in Argentina, Don’t pay on time taxes And other tax obligations are usually more profitable than complying with it and arranging everything. The authorities know this, and the subjects are obligated to pay taxes to the nation, and the provinces and municipalities know this.
For this reason, in the government, despite the fact that they are about to execute A.I New money laundering for those who left their money unauthorized in the United States (before the effective date Sharing information under the Foreign Account Tax Compliance Act), and discuss long-term measures to end perverse incentives Tax evasion.
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the National Tax Court (TFN) Provisions for large corporations must be set in Argentina for about $102,600 million (Nominal amount), started 5 or 6 years ago.
At that time, at the official dollar rate, The lawsuits have been worth about $5 billion, but they currently amount to no more than $600 million. The depreciation of the national currency in the past five years makes poetry stand endlessly in public administration.
During a conference organized in early December by CABA Economic Science Alumni Council (CPCECABA)the Miguel Licht, President of TFNand the Undersecretary of the Ministry of Public Revenue, Claudia Ballestrinithey retracted that they are working on a A project to reform the National Financial Court and increase the number of professionals; Today its staff is about 200 people.
Another idea in Kirchnerism’s dance is to create a fund funded by companies attending TFN, so that the national state can continue its work and speed up the processing of cases.
Taxes in justice
Most companies that go to tax court do so to claim Expenses that are not deductible in income tax, inflation adjustment, bankruptcy updates, and transfer ratesbut there are also problems Internal taxes, value-added tax and solidarity contribution to large fortunes.
Fernanda Lain, Co-Founder of Lain Studio and Fernndez Sabella & Smudthighlighted that the final ruling of a tax trial that escalates to the nation’s supreme court of justice can take between 10 and 15 years, only in the case of very large sums.
If a company bringing its case to TFN loses trial, “the value in dispute is paid plus interest and penalties. Compensation interest rates are high (since September of this year, they have been 5.91% per month and 7.37% punitive). If measured in dollars, with Unfortunately, the debt remains the same value, otherwise there will always be profit, even if the rates are painful in pesos,” Lain quips.
The tax officer also points out that Federal Administration of Public Revenue (AFIP) It makes a difference with active and passive rates – like any bank -, because if a “natural” person (humans) or legal person (companies) requests a return of tax paid by mistake or because they want to inquire administratively without interest, the return accumulates at 3.84% per month.
“The noteworthy thing about TFN is that it operates a very significant trial pool, around $100,000 million and has only 200 highly specialized people, with some judges who are outstanding in the number of judgments. But it is essential to provide the court with professionals and create a personality for a technical advisor for super-specialties like transfer pricing.” Lain asks.
for Diego Fraga, Professor of Tax Law at Austral UniversityThe delay in covering the nation’s tax court votes is troubling.
Regarding debt liquefaction, he points out that “although the state does what it does to prevent Very outdated is the debt to increase the interest rate However, late payment of taxes, the biggest problem lies with the taxpayer when he demands a refund of taxes paid incorrectly, because the rate set by the state is grossly lower.