In rejection of the Government’s resolution, Justice endorsed a municipality to charge fees on service bills

In rejection of the Government’s resolution, Justice endorsed a municipality to charge fees on service bills

September 27, 2024 – 19:14

A Campana judge ruled in favor of the Buenos Aires municipality of Pilar. He will be able to collect in this way “until the underlying issue is resolved.”

The federal judge of BellAdrián González Charvay, suspended this Friday for six months the prohibition on charging municipal taxes within public service bills made by the Governmentafter a presentation by the municipality of Pillar. The resolution It only applies to that district.

Judge González Charvay had granted a precautionary measure on September 18 and immediately suspended the Government’s measure. ANDThis Friday he granted the precautionary measure and established that Pilar may continue to include the collection of fees in public service bills for six months until the underlying issue is resolved.

ANDThe Ministry of Economy defended its decision with a report presented to the judge. There he clarified that what cannot be done is “joint or merged billing in the same document regarding charges or rates that are unrelated to the nature and provision of the service.”

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The court ruling benefits only the Municipality of Pilar.

The court ruling benefits only the Municipality of Pilar.

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According to Economy, Charging everything together could lead to “suspension or interruption” of the service (electricity or gas), “in the face of difficulty or the impossibility of making the payment” in a timely manner. However, the Government rule does not prohibit municipalities from collecting fees, but they must do so separately.

For the judge, this Government decision will affect municipal autonomy which “would be violated, prima facie” because “the mechanism used for several years” for the collection of own resources prohibits it.

The government’s ban

The Minister of Economy, Luis Caputoannounced on September 10 that the Municipalities will be prohibited from including taxes in the billing of essential services such as electricity and gas.

Given repeated public complaints about municipalities that include local taxes in the billing of essential services such as electricity and gas, “The Secretariat of Industry and Commerce of the Ministry of Economy ordered, through Resolution 2024-267, which will appear tomorrow in the Official Gazette,” Minister Caputo published on his X account.

As explained, bills for essential services They must only contain in a sole and exclusive manner the description and price corresponding to the service contracted by the consumer.“it is prohibited to include charges unrelated to the nature of the service.”

Source: Ambito

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