The accountants are waiting for a clarifying decree of the Government regarding money laundering in reference to the Franchise of up to US$100,000 in cash and other points.
The drafting of current regulations It does not make clear whether this franchise acts as a non-taxable minimum or an exempt minimum.Things are not the same depending on whether you use one criterion or another.
As confirmed to Scope the owner of the Professional Council of Economic Sciences of the City of Buenos Aires, Gabriela Russo, The entity made a request to the Federal Public Revenue Administration (AFIP) of a clarification. “They told us they are working on it”he noted.
For now, the criterion The accountants’ interpretation is that the franchise does not act as a non-taxable minimum. but as a minimum exemption, which means that if a person launders more than US$100,000 in cash and you want to withdraw the money from the special account before December 31, 2025, you will have to pay 5% tax on the entire amount. If it were an MNI, you would have to pay for what exceeds the value of the deductible.
On the other hand, The government will confirm that the US$100,000 will act as a non-taxable minimum in the case of money launderingFor example, a home worth US$200,000 will pay the special tax on US$100,000.
The tax advisor Gustavo Policella He pointed out that the decree to be issued by the government “will specify the scope of the franchises that would be treated differently depending on the assets included in the money laundering.”
“In the case of regularizing money In cash and other assets, two calculations would have to be made. That is, if cash is regularized, the US$ 100,000 deductible should be considered as an exempt minimum, unlike the US$ 100,000 applicable to the rest of the assets that would receive treatment as a non-taxable minimum,” he explained.
He indicated that cash deposited before September 30 in a CERA “will be subject to payment of the tax as long as it exceeds US$ 100,000 and the subject decides not to keep it until December 31, 2025, nor to dedicate it to one of the destinations enabled by the regime.”
“In that case, the amount of the tax would be calculated by applying the 5% rate on the total regularized value, without deducting any amount, since the franchise in this case is an exempt minimum,” he explained.
Policella explained that “the treatment of the applicable deductible would be different in the case of the regularization of other assets.”
“Whom If the tax is applicable, the US$100,000 should be considered as a non-taxable minimum.. That is to say, if the tax is applicable, the amount of the tax would be calculated by applying the rate to the value that exceeds the sum of the deductible,” said the accountant.
Dependent relatives
The regime establishes that the US$100,000 deductible is per family group. This is to prevent someone who has US$300,000 to launder and has two children from dividing it among three and not paying the tax.
The problem is that the law He speaks of “dependent relatives,” something that is not clear how this would be proven. The decree will provide greater precision in this regard.
Fiscal plug
The concept of “fiscal plug” refers to for the benefit of the taxpayer that he claims that tax exemptions and fines will not be waived if the AFIP later discovers some undeclared asset.
Policella explained that the current regulations of the money laundering does not explain how apocryphal invoices should be treated.
Source: Ambito
