Guide

Remunerative or non-remunerative travel allowances in Argentina: what the missing receipt costs you

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.

When does a travel allowance become remuneration?

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 test is two-pronged, not single

  • Actually spent. The text requires the amount to correspond to an expense that occurred. Whether a fixed amount per travel day, paid whether or not it was spent, meets that condition in your setup is a reading for your advisor to sign.
  • Substantiated by means of receipts. The text names a means — receipts — and mentions neither the plausibility of the expense nor the manager's sign-off. Which document counts as a receipt is covered in the companion guide on valid receipts.

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.

What Article 105 added in March 2026

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:

  • Subsection c) — car. Reimbursements with receipts for use of a car, “calculated on the basis of kilometers traveled,” in accordance with “usage and custom and/or the parameters set, or to be set in the future, as deductible” by ARCA (ex AFIP).
  • Subsection d) — travel allowances. “Travel allowances substantiated with receipts under the terms of Article 6 of Law 24.241”: the LCT text refers to the social security law.
  • Subsection e) — public transportation. Reimbursement with receipts of public transportation to and from work, “per day actually worked.”
  • Subsection g) — cell phone and internet. Cell phone and internet service for work purposes, “in accordance with the limits set by the Enforcement Authority.”

The social security leg: employee and employer contributions

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.

Why the answer can be the opposite for Income Tax

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.

The cap of 40% of the non-taxable income amount has been repealed

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.

The three laws that moved the floor between 2024 and 2026

Much of what circulates describes a framework that no longer exists.

What a missing receipt costs you

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.

And the pay slip?

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.

How to set up the expense report so the receipt exists

— (none; the section opens with the steps)

The edges where the law still does not close the question

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.

  • Remote work. Article 10 of Law 27.555 says the compensation for connectivity expenses “shall be exempt from income tax,” but the paragraph added to Article 82 by Law 27.743, which is later, declares inapplicable the exemptions created by other laws, and Law 27.555 is not among the exceptions. Do not treat it as settled.
  • Car per kilometer, cell phone and internet. Subsections c) and g) of Article 105 refer to usage and custom and to ARCA parameters whose specific issuance we have not verified. Put in writing the criterion you apply and its basis.
  • Travel allowances without receipts. The power in Article 6 of Law 24.241 is in the law, but we found no rule that has exercised it. Any internal cap is risk tolerance, not a legal allowance.
  • Collective bargaining agreement. Art. 106 preserves what professional statutes and collective bargaining agreements provide; the paragraph that Law 27.743 added to Art. 82 declares inapplicable the provisions of agreements that establish an exemption, reduction or deduction. The two texts speak of the same clause and do not say the same thing.

What to take to your accountant

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.

  • Item by item: are you paying a reimbursement against a receipt or a fixed-amount allowance, and how does each of the two texts classify it?
  • Which document do they accept as a receipt for each expense category, and what do they do with a partial or late expense report?
  • Your collective bargaining agreement: what does it say about travel allowances, and what effect does it still have after the paragraph that Law 27.743 added to Article 82?
  • If you pay remote-work connectivity: how do they handle the tension between Article 10 of Law 27.555 and that same paragraph?
  • If you want to set an internal cap for expenses without receipts: what risk does the company take on, given that we found no rule that allows any?
  • Which items is it advisable to show on the pay slip, and with what wording, if Article 140 does not list them?

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.

Methodology

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.

Frequently asked questions

Do travel allowances pay employee and employer contributions in Argentina?

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.

Is the cap of 40% of the non-taxable income amount for travel allowances still in force?

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.

Can a travel allowance be non-remunerative and subject to Income Tax at the same time?

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.

What did Law 27.802 of March 2026 change for expense reimbursements?

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.

Can I pay travel allowances without receipts up to a certain amount?

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.

Does a non-remunerative travel allowance have to appear on the pay slip?

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.

Sources

  1. Ley de Contrato de Trabajo 20.744 — texto actualizado (arts. 105, 106, 138 y 140) — InfoLEG — Ministry of Justice (Argentina). Retrieved 2026-09-14. Current text of Art. 106, with no replacement note, and of Art. 105 with its note of replacement by Law 27.802. Also Art. 138 and the minimum pay-slip content of Art. 140.
  2. Ley 27.802 de Modernización Laboral — Boletín Oficial de la República Argentina (Official Gazette). Retrieved 2026-09-14. Published March 6, 2026. It is the law that replaced Art. 105 of the LCT and rewrote Arts. 139 and 140.
  3. Ley 24.241 — Sistema Integrado de Jubilaciones y Pensiones, texto actualizado (arts. 6 y 7) — InfoLEG — Ministry of Justice (Argentina). Retrieved 2026-09-14. Art. 6: travel allowances are remuneration for the purposes of the system, except for the portion spent and substantiated with receipts; its second paragraph is the unexercised delegation. Art. 7: exclusions, where travel allowances do not appear.
  4. Ley de Impuesto a las Ganancias, texto ordenado 2019 — texto actualizado (arts. 30, 82 y 86) — InfoLEG — Ministry of Justice (Argentina). Retrieved 2026-09-14. Current Art. 82, with the paragraph added by Law 27.743 and the notes repealing the fourth through eighth paragraphs. Art. 86 subsection e), deduction for transportation and travel allowances with no amount of its own. Art. 30, semiannual adjustment.
  5. Ley 27.743 — Medidas Fiscales Paliativas y Relevantes (art. 70 inc. d) — InfoLEG — Ministry of Justice (Argentina). Retrieved 2026-09-14. The law that repealed the fourth through eighth paragraphs of Art. 82, where the collective-agreement cap and the 40% of the non-taxable income amount were, effective from fiscal year 2024.
  6. RG 4003-E/2017 — régimen de retención de cuarta categoría, texto actualizado — InfoLEG — Ministry of Justice (Argentina). Retrieved 2026-09-14. The instrument the employer uses to withhold. The words “viático” and “movilidad” do not appear in the updated text: it is the practical confirmation of the repeal.
  7. Deducciones del artículo 30 — régimen de retención, julio a diciembre de 2026 — ARCA — Agencia de Recaudación y Control Aduanero (Argentina's tax and customs agency). Retrieved 2026-09-14. Official value of the non-taxable income amount of Art. 30 subsection a) for the second half of 2026. It is the personal deduction: it is no longer the calculation base of any travel-allowance cap.
  8. Ley 11.683 de Procedimiento Fiscal, t.o. 1998 — texto actualizado (art. 56) — InfoLEG — Ministry of Justice (Argentina). Retrieved 2026-09-14. Statute-of-limitations periods for the tax authority's actions, with the note of replacement by Law 27.799 (B.O. January 2, 2026). Statute of limitations and retention are distinct legal concepts.
  9. Ley 27.555 — Régimen Legal del Contrato de Teletrabajo (arts. 9 y 10) — InfoLEG — Ministry of Justice (Argentina). Retrieved 2026-09-14. Right to compensation for connectivity expenses and its Income Tax exemption. It is cited as one of the two ends of the tension with Art. 82 as amended in 2024, not as a conclusion.
About this guide

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.

This guide is operational guidance and does not replace professional tax, accounting or legal advice. It was written by the Clara Global team reading the consolidated text in force as of September 14, 2026, and no one at Clara Global reviewed it as a licensed accountant: there is no professional signature behind these pages. It describes what each cited rule says; it does not resolve your case, because the collective-agreement framework, the industry and the specific way you pay each item can change the answer. Before changing an expense policy, a payroll run or a pay slip, confirm with your Argentine advisor how each travel allowance is classified, what goes into the base for employee and employer contributions and how Income Tax is withheld.

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