Saturday, May 21

Official: quotas of the Simplified Regime of CABA are subsidized to new taxpayers

Although the measure was reflected in Resolution 80/22 of the Ministry of Treasury and Finance (MHyF) of the City of Buenos Aires, it responds to a legal mandate that arises from article 175 of the Fiscal Code that establishes that the aforementioned portfolio applies the benefit.

The first paragraph of said article establishes a bonus of up to one hundred percent (100%) of the Gross Income Tax during the first year for new taxpayers who start activities within the Simplified Regime Category, ordering the MHyF to apply it from from January 1, 2022 and for the entire fiscal year.

Thus, those subjects that initiate activities and fit into the RSIB will not pay the quotas stipulated for the current fiscal year. However, it must be taken into account that this measure must be regulated in terms of its requirements, formalities and deadlines by the Government Administration of Public Revenues, which implies that it is not yet operational.

Now, the aforementioned article 175 contains a second paragraph, which is also mandatory (not optional) that provides that “During the second year, the bonus will extend up to fifty percent (50%) of the Gross Income Tax, provided that said taxpayers remain within the Simplified Regime Category.”

In other words, the benefit is broader if the taxpayer in the following year remains within the RSIB. This possibility is not regulated by the ministerial resolution, it only implements the provisions of the first paragraph of article 175.

Since the extension of the benefit is not an optional matter, it is expected that it will be implemented by an independent regulation for the next fiscal year.

Meanwhile, and under the terms established by the AGIP, the 100% bonus will be applied as long as the conditions are met.

It should be noted that the legal norm does not restrict the benefit to a certain category of the RSIB or to the lower categories, but it is applicable provided that at the start of the activities the projections of sales or provision of services do not exceed either the physical parameters or the annual income. It should not be forgotten that in these cases, after six months, the parameters and income must be annualized based on the activities carried out and the permanence in the regime must be validated, if applicable.