The Legislature of the Autonomous City of Buenos Aires enacted on 5th of September of 2019, Law No. 6195/2019 that provides for a large tax amnesty. The law entered into force on September 19 2019.
Area of application
This amnesty applies to taxes applicable in the City of Buenos Aires. Tax obligations and/or the infractions committed or due as from July 31 2019 may be regularized.
Deadlines and forms
The deadline to apply to the amnesty expires on December 31 of 2019.
Exclusions
The following cannot apply to the amnesty:
A. those declared bankrupt.
B. Those convicted for crimes provided for in the Tax Criminal Regime, for which a final judgment has been issued.
C. Those convicted of common crimes against the Central Administration and/or decentralized organizations and/or autonomous entities of the Government of the City of Buenos Aires.
D. The expiration of the regime established by this Law.
E. The amnesty plans in force as of 31 of July of 2019 by Law 5616.
Suspension of criminal actions
Application to this tax amnesty produces the suspension of the criminal proceedings in progress and the suspension of the deadlines for criminal elapsing of the statue of limitation periods. The total cancellation of the debt will result in the termination of the relevant criminal action.
The lack of payment of the payment facilities provided in this amnesty will resume the criminal action of the Tax Administration of the City of Buenos Aires and the resumption of the calculation of deadlines for criminal prescription.
Benefit – Interest Waiver
The greatest tax benefit established by this law is the total remission of the compensatory and punitive interests of the regularized tax obligations, with the exception of the collection agents for the taxes withheld and/or received and not deposited.
Payment methods
Taxpayers not included in the Continuous Verification System for Large Taxpayers may pay the debt in cash or in up to 120 monthly installments (with a monthly financing interest of up to 1.5% per month – bear in mind that Argentina will have a 50%+ inflation rate this year 2019).
Taxpayers included in the Continuous Verification System for Large Taxpayers may pay the debt in cash or in up to 60 monthly installments (with a monthly financing interest of up to 1.25%), or by paying an advance of 10% of the tax to be regularized and the remaining balance in up to 90 monthly installments (with a monthly financing interest of 1.5%).
The collection agents for the withholdings and/or perceptions made and not entered until the 31 of July of 2019 may pay the debt in up to 36 monthly installments (with a monthly financing interest of up to 3%).
In the case of reformulation of existing payment facilities plans, the debt may be paid by paying an advance of 10% of the tax to be regularized and the remaining balance in up to 90 monthly installments (with a monthly financing interest of 1.5%).
