On March 31 2017, the deadline to apply for the tax amnesty in Argentina (http://canosa.com/argentina-passes-omnibus-act/) expires, as does the deadline for confirming data through the affidavit referred to in Section 85 of the Law of Tax Amnesty 27,260 (the “Voluntary Disclosure Program”) for those who have not applied to the Voluntary Disclosure Program.
Tax cap
It should be remembered that the Voluntary Disclosure Program establishes in Section 85 that those who complete the affidavit of data confirmation indicating that all the assets they possess are those expressed in the affidavits of income tax, personal property tax and/or – if applicable- the minimum presumed income tax for the fiscal year ending on 31 December 2015, shall enjoy all the benefits of the Voluntary Disclosure Program (referred to in Section 46 of the Voluntary Disclosure Program, that is, they may not be sued judicially or administratively, processed, etc.) for any property or tenure that they had not previously declared, i.e., the Federal Public Revenue Administration can only inspect the fiscal year ending in December 2015. Furthermore, they will also enjoy the benefits of compliant taxpayers, that is, they will not pay personal property taxes for 2016, 2017 and 2018.
Certificate of compliant taxpayer
As for the certificate of good taxpayer, referred to in Title III of the Voluntary Disclosure Program, it establishes that compliant taxpayers (“compliant taxpayers”) are those who:
- Have fulfilled their tax obligations for the fiscal periods of 2014 and 2015, and
- Have not applied to the Voluntary Disclosure Program, and
- Have not applied to the previous amnesty established in 2013 by Law 26,860 in 2014 and 2015 (http://canosa.com/es/sancion-de-la-ley-de-exteriorizacion-voluntaria-de-patrimonio-creacion-de-de-nuevos-instrumentos-financieros-el-plazo-para-adherir-vence-el-3-de-septiembre-de-2013/), and
- Have not adhered to a payment plan of the Federal Administration of Public Revenue in 2014 and 2015, and
- Do not have debts in a position to be executed by the Federal Public Revenue Administration, or have been executed fiscally, or fined for tax fraud in 2014 and 2015.
These “compliant taxpayers” may request exemption from personal property tax for the fiscal periods 2016 (0.75%), 2017 (0.50%) and 2018 (0.25%). Those “substitutes responsible parties” may request the same benefit. The advances of the personal property tax paid by the “compliant taxpayer” shall be returned by the Federal Public Revenue Administration or compensated.
The deadlines for requesting both the tax cap and the certificate of taxpayer compliance expire on 31 March 2017.
