Profits: not updating the amounts not subject to withholding breaks the harmony of the tax

Beyond the fact that the tax administration must review all withholding, perceptual and payment regimes on account of the various taxes that affect the daily work of taxpayers, this year will mark the sixth anniversary of the lack of updating of the amounts not subject to withholding with respect to the taxable items that make up the Income Tax withholding regime established by General Resolution 830.

Partial update and discrimination

The last indexation of such values ​​dates back to 2019, more precisely from July of that year effective as of 8/1/19. During this period, only a partial adjustment was achieved, recognizing the economic reality for professionals, through the issuance of RG 5,423 (BO 9/27/23) which increased the amount not subject to withholding (taking it to $160,000) and created a new progressive scale for liberal professions and trades. As can be seen, a recognition that has also become outdated.

But simultaneously with having recognized, with good judgment, such an imbalance, it was discriminated against with respect to the rest of the concepts reached by the regime and therefore, with respect to the subjects subject to withholding, who even today continue to suffer an increasingly greater levy. due to having an amount not subject to obligation that is absolutely depressed in the face of inflationary reality. In short, an increase in the tax burden.

It should be remembered that General Resolution 830 constitutes the general Income Tax withholding regime, providing, in addition to the applicable rates, depending on whether registered or non-registered, net amounts not subject to withholding; That is, the withholding agent must practice it as long as the amount to be paid exceeds these minimums.

The inflation running from 2019 to the new year 2025 is eloquent enough to warn that there will be no correspondence between the mutation suffered by the taxpayer and the final tax to be paid, with the financial damage that this entails.

Faced with changes in tax

With an aggravating factor that will deepen said damage: the reform established by Law 27,743 on Fiscal Measures provides for a semiannual update, starting in fiscal year 2025, of personal deductions, in the months of January and July and, even, exceptionally for the fiscal period 2024, it provided for an adjustment in the month of September of 2024 by the CPI coefficient corresponding to the months of June to August 2024.

Consequently, the fact that the values ​​not subject to withholding remain unadjusted in light of the new measures applicable to the tax, not only breaks the correspondence between the amount withheld and the final tax to be paid but also deteriorates the harmony of the tax settlement. As the year has just begun, it seems to be a good opportunity to adjust the figures in question.

Bringing the amounts not subject to withholding to current values, as well as the progressive table, results in an orderly and reasonable measure, aiming at a symmetrical and equitable application of the tax.

In this case the solution is in the hands of ARCAit is about updating values ​​to make them compatible with economic reality and at the same time, alleviating the tax impact on the amounts receivable.

If there is a positive decision by the national tax administration, The implementation of a systematic and periodic updating mechanism should be considered, along with the dictation of the new values. that does not distort its application, both for withholding agents and for taxable subjects.

It would be optimal if this mechanism were also contemplated for the rest of the withholding, collection or payment regimes for the various taxes that lack it.