursements with receipts for car use, travel allowances substantiated with receipts under the terms of Article 6 of Law 24.241, public transportation, and cell phone and internet expenses for work purposes. Article 106 remained intact.
We have not verified any rule that allows it. The second paragraph of Article 6 of Law 24.241 empowers the authority to grant exemptions despite the lack of receipts, but it is a delegation and we found no general rule that has exercised it. The text sets no amount: it names the portion actually spent and substantiated with receipts. If you still want to set an internal cap, discuss it with your advisor and put in writing that it is a risk-tolerance decision, not an allowance granted by the law.
We have not verified any rule that requires it. Article 138 of the LCT ties the pay-slip obligation to salary or other form of remuneration, and the minimum content of Article 140 does not mention travel allowances or non-remunerative reimbursements. Recording it on an identified line that refers to the expense report is good practice, not a verified obligation: if your collective agreement or your industry changes that, your advisor will confirm it.
Written by the Clara Global team based on the consolidated text in force on InfoLEG and in the Boletín Oficial, with the consultation date at the foot of each source. No licensed accountant reviewed it, which is why it is written close to the text: every legal statement carries its article, and anything that requires professional judgment is referred to your advisor instead of being resolved here. The framework changed three times between 2024 and 2026, the labor and the tax classification of the same travel allowance now run through different texts, and there are four points that no official source resolves and that are deliberately left open.
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