What the fine print says, rates and who can enter

What the fine print says, rates and who can enter

December 27, 2023 – 15:20

The money laundering project is included in the long-anticipated omnibus law that the Government sent to Congress this afternoon.

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The Government sent to Congress the much anticipated “omnibus law”which included a money launderingwhich provides with tax measures that those who have undeclared assets, disclose them.

The possibility of applying to “Regime for Exceptional Regularization of Tax, Customs and Social Security Obligations” from the entry into force of the law, if approved, and until November 30 of next year.

The assets that are expected to be laundered within Argentina are, among others, cash, shareholdings, estate, securities (bonds, stocks, etc.) and Intangible goods.

In addition, all of them can also be declared if they are abroad, to which is added the cryptocurrency holding. Although, the standard provides that in no case can they be bleached holdings in tax havens.

Money laundering: what are the rates?

He Money laundering will have 3 stages, the tax base will be US$100,000 and the rates will vary between 5% and 15%, as time progresses the percentage increases.. The stages go:

  1. From the entry into force until March 31, 2024, inclusive, and with the date of presentation of the sworn declaration and payment of the tax until May 31: in that case the rate would be 5%;
  2. From April 1 to June 30, 2024, both dates inclusive, and with the date of presentation of the sworn declaration and payment of the tax until August 31, 2024: in that case the rate would be 10%;
  3. From July 1, 2024 and until September 30, 2024, both dates inclusive, and with the date of presentation of the sworn declaration and payment of the tax until November 30, 2024: in that case the rate would be 15%.

Money laundering: who is excluded?

Within the bill, the “public workers“, who have performed duties from December 30, inclusive, and until the date of entry into force of the rule.

Those excluded are:

  • President and vice president of the Nation, governor, vice governor, head or vice head of government of the Autonomous City of Buenos Aires or municipal mayor.
  • Senator either national deputyprovincial or of the Autonomous City of Buenos Aires, or municipal councilor, or Parliamentarian of Mercosur;
  • Magistrate of the Judicial Branch national, provincial, municipal or of the Autonomous City of Buenos Aires;
  • Magistrate of the Public Ministry national, provincial, municipal or of the Autonomous City of Buenos Aires;
  • Ombudsman or deputy of the national, provincial, municipal or Autonomous City of Buenos Aires Ombudsman;
  • Head of Cabinet of Ministers, minister, secretary or undersecretary of the national, provincial, municipal Executive Branch or of the Autonomous City of Buenos Aires;
  • Controller federal, provincial, municipal or of the Autonomous City of Buenos Aires;
  • General Trustee of the Nation, deputy general trustee of the General Sindicature, president or auditor general of the General Auditor’s Office, higher authority of regulatory entities and the other bodies that make up the control systems of the national, provincial, municipal or Autonomous City of Buenos Aires public sector, and the members of administrative jurisdictional bodies at the three levels of governments;
  • Member of the Judicial Council or the trial jury;
  • Ambassador, consul or official deployed on permanent official mission abroad;
  • Active personnel of the security forcesarmed, of the Argentine Federal Police, of the Airport Security Police, of the National Gendarmerie, of the Argentine Naval Prefecture or of the Federal Penitentiary Service, with a rank no less than colonel or equivalentpersonnel of the provincial, municipal or Autonomous City of Buenos Aires Police with a category not lower than that of Commissaror lower category personnel, in charge of the Police Station;
  • Rector, dean or secretary from the national, provincial, municipal universities or the Autonomous City of Buenos Aires;
  • Official or employee with a category or function not lower than that of director or equivalentwhich provides service in the national, provincial, municipal or Autonomous City of Buenos Aires Public Administration, centralized or decentralized, autonomous entities, banks and financial entities of the official system, social works administered by the State, companies of the State, State companies or personnel with a similar category or function and in other public sector entities;
  • Comptroller collaborating official federal, provincial, municipal or of the Autonomous City of Buenos Aires, with a category or function no lower than that of director or equivalent;
  • Staff of the General Sindicature, the General Auditor’s Office, regulatory entities and other bodies that make up the control systems of the national, provincial, municipal or Autonomous City of Buenos Aires public sector, and the members of administrative jurisdictional bodies at the three levels of government, with a category not lower than that of director or equivalent;
  • Public official or employee in charge of granting administrative authorizations for the exercise of any activity, as well as any public official or employee charged with controlling the operation of such activities or exercising any other control by virtue of a police power;
  • Official who is part of the control bodies of privatized public services, with a category no lower than that of director;
  • Personnel who work in the Legislative Branch national, provincial, municipal or of the Autonomous City of Buenos Aires, with a rank not lower than that of director;
  • Personnel who serve in the Judicial Branch or in the Public Ministry national, provincial, municipal or of the Autonomous City of Buenos Aires, with a rank not lower than secretary or equivalent;
  • Public official or employee who is part of committees for awarding tenders, purchasing or receiving goods, or participates in making tender or purchasing decisions. at any of the three levels of government;
  • Public official whose function is to administer public or private assets, or control or supervise public income whatever its nature;
  • Director or administrator of entities subject to external control of the National Congressin accordance with the provisions of article 120 of Law No. 24,156;
  • Intelligence agency personnelwithout distinction of grades, whether its status as a permanent or temporary review.

Likewise, the “family members of public officials” so much spouses as ascendants, decendents and ex-spouses“who had been spouses during the time in which said subjects held the detailed positions.”

News in development…

Source: Ambito

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