Article 52 of the annex to Law 24977 that regulates the Simplified Regime for Small Taxpayers (Monotribute) establishes the mechanism for annual updating of the different parameters that allow the categorization of the monotributista, effective as of January 1 of each year.
And, in its third paragraph, it provides that “with exclusive effect in the case of gross income parameters, the national Executive Branch is empowered to advance the update semiannually to July using the mobility index indicated in the first paragraph.”
This power has been used on several occasions by the Executive Branch; without going any further last year. But as can be seen, although the measure is necessary and fair when recognizing the effects of the inflationary process, it is not sufficient or, at least, it is partial.
Indeed, The limitation of the power to the parameter of gross income appears as a partial or incomplete solution to economic reality, which can only be resolved through legal reform.
There are two concepts tied to the development of the activity. On the one hand, the amount of rent accrued, which also follows the rhythm of inflation and, since it is not contemplated, can be an exclusion factor. And, on the other hand, the parameter of the maximum sales price for the case of sales of movable things that goes hand in hand with the increase in prices and which is an intrinsic and inherent element in the calculation of gross income.
In general, the update does not occur due to an increase in the volume of sales or services provided, but rather due to the impact of inflation on prices.
A LIMITED RECOGNITION
Thus, within the modifications proposed in the fiscal package in relation to the Monotax, the incorporation of a last paragraph to the aforementioned article 52 is promoted, which authorizes the PEN to increase, during fiscal period 2024 the maximum billing amounts, the amounts of rent accrued and the amounts of the integrated tax to be paid, the pension contributions and certain amounts recorded in the Social Inclusion Regime and promotion of Independent Work.
But as can be seen, this recognition of the criterion of comprehensive and harmonious updating of parameters and values is temporarily limited to the current year and, consequently, the partial and incomplete updating power will remain in force from 2025.
The authorities’ economic projections probably envision a horizon of minimal or no inflation and hence the time limitation. However, permanently maintaining the incorporated paragraph, which is optional, not imperative, does not prevent a better future. It is simply a legislative provision.
Perhaps, reformulating the third paragraph of article 52, maintaining the semiannual update (the paragraph to be incorporated does not contain an express adjustment moment) and incorporating indexing of parameters and values in a comprehensive manner as projected would be an appropriate solution.
Source: Ambito
