The broad moratorium of the national government is advancing
With the support of the block led by the Mendoza deputy José Luis Ramón, the ruling party obtained favorable opinion to treat this week in the Chamber of Deputies the draft Moratorium Law
Between the most important points that were modified from the original project is the modification of article 8 where it is established that the taxpayers and those responsible for the taxes and social security resources whose application, collection and supervision are in charge of the AFIP « may be accepted, for the obligations due as of June 30, 2020 inclusive or infractions related to said obligations, to the system of regularization of tax debts and of social security resources and of forgiveness of interests, fines and other sanctions that are established in this Chapter ”.
I know exclude the debts originated in installments destined to the work risks regime, the contributions and contributions destined to the social works and to the human or legal persons “who have financial assets located abroad, unless the repatriation of at least is verified thirty percent (30%) of the produced of its realization, within sixty (60) days from the adhesion to the present regime, in the terms and conditions determined by the regulation ”.
It also states that payment plans will expire when from the entry into force of this standard and by the 24 months following, access to the Single Market and Free of Changes (MULC) to make net benefit payments to companies, companies or any other foreign beneficiary that have the condition of related parties when they are for benefits derived from technical assistance, engineering or consulting services, transfer of rights or licenses for the exploitation of invention patents or for interests or remuneration paid for credits, loans or placements of funds of any origin or nature
But also look restrict cash settlement for those who access the moratorium since The plan will expire when sales of securities have been made with settlement in foreign currency or transfers thereof to depository entities abroad, from the entry into force of this standard for the following 24 months, as well as for the transfer abroad or purchase abroad of financial assets by human or legal persons or shareholders thereof, from the entry into force of this standard and for a period of 24 months.
Another point that had the support of all sectors of the deputies who participated in the Finance and Budget Commission led by Carlos Heller was the elimination of article 14 that gave the Chief of Cabinet discretion. Now it has been established that if the Executive seeks to extend or modify any term, it must request it from the National Congress.
Carlos Heller, together with President Alberto Fernández, Minister Guzmán and Deputy Kirchner
Also, in the norm that contains 17 articles, the installment interest rate. In the project that will be discussed next Friday in the Chamber of Deputies, it is established that the interest rate sIt will be fixed at 2% per month, during the first six installments, resulting after application of the BADLAR Rate in national currency of private banks, applying to both the French amortization system.
Also, if approved, it was established that the cancellation by cash payment, until the date of acceptance of this regime, will have a 15% reduction of the consolidated debt
Regarding quotas, it was written in the bill that there will be 60 installments for personal contributions to the Single Social Security System and for withholdings or tax payments and from social security resources to MyPyMES, non-profit entities and community organizations registered as foundations, civil associations, simple associations and entities with municipal recognition and individuals and undivided successions that are considered small taxpayers under the terms determined by the Afip and 48 installments for the rest and the other taxpayers.
It also sets in 120 installments for the remaining obligations corresponding to taxpayers and in the case of human persons and undivided successions that are considered small taxpayers in the terms defined by the Afip in 96 installments for the rest and taxpayers.
The deputy of JxC Luciano Laspina objected to article 11 of the rule
The point in discussion with the opposition is raised in the article 11 of the norm that the Executive and the oficialismo do not want to modify. This article allows bankrupt companies without work continuity to have the possibility that the subjects in such condition accede to the regularization regime for the purposes of the conclusion of the legal process, to the extent that they achieve its effective conclusion by settlement within 90 days of adherence to the moratorium.
For the opposition, this is an article tailored to Cristóbal López and Oil Combustibles since it opens a door so that the company with bankruptcy without continuity, something that until now had always been excluded from moratoriums, can enter a moratorium for 12 years when its main creditor is the national State.
So much so that the deputy Luciano Laspina, who was quite in agreement with the rest of the project, stated that « there is nothing that is not within reason except article 11 who never wore such an affront. We are saying that you can commit fraud, fraudulently fail and within a time comes a moratorium that raises the dead that you left to all Argentines. We ask to review this article because it is unjustifiable ”.
Awards to those who pay
A novelty that the moratorium brings is that for compliant taxpayers, « will enjoy benefits », according to the tax status.
For those who are attached to the RSimplified Small Taxpayer Scheme, will have the benefit of exemption from the tax component according to the amount of fees for Categories A and B: 6 monthly and consecutive fees, for C and D: 5 monthly fees and for E and F: 4 fees, G and H : 3 installments for Categories I, J and K: 2 consecutive monthly installments.
The norm establishes that in « no case » the benefit limit may exceed a total amount equivalent to 17,500 pesos.
In the case of those who are up to date with Income Taxs, the benefit will consist of a special deduction which will be for human persons and undivided successions with the benefit of deducting from their net earnings an additional amount equivalent to 50% of that provided for in article 30, paragraph a) of the Income Tax law, text ordered in 2019.
There will be benefits for taxpayers who have complied and are up to date with the AFIP
The benefit established in this subsection will not be applicable to the subjects included in subsections a), b) and c) of article 82 of the Income Tax Law.
For Micro and Small companies, in this case they may choose to practice the respective amortizations from the fiscal period of authorization of the property, in accordance with the rules of Income Tax
In the case of investments in infrastructure works, it will have at least the amount of annual, equal and consecutive installments arising from considering its useful life reduced to 50% of the estimated one. This amortization benefit will be applicable only to investments made until December 31, 2021 and, once the option is made for one of the amortization procedures indicated, it must be communicated to the application authority.
Both benefits will be applied in the affidavits corresponding to the years ended after December 30, 2020. For the In no case, the anticipated deduction will give rise to the generation of balances in favor nor can it be transferred to future exercises. The tax benefits are not cumulative, so you will have to choose.
It will be understood that a taxpayer has the condition of compliant when at the time of entry into force of this standard does not register non-compliance in the presentation of sworn statements, nor, if applicable, in the payment of tax obligations from the periods Prosecutors started on or after January 1, 2017.
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