In just over 10 days Taxpayers who wish to benefit from the Law on Relevant and Palliative Tax Measures must define their situation. That is, They will have to declare what they are going to launder and their tax advisors determine the tax they will pay.
Although it may seem simple, Carrying out this procedure is not easy for accountants and their clients.. Clarifying resolutions on money laundering are still being issued, making it difficult for professionals to provide adequate advice. At least, that is what professional advice has been warning about for a couple of weeks now.
Calls for the postponement of the dates of the first stage for the declaration, which is September 30, collided until now against the refusal of officials from the Ministry of Economy. In fact, last week the head of the Federal Public Revenue Administration (AFIP), Florencia Misrahi, At a meeting organized by the Professional Council of the City of Buenos Aires, he ruled out the possibility.
And the AFIP, in principle, could lack the authority to modify the dates, the same as the National Executive Branch, because The deadlines are set out in article 23 of law 27.743. In other words, it is assumed that There should be a new law to modify that point, something that is clearly unfeasible given the political situation.
One of the relevant points of the claim It is to externalize cash, basically dollars, the deadline is September 30. And it is very likely that the Government is not interested in postponing deadlines in order to force an inflow of dollars into the Special Accounts for Asset Regularization of the banks (CERA).
In a note sent to the Undersecretary of Public Revenue, Claudia Balestrini, the Argentine Federation of Professional Councils of Economic Sciences (FACPCE)The official is warned that “it will not escape her high opinion that time was short, not only for professionals who advise on tax matters, but also for the different state agencies that must dictate the regulations that support said regime.”
“Even today, regulations continue to be issued that substantially modify it, which significantly impacts professional advice and decision-making by taxpayers,” the text says.
At the Professional Council of Economic Sciences of the City of Buenos Aires (CPCECBA) They were more direct. They sent him a note to the Minister of Economy, Luis Caputo, with a note to Balestrini, asking him to consider sending a bill to change the dates.
“It is known that the adherence deadlines set in the legal norm were determined by the legislator with the intention of being implemented from the first half of the year; however, the delay in the parliamentary procedure considerably limited the time to carry out a detailed analysis of the provisions and successive regulations of rigor,” says the note justifying the claim.
The path of the decree
But, According to what the CEO of SDC Tax Advisors, Sebastián Domínguez, told Ámbito, the government, in his opinion, is in a position to change the deadlines by a simple decree.
“There is confusion about what the Executive Branch can and cannot do by decree. In the case of money laundering, yes. can be postponed because the law contemplates the possibility of postponing until July 31, 2025 and also intermediate dates. Furthermore, it is regulated that the 90-day period between each stage must be respected. And a DNU is not necessary, it can be a simple decree because it is a delegated power,” explained the professional.
Source: Ambito
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