July 20 is the deadline for the recategorization of monotributistasas long as there are variations in the parameters of annual income, area or energy. But for this maturity, due to the inflationary process, the income parameter is the most sensitive and can leave the small taxpayer out of the simplified regime or cause a change to a larger category..
This situation is reached because the increase in gross income of the last 12 months (which are taken to calculate the recategorization or exclusion), in general, it is not produced by an increase in the volume of sales or provision of services, but by the impact of inflation on prices. Moreover, there may be cases in which with lower sales they obtained higher income.
With an aggravation, the monotributistas that is excluded will be taxed by the general regime (Profits, VAT and Social Security)but in general it does not have the sufficient administrative structure to support the change, when if the simplified regime reflected the economic reality, the exclusion should not occur.
The accountant Marcelo D. Rodríguez, head of MR Consultores, pointed out “The inflationary scenario that the economy is experiencing makes it imperative that the aforementioned parameters be updated during the current month of June, so that they are considered in the semi-annual recategorization that operates in the month of next July.”
Now, does this situation have an immediate solution? The answer is yes, as explained in the Fiscal News supplement of 5/30/23.
Although the Monotax Law provides for a mechanism for annual update of the parameters. However, the possibility is foreseen that if an annual update of the most significant parameter is not sufficient, if an acceleration in the inflationary process is verified, the Executive Branch is empowered exclusively for the case of gross income parametersto advance the update every six months to July using the same mobility index that is applied to the annual update.
In such a way that if the Government makes use of the power of the law, updating semi-annually, the new, more representative values, could be applied on the next due date of July 20 to evaluate the situation of monotributistas.
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The Professional Council in Economic Sciences of CABA sent a note to the Minister of Economy, Sergio Massa, requesting him to update the parameters of the Monotributo and in that letter (12-5-23) it highlights that: “Yesterday the mobility was announced of pension benefits for the April-June quarter, which reached 20.92%, therefore, added to the adjustment for the January-March 2023 quarter, which reached 17.04% according to ANSES Res. 2/2023-, we would reach an adjustment for the full semester of 41.5248% that would be applicable for the purposes of the mentioned update.”
The professional entity performs the calculation in accordance with the adjustment mechanism and the parameters provided by the same article 52. From that date to the present, other entities have joined the request.
New categories for monotributistas
Therefore, if the PEN adjusted the values of the annual income of the different categories, using the aforementioned index (41.5%), Category A would go from $999,657.23 per year to $1,414,514.98; Category H (last for Services) from $5,650,236.51 to $7,995,084.66 and Category K (last for sale of furniture) from $8,040,721.19 to $11,377,620.48.
Rodríguez goes further and emphasizes, “We must emphasize that inflation has distorted all the updating mechanisms in force in our Tax System. Congress should then review them so that their impact operates over shorter periods of time, such as quarterly.
Strictly speaking, although there is an immediate solution, it partially reflects the inflationary incidence with respect to the total parameters of the simplified regime (Monotributo).
Despite a subsequent legislative reform, what is necessary is to update the amounts of annual income so that the next recategorization is more in line with economic reality.
Source: Ambito
