CAC’s arguments
“The levy established by the rule is further aggravated by not considering the calculation of losses from previous years or allowing the reduction or cancellation of the additional advance due to the estimation of lower or null results in the current year,” said the CAC.
At the same time, he pointed out that the agency does not consider “the existence of taxpaying capacity, becoming in excess of the powers that the law grants to the AFIP, since it loses the nature of an advance payment of the tax that must be paid for the exercise to become a forced and gratuitous loan”.
“This situation eventually makes it unconstitutional in the face of the violation of the principles of taxable capacity and property rights, and unnamed reasonableness required by the National Constitution for all tax regulations”held.
He explained that to this “it must be added that it constitutes, due to the effect of the inflationary process and its current application, a use of own resources for the coming years, altering, in practice, the legislation on budget matters.”
The entity insisted on putting the entire adjustment required by the national economy at the head of the private sector, in this case via a virtual free loan for certain taxpayers that will reduce their ability to produce, invest and provide employment.
The CAC warned that “everything is aggravated by the unforeseen nature of the modification, which does not seem to take into account that companies budget their activity and their flow of funds, which are drastically altered by the obligation to enter the additional advance payment.” “We request the suspension of the resolution”, claimed in the letter signed by the president of the CAC, Mario Grinman, and the entity’s treasurer, Edgardo Phielipp.
AFIP’s response
The head of the Federal Administration of Public Revenues (AFIP), Carlos Castagneto, spoke of the possibility that companies appear before the Justice for the advance payment of Profits, the head of the AFIP indicated that they are in talks with the Argentine Industrial Union and that what is sought with this measure is that the country continue to deploy its activities and continue along this path of growth”.
“The advance is based on the tax determined on profits, with rates of 15% or 25%. We calculate that it is about $250 billion approximately. It is a payment that we want to advance so that the country continues to carry out its activities and continue along this path of growth“, held.
Source: Ambito
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