He The national government once again added a precedent in its favor before the Federal Justice to question the legality of the Safety and Hygiene fees that some perceive municipalities and communes in the country, which take as a calculation basis the same billing that is taxed with Gross Income.
This time, the Federal Chamber of Resistance of Chaco revoked the ruling by the Federal Court of the City of Reconquista, in Santa Fe, declaring federal jurisdiction to deal with the matter.
The measure of the Chamber grants a precautionary request exercised by Banco Nación to suspend the fees charged to the entity by the municipalities of Avellaneda and San Javier, in Santa Fe, reported Banco Nación.
Faced with this situation, bank argued in its favor indicating that “the ordinance that maintains these rates is unconstitutional” and that “they impose a disproportionate municipal tax on a tax base that exceeds the activity that the entity has in those localities and that the final effect is an increase in the costs of credits.”
In this way, The Justice decreed the precautionary measure and ordered both municipalities to refrain from claiming, intimating, adopting and/or continuing any judicial action. or extrajudicial aimed at forcing its party to pay the sums claimed for said liens.
“We celebrate the understanding of Justice to open an instance of rationality and resolve the obstacle that these municipal rates represent to achieving the development of credit in the country, especially mortgage credit,” highlighted the president of Banco Nación, Daniel Tillard.
Background: in Córdoba, last week
Last week, Federal Court 3 of the City of Córdoba, headed by Miguel Vaca Narvaja, granted a similar precautionary measure requested by Banco Nación to suspend the fees charged by the Municipality of Cruz del Eje.
The arguments of the Bank are identical. They are based on the fact that the ordinance that maintains these rates is unconstitutional, that they impose “a disproportionate municipal tax on a tax base that exceeds the activity that the entity has in that location and that the final effect is an increase in the costs of credits.”
“The town of Cruz del Eje is part of the ranking – carried out by Banco Nación – that groups the 50 most burdensome municipalities in the country in order of the service rates they charge. In this group, municipal taxes equal the payroll that the Bank has in each location and put its physical presence at risk,” said a statement from the credit institution.
Source: Ambito
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