The author refers to the general consensus that current tax law appears insufficient to address legal concerns posed by e-commerce and new business models, identifying two main issues: (i) determining which jurisdiction has the right to tax profits derived by such commerce, and (ii) establishing rules for allocating those profits in different territories to avoid both double taxation and a lack of any taxation. 

With regard to Argentina, the author notes that the country faces a double challenge: firstly, resolving domestic regulation regarding the determination of income tax liability, and secondly, undertaking a serious study into the best way to implement the OECD’s Base Erosion and Profit Shifting (BEPS) report recommendations both on an international level (through international tax treaties) and domestically. The author points out that in various digital businesses, such as with Uber, they do not exploit for profit intellectual property rights nor patentable, intangible assets through their operation in Argentina.