11/04/2020 4:36 PM
Clarín.com
Politics
Updated 11/04/2020 4:36 PM
The Federal Administrative Litigation Chamber confirmed the precautionary measure that prohibited the Federal Administration of Public Revenues (AFIP) from deducting sums for Income Tax on the pension assets of a retired couple.
Judicial sources informed
Télam
that the decision was made by Chamber I of the Chamber when ratifying the provisional measure issued in the first instance in the declaratory demand for certainty promoted by MP and MAS, who also claimed that, when the final judgment is issued, they will be refund the amounts withheld.
The retirees cited the precedent "García, María Isabel" of the Supreme Court of Justice and
raised the unconstitutionality
of Law 20,684 to declare that the retirement benefits they receive are not covered by that rule.
The AFIP had opposed the injunction arguing that the public interest had not been taken into account, and that, unlike the case cited as jurisprudence of the Court, the status of "vulnerability" of the retirees was not demonstrated or that the discounts -whose amount did not transcend- will be confiscatory.
On the other hand, Chamber I of the Chamber evaluated the grounds of the lawsuit on the need to take an urgent measure, since
"the advanced age (of the plaintiffs) must be considered as credited the danger in the delay."
The chambermaids Clara Do Pico, Liliana Heiland and Rodolfo Facio recalled the "alimentary" character.
What do pension assets have and what is the? situation of vulnerability?
it is evidenced "inasmuch as it is about retired older adults who suffer from health conditions."
Source: Télam
AFG