Specifically, the complaint states “The existence of a new regulatory system that establishes a tax equation, which is inequitable and disproportionate for companies that, prior to the enactment of the minimum tax law (called the Massalin law), practiced prices lower than the tobacco monopoly.”
“This would generate a clear benefit to producers of higher-priced product, reserving a market for the large multinational tobacco companies. The exposed situation subjects small local tobacco companies to a tax burden that imposes that, if they comply with the law, they will reach a irremediable state of cessation of payments that will prevent the continuity of activities and that will deprive hundreds of people of employment and support for their families. Hence, the workers have directly taken the initiative to formulate the complaint before the international organization “, they affirm.
In the same way, the complaint also states that “paradoxically, the new system also harms the State, not only by generating one less taxpayer than who can be made of income to increase the State coffers by tax collection, but also and , in short, reducing to poverty all the workers involved “.
The presentation made seeks that the Commission submits the case to the Inter-American Court, in order that it may eventually condemn the State for the violations denounced and, by way of reparation, the State nullify the decision of the Supreme Court of Justice of the Nation ( by virtue of the precedent in this sense “Fontevecchia”).
Additionally, urge the State to adopt the necessary measures to modify the current regulations on tax matters (based on the preceding “Kimel”) procedural situation that would allow workers to ensure the continuity of their sources of work.
Maximiliano Rusconi, professional accompanying the presentation, stated that “… the complaint has already been received by the Commission and, as a consequence, two procedures were generated before the aforementioned body; one for the substantive issue raised and, the other, for the precautionary measure that was requested. The situation of the workers is truly desperate, it generates a lot of anguish and pain not only in them, but also in their families due to the violation of various constitutional guarantees generated by the sanction of a tax reform carried out “to measure” of the Big Tobacco Companies to obtain even greater benefits, and harm the competition, the small local tobacco companies ”.
Source From: Ambito

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