According to the general rule, for prevent a person with -For example- US$400,000, Divide your funds between your wife and two children, leaving four with US$100,000 and dodge taxit was established that the franchise is for “family” who are defined as “dependents”.
Assuming, then, A couple with two children, both of whom work and each have assets of US$100,000the appropriate thing is that each one launders his money and neither one will pay. Assuming that one of the two declares two dependent children, the deductible of up to US$100,000 is divided between the three.
The problem with this, according to Sebastián Domínguez, CEO of SDC Tax Advisors, Ambit is that “the concept of person in charge is not clear.” The regulation of the AFIP does not explain how this condition is demonstrated.
Beyond that, Dominguez elaborated some Key points of the externalization program:
Since when will it be possible to express support for money laundering?
The manifestation of adherence to the Regime may be made from tomorrow, July 18, 2024, until March 31, 2025, both dates inclusive.
How will support for whitewashing manifest itself?
The adhesion to the laundering must be done through the service “Portal Regime of Assets Regularization Law No. 27,743”, by completing the adhesion form F. 3320. Those who launder up to US$100,000 and do not have to pay tax, will express the adhesion through Form F 3320.
Does AFIP allow the $100,000 deductible to be prorated?
Decree 608/2024 established that The prorating of the US$100,000 franchise applies when the taxpayer who regularizes has in his charge any of the relatives indicated by Law 27,743 and they also adhere to the regime. Through the General Resolution, the AFIP did not regulate what “is in charge of” means to determine the apportionment of the US$100,000. However, it established that in the Affidavit of laundering, information must be provided regarding the existence of regularization by other members of the family group of the taxpayer or responsible party.
Under what codes will the advance payment be entered?
The advance payment in dollars must be made by VEP F. 3323 imputing it to Tax 1009, Concept 027, Subconcept 027. When the advance payment can be made in pesos, it must be made by VEP F. 3326 imputing it to Tax 1010, Concept 027, Subconcept 027.
When can the affidavit of money laundering be submitted?
The affidavit form for money laundering is F. 3321 and must be submitted through the “Portal Regime for Asset Regularization Law No. 27,743” service, accessing the “Adhesion Statement” option, “Affidavit – Asset Regularization Regime” option until the deadline to do so.
The Affidavit form will be available from the following dates, depending on each stage:
- Stage 1: October 7, 2024
- Stage 2: January 2, 2025
- Stage 3: April 1, 2025
How is ownership of the assets to be regularized demonstrated?
The General Resolution does not expressly indicate what requirements must be met to prove ownership, possession, tenure or custody as of December 31, 2023, but rather states thatissues the guidelines that will be established through the “New Fiscal Pact” microsite (https://www.afip.gob.ar/nuevopactofiscal). As of 07/17/2024, the information is not yet available on that microsite.
Under which codes should the excise tax be paid?
Cancellation of the special tax in dollars It must be done using VEP F. 3323 with codes 1009-019-019. When a difference in advance payment and an increase in the outstanding balance are due, the following codes must be used:
In cases where the special tax can be entered in pesos, VEP F. 3326 must be generated using the following codes:
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Special Tax in pesos: 1010-019-019.
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Increase in Outstanding Balance in pesos: 1010-019-502.
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Mandatory Advance Payment in pesos: 1010-027-027.
How to prove that the minimum value of urban properties is higher than the market value?
When the minimum value of urban properties according to regulations is less than the market value of the property, The documentation that proves this circumstance must be submitted through the “Digital Presentations” service, using the procedure “Law 27,743 – Application for reduction in tax base for urban properties”. The documentation, according to Decree 608/2024, must be a certificate of valuation of the property issued by a real estate broker or other qualified professional whose title enables him to do so.
Through digital submission, the reduction of the tax base to that arising from the valuation certificate must be requested and will be subject to review by the AFIP.
Source: Ambito
