The norm, in detail
Renewables in Neuquén: Property and Stamp Tax exempt for 20 years, Turnover Tax 0% for the first 5
Provincial Law 3108 (2018) + Decree 355/2019
in forcePROVINCIAL
Energy and natural resources
What changed and who it applies to
What changed
Neuquén created a provincial regime to promote electricity generation from renewable sources that grants, to projects located in the province framed under national Laws 26.190 and 27.191, three provincial tax benefits: (a) Property Tax — a twenty (20)-year exemption on the real estate or part thereof allocated to installing the renewable generation plants; (b) Stamp Tax — a twenty (20)-year exemption on the acts, contracts or operations linked to the development, construction, technology acquisition, civil/electromechanical/electrical works, generation, supply and operation and maintenance of the plants; (c) Turnover Tax — a rate of zero percent (0%) on the renewable-generation activity during the first five (5) years (once that term expires, the Fiscal Consensus rate applies, provincial Law 3090). Adhesion to national Law 27.191 is done with reservation of provincial tax powers and with the exception of the first paragraph of Art. 17 of that law. The regime sets no investment floor and applies to any plant scale (solar/wind/hydro/other renewables). The benefits are not automatic, and the law says so itself: the exemptions "begin to apply from the approval, by the enforcement authority, of the project for electricity generation from renewable sources" —the authority being the Ministry of Economy and Infrastructure (art. 6)—; to gain access one must "prove the absence of debt in the taxes hereby exempted or having regularized it through inclusion in payment schemes"; and failure to comply with the approved project "gives rise to the revocation of the benefits established by this law and to the claim of the taxes not paid, plus their interest and adjustments" (art. 5). verif · Apr 25, 2018 ↗
In force
For each project, the exemptions apply from the moment the enforcement authority approves it, not from the enactment of the law. The regime became operational with regulatory Decree 355/2019, which the Provincial Revenue Directorate itself publishes as the regulation of Law 3108. prob · Apr 25, 2018 ↗
Who it affects
Natural or legal persons holding investments or concessionaires of projects to install electricity-generation plants from renewable sources (solar, wind, hydro and other renewables) located in Neuquén, framed under national Laws 26.190 and 27.191. It covers any plant scale, which makes it the fiscal gateway for the mid-sized and small renewable developer/supplier, complementary to Law 3502 ("Invest in Neuquén", floor USD 500,000). prob · Apr 25, 2018 ↗
The norm
Neuquén's provincial Ley 3108, "Fuentes Renovables" (renewable sources), 8 articles, implemented by provincial Decreto 355/2019 — which the Dirección Provincial de Rentas publishes on its own site as the regulation of this law. Adherence with a tax reservation to national Ley 27.191 (which amends national Ley 26.190), Art. 1 of Ley 3108. Enforcement authority: Ministerio de Economía e Infraestructura (Art. 6). Not confirmed at the primary source: the Boletín Oficial No. 3682 attributed to the decree — the record published by the Dirección Provincial de Rentas is only a link to the PDF. verif · Apr 25, 2018 ↗
Our reading
Neuquén is not only gas and oil: for renewable generation it sets up its own regime that exempts Property and Stamp Tax for twenty years and puts Turnover Tax at 0% for the first five, with no investment floor. Where Law 3502 starts at USD 500,000, this regime lowers the gateway to any scale of solar, wind or hydro plant — the provincial incentive the developer and the renewable satellite supplier needed to plug into the energy transition. The flip side is that the benefit is earned with the project approved: the exemption starts running when the Ministry of Economy and Infrastructure approves it, and if the project is not carried out the province revokes it and claims the taxes with interest. thesis
Where it lands, province by province1
Neuquén Property and Stamp Tax exempt for 20 years + Turnover Tax at 0% for the first 5 for renewable generation plants (solar/wind/hydro), any scale, from the moment the enforcement authority approves the project. Adhesion with tax reservation to Law 27.191. It reaches projects below USD 500K that fall outside Law 3502. favorable thesis
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Ignacio Aredez· Chief analyst
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