After the defeat of the Ley Bases and the fiscal package, the PJ and the unions plan to judicialize the return of Profits

After the defeat of the Ley Bases and the fiscal package, the PJ and the unions plan to judicialize the return of Profits
After the defeat of the Ley Bases and the fiscal package, the PJ and the unions plan to judicialize the return of Profits

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The argument is already circulating among the legislative blocks of Union for the Homeland and the most representative unions of the CGT. The restoration of the fourth category of the tax on Profits “it was not voted on by both chambers of Congress,” but only by Deputies, which makes it liable to be “judicialized”. With that logic, from Monday they will be presented protections in different courts to try to stop the implementation of the tax by the Government.

This is the first reaction that, for now behind closed doors, was registered in Peronism after the legislative defeat with the Law Bases and the fiscal package, which included the return of Earnings. As far as he could know THE NATION According to union sources, the CGT is considering “three possible scenarios: two collective presentations – via the union itself or by each union – and one individual presentation, by each affected worker.” The strategy, they said, will be defined “with caution” in the coming days.

The restitution of the fourth category of the Income Tax, which had been eliminated in the middle of the 2023 electoral campaign under the management of the minister-candidate Sergio Massawill affect a million salaried workers, but in parallel it will benefit the Nation and to the provinces with a rise in collection which, according to the Congressional Budget Office (CBO), will climb to 0.43% of GDP. Paradoxically, when Javier Milei He was a deputy and voted in favor of the removal.

Javier Milei when he was a deputy, before assuming the PresidencyMatias Baglieto

As approved in the early hours of Friday in the lower house, with the positive vote of 136 deputies and the rejection of another 116 who remained in the minority, the reinstatement of the fourth category will force employees in a dependent relationship to pay income tax. singles and have gross income from $1,800,000 gross; and the employees married and with two children since $2,340,000Meanwhile, the rates for calculating payments will range from 5% to 35%.

The strategy of judicializing the increase in Profits had begun, strictly speaking, before the vote in the Chamber of Deputies. The UP block, commanded by the man from Santa Fe German Martinezwarned in the commissions that a sector of the constitutional library affirms that one chamber of Congress cannot endorse with a vote a project that was rejected by the other. This is how the idea of ​​the protections began to take shape, which will take shape next week.

“The Government and its allies made an absolutely forced interpretation of Article 81 of the National Constitution,” said Martínez in the run-up to the debate, as a warning of what would come next. Along the same lines, the Renewal Front -the massismo within UP- started this Friday a “digital campaign” against the increase in Profits, which in the opinion of that force constitutes “an electoral scam against all Argentines who voted to pay less taxes”.

“With a deterioration of around 15% for the salary recorded in six months, with an accumulated inflation of 115% so far in his mandate, (President Javier) Milei deals a new blow to the purchasing power of those who work with this important tax increase,” the FR noted in a statement after the sanction of the fiscal package. The deputy had expressed himself along the same lines in the Lower House. Diego Giulianowho presides over the massista party.

“With this measure Milei has decided for whom to govern, because it did lower the rate of Personal Assets for the country’s billionaires, but for those workers who could put together a small margin to save for a car or a new appliance – and thereby reactivate the Argentine economy has decided to punish them, taking away from them that difference that they could make with their salary to go to the state coffers“, declared the Renovador Front.

The UP and CGT sectors that will initiate the protections against the reimposition of the fourth category found a legal basis in the position of the constitutionalist Andres Gil Dominguez, who discredited the validity of the Deputies’ insistence on a chapter of the fiscal package that excluded the Senate. It will be necessary to see if the demands will be met by the Labor justiceclose to the guilds, or the most distant jurisdiction Administrative Litigation.

The UP representative Vanessa Sileywho anticipated on the premises the judicialization against the fourth category of Profits, appealed with political irony to the word of Rodrigo de Loredothe head of the UCR bloc in the Lower House, to argue the reasons why there will be a wave of protections starting next week. “This may cause problems of judicialization, because Argentina has a diffuse system of control of constitutionality”the radical admitted.

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