Law firms and accountants began sending letters to their clients this week informing them that they will not meet the January 29 deadline, which forces them to inform their clients’ tax planning. Source: LA NACION – Credit: Archivo / Ricardo Pristupluk
A tax rebellion broke out. The day after tomorrow, an end to a commitment that has sparked controversy between accountants and lawyers: It’s a tax planning information system, which asks companies and individuals to reveal the strategies they employ to pay less taxes.
It happens that accountants, lawyers and tax consultants They are bound by this decision of the AFIP. That way, they must inform their clients’ tax planning or use professional secrecy not to do so, something that, according to the specialists, would make it clear that their clients have something to hide.
The Law firms and accountants They started sending messages to their clients this week informing them that they will not meet the January 29 deadline. From that way, A rebellion broke out Coordination through calls between colleagues and meetings more or less between major studies in the country. At the extreme Out of order, The decision for this method was confirmed by several (at least a dozen) large companies in the country.
There is no difference in size, it is a “honor agreement” that has been sealed these days and brought up to the hesitants as they saw that there are still no more details regarding the scope of the information system.
There is no distinction in size, it is a file “Gentlemen’s agreement” Which has been sealed these days and which has been raised to the hesitants as they saw that there is still no further details regarding the scope of the information system. Ago Mini site Within the AFIP website, some points of this obligation have yet to be identified, as in the case of what is considered national tax planning.
On the other hand, Judgment against AFIP Yesterday in the province of Tierra del Fuego helped determine the fate of the undecided. As in Santa Cruz County last week, the Department of Justice granted a precautionary measure to the Regional Professional Council for Economic Sciences that prevents those represented by that institution from having to provide information on their financial planning. Similar requests exist in a number of courts around the country.
The intention of lawyers and accountants is to wait The judicial fair ends in January And that when there is more activity in the courts, more rulings will come against the AFIP action.
The intention of the attorneys and accountants is to wait for the judicial fair to end in January, and hopefully when there is more activity in the courts, more rulings will come against the AFIP action. Source: LA NACION – Credit: María Amasanti
In dialogue with Nation, Official sources confirmed that this measure affects only Santa Cruz, Terra del Fuego and that It is “temporary” until the claim submitted at the administrative headquarters is resolved, This goes to the bottom question more. They added that a group of professionals are promoting “ambiguity,” while in the rest of the world there is transparency in these matters.
At the time of implementation of the system, the AFIP made this clear The United States, Ireland, the United Kingdom, Canada, Portugal, South Africa, Mexico, and Chile Are some countries that require taxpayers to report agreements, plans, plans and procedures used to obtain tax benefits or benefits in relation to any tax system and / or information.
At the same time, The AFIP sees its research as related to combating tax base erosion, a trend globally. The Organization for Economic Cooperation and Development (OECD) is a multilateral organization that frequently deals with this issue and warns of the risks this type of strategy entails to tax revenue, fiscal sovereignty, and tax equity.
Cause of tax rebellion
The The main criticism of this request for information from the information gathering authority It has to do with the fact that he asks tax advisors to break tax secrecy, but it also has to do with the fact that it has not been exposed by law and that he is investigating “more” in legal strategies.
The main criticism of the request for information from the collection authority relates to the fact that it is asking tax advisors to break tax secrecy Source: LA NACION
The The decision of accountants and lawyers The most important parts of the country will have consequences. General Resolution 4838/2020, which established this regulation, clarifies that compliance with this obligation “will be a condition for the processing of requests from obligated persons” regarding “incorporation and / or permanence in the various records executed” by the AFIP and “obtaining tax credit certificates. And / or proof of tax or social security status, “among other requests.
On the other hand, if they fail to comply with the system, the compliant persons can fall into an increased class of audit risk according to the provisions of the Risk Perception System (Siper). With regard to penalties, he explained that those stipulated in Law 11683 will be applied, that is, Fines up to $ 45,000, Without prejudice to the promotion of the relevant procedures before the competent administrative or judicial authorities, if any.
What is a tax planning information system (IPF)
he is Tax Planning Information System (IPF) It aims to “obtain early information on the” tax planning “implemented by taxpayers in order to improve the audit capacity of the AFIP to combat tax evasion and tax evasion, identify areas of tax risk in real time, and encourage voluntary compliance.” The decision establishes penalties for those who do not comply and do not provide the required information.
According to the AFIP, Tax planning (national and international) It includes all agreements, plans, plans and procedures that “allow the taxpayer to obtain tax benefits or advantages in connection with any tax system and / or information”.
General Resolution 4838 considers that there is international tax planning when any of the following situations are verified:
- Uses Societies To take advantage of the agreements to avoid double taxation, strategies are adopted to avoid the formation of a permanent establishment status, and as a result of the occurrence of non-tax international double taxation, one or more taxable bases are allowed in foreign treasury bonds or are intended to avoid providing any information system.
- Involved Uncooperative jurisdictions, or with little or no tax.
- Benefit from Asymmetric Existing in the tax laws of two or more jurisdictions in relation to the treatment and / or qualification of a financial entity, contract, or instrument, which has the effect of a tax advantage or any other type of benefit.
- The Human person The undivided succession, partnership, trust, corporation, or any other foreign entity or legal instrument with double tax residency.
- Any subject for him rights Inherent in the nature of the beneficiary, settler, trustee, or trustee (or similar) of trust funds (trust funds or the like) of any kind established abroad, or in institutions of special interest abroad or in any other type of inheritance from Same influence as existing, settled, domicile and / or established overseas.
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