After the Minister of Economy, Luis Caputo, anticipates that in the coming weeks you will announce measures to promote the use of saved dollars, different Tax consulted by The nation They analyzed the possibilities that the government would have, especially based on current laws.
According to Sebastián Domínguez, CEO of SDC Tax Advisors, One option is that the government flexible by decree the destinations of the dollars in white cash in stage 1 of the laundering to allow, For example, the Purchase of used or new properties that do not meet real estate project requirements and of other goods that are not affected by a productive activity and buy for personal use, as cars, capital goods in general, etc.
“In this way, those dollars could be used before December 31 without having to pay 5% of special tax, with the condition that the goods acquired until that date are maintained,” he explained. “
César Litvin, CEO of Lisicki, Litvin & Abelovich, said similarly. “I am not sure what they are thinking about, but One option is that they release the dollars from stage 1 from the laundering or that eliminate lower level standards from the ark, the BCRA and the FEIF To relax the requirements for justification of money every time a person buys an important good, ”he said.
According to Litvin, if we seek to promote the use of unstalled dollars – which according to INDEC calculations amounted to US $ 271,247 million at the end of 2024 – the Tax Procedure Law (11,683) should be modified, for which it would have to go through Congress. “According to that law, any unjustified patrimonial increase is assumed that it is taxed rent. So, if someone has dollars not declared and uses them, the Ark is empowered to determine taxes. If not, they could also promote an express tax reform, although they should also have the endorsement of the legislative power,” he said.
Tax lawyer Diego Fraga also pointed to current regulations and said that if the government seeks to use hidden dollars needs a new amnesty law, that is, a new money laundering.
Beyond this, Domínguez said that the Executive Power could use the power granted by the Article 113 of Law 11,683 and benefit those who have dollars not declared “in the mattress.”
“According to the first paragraph of the article, The Executive Power could establish a spontaneous presentation regime at the country and generally to denounce the possession or possession of US dollars, and regularize tax obligations by totally exempting interest and fines, fines, But without affecting capital. This spontaneous presentation regime would apply to taxpayers to the extent that there is no inspection initiated, observation by the ark or complaint presented, which is directly or indirectly linked to it, ”he said.
Meanwhile, according to the second paragraph of article 113, The Executive Branch could grant bonuses for those who enter unre defeated taxes. “By decree, it could promote the payment of taxes in advance in dollars benefiting taxpayers to do so with that currency. Recall that today it is not possible to pay taxes in dollars, with the exception of the special laundering tax. Consequently, previously the rules to allow the payment of taxes with dollars should be issued, ”Domínguez continued.
Also for the second paragraph of the mentioned article The government could make arrangements in order to ensure the cancellation of pending tax debts. That is, he could dispose of more flexible special payment plans for those who regularize their debts paying them with dollars.
Finally, he said thatThe Executive Bran: “This would foster transactions in dollars by not having to pay 1.2% between debit and credits for operations in general.”
Regarding the use of the powers provided for in article 113 of Law 11,683, he clarified that, as a decree of necessity and urgency is not used, the obligation of the Executive Power does not apply to submit it to consideration of the Congress within 10 days of its dictation. What you should do in this case is to give an annual account to the Congress of the use of these powers.
“It is likely that these measures may not be peacefully accepted by the provinces and the city of Buenos Aires, to the extent that they affect the co -participible mass, and that they end up making judicial presentations directly before the Supreme Court of Justice of the Nation, for its original jurisdiction,” he concluded.
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