Laundering: AFIP enabled the presentation of sworn statements for those who have entered the first stage

Laundering: AFIP enabled the presentation of sworn statements for those who have entered the first stage

The Federal Administration of Public Revenue (AFIP) enabled the deadline for people who have entered into money laundering to present their sworn statements. This also includes the people who decided add assets declared in the Special Regime for the Entry of Personal Assets (REIBP) which allows advance payment of the tax for five fiscal periods.

The point to keep in mind is that, To enter the REIBP, taxpayers had to advance 75% of the tax arising from the value of the declared assets. But, according to tax experts, the exchange differences between the moment of entering the money laundering and the moment of submitting the sworn statements will make them pay a little more.

In principle, people and companies that have formalized their membership and made advance payment They must submit the sworn declaration form F3321 through the “Asset Regularization Regime Portal Law No. 27,743” service.. This presentation must be made using the option “Affidavit – Asset Regularization Regime”.

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The regulations establish deadlines for submitting the form and paying the balance of the excise tax, depending on the stage of the process. For Stage 1, the deadline expires on November 30, 2024, for Stage 2, February 28, 2025, and for Stage 3, May 30, 2025. These dates comply with the provisions of the article 23 of Law 27,743 (which implemented money laundering) and Decree 864/2024, which established an extension of the three stages of bleaching for one month.

As he warns the professor at the University of Buenos Aire (UBA), Mario Volman, the mechanism generates a difference in exchange rates against the taxpayer, Because, to calculate the tax in pesos, you have to use the value of the official dollar of the day before the entry, and that of the day before the presentation of the sworn declaration.

How to calculate the advance payment

The example would be the following: under the assumption contributions of $983 and $1,004 for both moments, and if US$95,000 were deposited in the Special Asset Regularization Account (CERA) in a bank or Alyc.

The calculation that must be made is US$95,000 for four years, times 0.5% times $983 times 75% of advance payment that gives $1,400,775. “When you determine the tax contribution of $1,004, it turns out that you did not pay 75% in advance,” the tax expert warned. At the time of submitting the sworn statement, the calculation is US$95,000 times 1,004 times 4 years times 0.5% times 75% is equal to $1,430,700. “In the statement he realizes that he had to pay an advance payment of $1,430,700. But I pay $1,400,775,” Volman said. In principle, you would have to pay the difference, but that, however, does not cause the REIBP to drop for the declared goods.

Another important detail that Volman points out has to do with the treatment that is legally given to CERA accounts. If a person launders cash, they leave it in a special account until December 2025and did not include it in the REIBP, you will not have to pay the Personal Property Tax for the period of 2024.

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This is because the National Tax Directorate considers CERA accounts such as savings accounts, which are exempt from payment of Personal Assets.

“As indicated in point 7 of Communication “A” 8062 of the Central Bank of the Argentine Republic, in the case of special asset regularization accounts, the provisions established for deposits in savings banks will apply. Accordingly, the funds deposited in said accounts will enjoy the exemption provided for in section h) of article 21 of Title VI of Law No. 23,966 on Personal Property Tax,” says a resolution dated September 17.

That implies that As long as the person does not enter the REIBP for the laundered money, keep it in the CERA account or buy public bonds, they will not pay the Personal Property Tax for the period 2024.

Source: Ambito

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