He money laundering launched by the Government is advancing in its first stage, and although it has aroused interest and a good level of adhesion, it still raises doubts among taxpayers and professionals who must advise them on whether or not it is appropriate to enter the regime.
To this end, the head of the AFIP, Florence Misrahi, and officials from the tax collection agency answered questions put to them at meetings organized by the Professional Council of Economic Sciences of the City of Buenos Aires and by the Argentine Industrial Union.
According to the entity that brings together accounting professionals in the Federal Capital, officials answered some of the main questions. The following is a list of the 10 main questions:
1 – Question: How is the international transfer to pay the Special Tax?
Answer: A process is being worked on that will allow the local bank that receives the transfer from abroad to issue the VEP. This will avoid errors that have occurred in the past for this type of operation.
2 – Q: In relation to counterfeit invoices, are those that are under administrative, contentious-administrative or judicial discussion in the tax, foreign exchange and customs criminal areas covered by the exemption of article 34 of Law 27743?
A.: They are not covered by the release, a situation that applies to all cases, in accordance with the provisions of article 21 of Decree 773/2024.
3 – Q: In cases where all the funds existing in a bank account have not been declared as of December 31, 2023, can the difference for the undeclared funds in that same account be regularized?
A.: The assets included in the tax include “national or foreign currency, whether in cash or deposited in bank accounts or any other type of entity resident in Argentina”, so the undisclosed holding would be subject to regulation. In this regard, it is clarified that it would not be a difference in valuation but rather a larger amount of currency that had not been declared.
4 – Q: What is the special income regime for the Personal Property Tax (REIBP)?
A.: Decree 773/2024 established that registered taxpayers whose sworn declaration does not show a tax determined in 2023 may join the REIBP in the event of externalizing assets. In this case, the agency made an important clarification: they must comply with the Personal Property 2023 presentation.
If the 2023 tax period results in a determined tax and you externalize assets, you do not file the 2023 personal property tax return and submit the REIBP. If the 2023 tax period does not result in a determined tax and you do not externalize assets, you cannot join the REIBP and you submit the 2023 personal property tax return.
5 – For those who adhere to the REIBP, what happens with the perceptions suffered between November 23, 2023 and December 12, 2023, both dates inclusive, which in accordance with the provisions of AFIP General Resolution 5450/2023 (which modified AFIP General Resolution 4815/2020), are computable for the 2024 fiscal period?
A.: These perceptions may be computed by those who adhere to the REIB. A regulation will soon be published that modifies article 10 of the AFIP General Resolution 5544/2024 indicating that the perceptions “incurred” during the 2023 period will be considered.
6 – Is it possible to cancel the REIBP payment with the balances in favor from other taxes?
A.: Yes. A Resolution was also issued clarifying the provisions of Article 7 of Decree 773/2024, indicating that all credit balances must be reported in the Computable Free Availability Balance field. However, REIBP offsets must be made with said credit balances, through the Tax Accounts system in accordance with AFIP General Resolution 1658/2004.
7 – What happens if the 2023 tax period does not result in a tax determination and assets are externalized?
A.: First you must file the 2023 personal property tax return and then join the REIBP.
8 – Regarding cryptoassets, is it permitted to externalize, but not all of them, but those that were found as of December 31, 2023 under the custody of Virtual Service Providers registered with the National Securities Commission (CNV)?
A.: But for those who do not meet this condition, the AFIP has enabled another window of opportunity for them to enter the whitening process. If they were not, they can enter them before September 30 and keep them until that date.
9 – Can merchandise stock be laundered?
A.: In response to the controversy that arose over the fact that ownership would be accredited by presenting an invoice/s or equivalent documents, which many taxpayers do not have, “any other type of contract or reliable means that would work was incorporated.”
10 – Without a 12-day extension for the end of “Stage 1” (September 30), is the expectation of accountants – given the accumulation of deadlines – that the Minister of Economy, Luis Caputo, will make use of the power of extension granted to him in the same Law?
Q: It is not the responsibility of the AFIP to define that date, for now there is nothing more than that, is what AFIP officials indicated.
Source: Ambito
