The extended Moratorium created an information regime for those who were forced to repatriate funds abroad and for all companies
The law that instituted the last extended Moratorium created an information regime for companies and for those forced to repatriate, even if they were human persons. The presentation of that information expires next Friday the 15th, and if it is not fulfilled, the tax forgiveness may fall.
That date was confirmed by AFIP through a response given to a question made through the “ABC Consultas” service, said Gustavo Policella, from the study of the same name.
The companies must inform, as an affidavit, the partners, shareholders and / or similar, holders of at least 30% of the share capital and / or similar.
And those who repatriated must also report the total amount of financial assets located abroad as of August 26, 2020.
This must be met by those met by the requirement of repatriation of those assets, said Policella.
Who should repatriate
Ezequiel Passarelli, from SCI Asesoría Tributaria Integral, recalled that the following taxpayers were obliged to repatriate:
-The large companies (not SMEs).
-The human persons and undivided successions that, not being SMEs, were not categorized by AFIP as “small taxpayers.”
Instead, they were not obliged to repatriate those that follow, Passarelli expressed:
-Civil entities non-profit.
-The human persons and undivided successions that, not being SMEs, are categorized by AFIP as “small contributors“.
According to Passarelli, the AFIP determined that “small taxpayers” will be considered those who:
1. Are Registered in Profits, Personal Assets and / or Monotax.
2. Do not register income higher than category K of the Monotax in 2019 ($ 1,726,599.88), for which purposes the following will be taken:
-If you submitted an affidavit of Tax at Profits in 2019: all income (taxed and / or exempt).
–Monotributistas Exclusive: the maximum limit of the category for 2019 to which the monotax member belongs, as of August 26, 2020.
–Employees Exclusive: Total Gross Salary for 2019.
–Retired exclusives: 2019 gross total retirement.
3. If you have submitted Personal property in 2019: total assets (exempt and taxed) less than $ 20 million.
Subjects who meet the conditions provided will be characterized in the “Registry System” with the code “472 – Small Taxpayers – Law 27,562”, Passarelli specified.
Taxpayers who are not characterized as “Small Taxpayers” and consider that they meet the requirements, may try to prove such condition through the service “Digital Presentations“.
For this, they must select the procedure “Small Taxpayers – Characterization of Law 27,562” and must provide the relevant supporting documentation, said Passarelli.
Consequences of not reporting
In the Moratorium, social security, customs and tax debts were regularized.
The amount of dues of the Moratorium is 10 years for SMEs and 8 for large companies, except in the case of contributions to the social security of their employees and tax and social security withholdings, which have less term, 6 and 4 years respectively.
The interest rate It is 2% per month until January 2021 inclusive, and then the Badlar will be applied in pesos from private banks.
For large companies and SMEs without certificate that are companies, that is, not for monotributistas and freelancers who have entered the Moratorium under the same conditions as larger companies, there are two restrictions:
1. By the distribution of dividends or profits to its shareholders or partners, from the moment in which it adhered to the Moratorium until the end of said fiscal year and for 2 more years.
2. When purchased Dollars in the Single Free Exchange Market (MULC) to make payments abroad to subjects linked by:
-Profits derived from technical assistance, engineering or consulting services.
– Benefits derived from the transfer of rights or licenses for the exploitation of invention patents and other objects not contemplated in the previous point.
-Credits, loans or placements of funds of any origin or nature.
Policella recalled that the Moratorium provided for the cancellation of obligations through:
–Compensation with freely available balances.
-Payment to counted.
-Adhesion to plans of payment facilities.
Failure to comply with the information regime on time may cause the taxpayer to be harmed if the AFIP decides to nullify the regularization presented, concluded Policella.