Certain conflicting issues still remain without a solution, now aggravated by the different verified evolution between indices and exchange rates during the past year. In some cases, distortions (such as differences in change) of the year 2024 evolved in the opposite direction to those produced in 2023.
Eventual update of exchange goods.
Although with less importance than last year (due to the decline in the inflation rate) the doubt is maintained with respect to the purpose of quantifying the final existence in the determination of the cost, the price of the last purchase of the merchandise of resale and materials or products in process.
When these goods have an antiquity greater than two months, the “special and previous” standard used to value stocks, provides that the amounts A must be updated from the purchase or production as the case of the year closure (art. 56 lig).
However, art. 93 of the LIG (general and posterior rule) that provides the update “generic” of costs refers to a series of articles of the law without mentioning art. 56, opening the possibility of raising arguments both for and against the update of exchange goods.
Different ways of updating goods of use. Eventual retroactivity.
The amounts linked to the goods of use must be re -expressed according to the table that corresponds to the former AFIP; This table should be considered for both the amortizations and for the costs of those goods acquired in exercises initiated from 1,2018 (or previously incorporated but revalued in the terms of Law 27,430) and subsequently alienated; For its part, the jurisprudence admitted the retroactive update of amortizations widely at the telephone case of Argentina SA
However, the official update tables to which art. 93 of the LIG because Arca (Ex AFIP) does not make the scale that must be made based on the Indec Consumer Price Index (IPC); To complicate the issue, this last agency only publishes the monthly increases, but not the indices of the CPI.
In the facts, the update tables are made by third parties; But even in that case, it is not clear how statistical drags are corrected, nor on whether the indices must be segregated monthly (as literally has the lig) or accumulate by trimester or per year (at least in the oldest periods) as prior to the convertibility law (L. 24.073).
Pyrally the autonomous fiscal costs originated in the purchase of goods of the fixed asset that force a positive dynamic adjustment (acquisitions that are usually carried out in recent months of the year to avoid the harmful effect resulting from the mechanics of the axi) remain high.
When the investment is specified with indebtedness, the detrimental effect is double: a positive adjustment is made in the high year and the financing is considered passive exposed, generating profits during (the following period (s) (s).
Exchange delay of 2024. Effects.
At the time, both the lack of representativeness of the CPI and some consequences of the disparity in the evolution of the different variables of the economy were analyzed. (1)
The current situation remains as distortive (although with reverse sign) as the verified during the year 2023. The increases recorded during the year 2024 were the following:
As noted doctrinarily, the CPI is not representative of inflation and the reasons are unknown because the unification of indices being so harmful through Law 27,430 was not more questioned by taxpayers and professional entities. In fact, the adoption of IPC adjustment represented significantly amortizations, computable costs and real results (both profits and losses) among other concepts.
In particular, due to the axi mechanism, the effect on the debts of the dollar value implies the recognition of an important gain taxed by the LIG; If there were bakers originated in the differences in change of previous years, these losses should be considered to be updated values to maintain the interimal result in real terms.
The consequence is reverse when the axi is calculated on credits and deposits in foreign exchange (by the distortion pointed supra, the assets are protected to a greater extent than the taxable utility); But the material effect is lower due to deferral when it comes to foreign source income.
Accumulated breakdown update. Validity of the topic and new project.
There are numerous pronouncements of the doctrine regarding the recognition of the update of accumulated brokenness. After some initial hesitations (stays El Hornero SA), the jurisprudence of the Court (from Bradesco to Cereal SA transport) seems to be admitting the possibility of re -expressing them to constant values.
Recently it has transcended a limited recognition project for breaking update. The message includes the following paragraph: “Although the eleventh paragraph of article 25 of the Tribute Law is fully in force, the coefficient of update that must be considered is one (1), since article 93 of the Tax Law, except for the expressly mentioned exceptions In its second paragraph -among those that are not found-, In its first paragraph, it provides that it must be provided in article 39 of Law No. 24,073. ”
The underlined is wrong: that art. 39 established the freezing of the amounts of the Law of Fiscal Procedures and the Tables elaborated by the former AFIP, but the accumulated brokenness (partially similar to personal deductions for human people) were always updated directly by difference in indices ; in this case according to the variation of the IPMNG (now IPIM) according to art. 25 of the LIG whose legislative modification is being proposed.
Since both literalness and the reasonableness of the norms always endorsed the reprisvression of the non -absorbed losses, allow it to the future (with an important liquefaction for those who would have used it) implies a restrictive and non -expanding purpose in the compensation mechanism of the breakdown accumulated proposed in the project; Notwithstanding which, its retroactivity can continue to discuss judicially despite the reform.
Additionally, it should be taken into account that confiscatoriness (in the terms of “Candy”) is more difficult to demonstrate in the case of personal income than in business profits.
Finally, in addition to the breakdowns, the replacement of the IPIM with the CPI through Law 24,073 for almost all the purposes of the LIG represented for the periods prior to 2024, an important quantitative limitation in the updated computation of the deductions and costs in terms in terms Real.
We understand that these, and other concepts conceptually analogous must be corrected shortly, to prevent them from becoming more distortive than the deviations they intend to correct.
Public Accountant Tax
(1) of the author: Inflation: Dollarization and price indices. Differences and effects; Published in Errepar Tax Doctrine (DTE); Volume/ Bulletin XLV; April 2024
Source: Ambito
