He money laundering The system that the government launched is so generous with taxpayers that it offers multiple alternatives to regularize the situation with the tax authorities. at zero or very low cost.
Thus, for example, due to economic instability, would allow to solve at a tenth of the cost gaps in past consumption with undeclared money.
Mario Volmanprofessor of taxation at the University of Buenos Aires (UBA)raises a case that could be that of people who took advantage of the cheap dollar in 2021 to make some purchases with undeclared money.
“It would be the case of a person who He takes a trip with his family and spends $30,000 when the dollar was at $100 (June 2021). In the affidavit of that year, the person has a $3 million hole. Bleaching allows it to be solved, but now, as The official dollar is at $1,000, you solve it with $3,000.”
Strictly speaking, Exchange rate differences when externalizing dollars “from the past” can play in favor of the taxpayer. According to the UBA professor, there is Chamber jurisprudence in favor of taxpayers in Mauricio Macri’s previous money laundering.
Fiscal Plug
Beyond that, The other benefit that the taxpayer has is that he has what is called a “fiscal cap”The concept of this is that if a person laundered assets and, for some reason, did not declare something, If the Federal Public Revenue Administration (AFIP) discovers it, you do not lose the benefits of what you have already regularized.
Tax specialist Martin Caranta told Ambito that, “If the AFIP were to detect any asset or possession that was owned by the person who participated in the money laundering scheme that had not been declared under the Asset Regularization Regime nor before, the subject who carries out the regularization will be deprived of the benefits mentioned in the previous point, without the benefits of laundering for the assets that he regularized being affected.”
“In other words, The money laundering does not end, but the forgiveness of taxes and penalties for assets that were held before December 31 without declaring them is lost.” Caranta explained.
The regulatory decree established a minimum threshold of 10% with respect to the regularized assets. If this value is exceeded, the benefits of the fiscal cap are considered to be lost.
How can the AFIP act?
The tax expert indicated that, “If the value of the assets or holdings not disclosed is less than 10% of the total value of the laundered assets, the AFIP will determine ex officio the omitted tax(es). regarding the detected holdings and assets, plus their accessories and corresponding sanctions, which will not cause the fiscal cap to expire.”
“If the value of the assets or holdings not disclosed exceeds the minimum threshold, the AFIP will proceed in the same way, and will consider the benefits of the tax cap to have lapse. This also means that the taxpayer will be able to claim taxes and penalties for assets that he or she had without declaring before December 31, 2023,” explained the tax advisor.
Source: Ambito
