José Luis Ceteri
07/10/2020 - 11:01
- Clarín.com
- Economy
- Economy
Clarín publishes every Friday a summary with the main tax issues that were known during the week, changes in the rules, new regulations and the upcoming deadlines and filings, to have all the tax doctrine in one place.
Earnings and Personal Assets
The General Resolution of the AFIP 4721 ordered to postpone the presentation of the informative sworn statements (without payment) for employees in relation to dependency and retirees, until July 31 next .
All those who have received gross annual income (without discounts) equal to or greater than $ 1,500,000 are required to present Profits and Personal Assets .
This cap value has been in force since 2018 and when it is not updated it generates that more people are obliged to make the presentation. The income that is taken into account is all received, regardless of whether they are exempt or not reached by the tax; for example, the Judiciary is obliged to comply with the presentations. The cap includes the salary received, the additional ones, the Christmas bonus, the non-remunerative items, and even the workers compensation.
The employer must have given each employee a copy of Form 1357 or submitted it through the AFIP website; information that may be consulted by the employee. This settlement serves as the basis to know if the annual income that requires the presentation was equal or exceeded.
To prepare the informative declarations, you must enter the AFIP web page, with the CUIL and the Clave, within the “Human People Earnings” portal, to complete the informative declaration of Earnings; then, within the Web Personal Assets, to detail the assets.
Within the informative declaration of Earnings, annual income, computed personal deductions (minimum non-taxable, special deduction and discounted family ties) and also the discounted general deductions admitted by the regime of the fourth category must be included.
Once the information is dumped, it would have to reach the same tax that was withheld by the employer during 2019. If it does not coincide, it may be that there is a difference in favor of the AFIP, because the employer made errors in the calculations it made, a matter that would force the employee to have to register in the Income Tax before the AFIP and enter the difference, within the period from July 24 to July 28, depending on the termination of the CUIL number. Then the registration would have to be canceled so that the AFIP does not require additional advances of the tax in the future.
To prepare the informative sworn statement, the simplified system can be used, which works online on the AFIP website. This program, which is simpler, can be used to the extent that the employee is not formally registered for another activity that he or she carries out and provided that he / she does not register debts or assets abroad . On the other hand, it can be used by those who, in addition to working in a dependency relationship, are registered as monotributistas for the development of an additional autonomous activity.
To complete the Personal Assets declaration, the valuation guidelines established by the tax law must be complied with. All the assets (cars, real estate, deposits, safe deposit box, etc.) that existed, photographically, as of December 31, 2019 are included. The house is exempt up to the valuation amount of $ 18,000,000.
If the non-taxable minimum of $ 2,000,000 is not exceeded, the declaration is presented without having to pay, until July 31 . On the other hand, if, after the calculations, a tax amount arises as a result, it would force the employee to formally register with the AFIP (online) and then present the settlement, from July 24 to 28, being able to carry out the payment until the first business day following or through a payment plan.
ATP and social charges for June
Within the option called "Work and Production Assistance Program", which works on the AFIP website, employers who review the presentation made in order to receive State aid for the payment of June salaries, They began receiving approvals on Thursday.
However, the Employment Contract Law obliges employers to pay the monthly salary until the fourth business day of the following month, an issue that the State itself, with the delay of the analysis, does not comply, falling behind in the deposit of the difference in the wages of June.
State aid does not reach the bonus , which must be paid in full by the employers. Part of the payment of the suspensions, with deduction of a percentage (25% or 30%) of the salary, is also made with the ATP program.
Regarding employer contributions , corresponding to June, the following was established:
1) Benefit of reduction of contributions destined to the SIPA System (applies on the percentage of 10.77% paid by SMEs and the 12.35% that non-SMEs have to pay): Employers who access this benefit, They will be characterized in the "Registry System", which works on the AFIP website, with the code "461 - Discount Benefit. 332/2020 Reduction of Social Security Contributions. These employers must enter the contributions and contributions through the application called "System of Calculation of Social Security Obligations - SICOSS". Likewise, they will find in the "Online Declaration" service, the new features of the application program installed, which will allow them to automatically calculate the aliquot reduction of employer contributions.
2) Benefit of postponement of employer contributions destined to SIPA: Employers who have obtained this benefit will be characterized in the "Registry System" with the code "460 - Dto. 332/2020 Postponement of payment of Social Security contributions and they will obtain the postponement of the maturity of the payment of employer contributions to the Argentine Integrated Social Security System for the period of June 2020, having to make the payment during the month of next September (days 14-15 and 16 ). It is recalled that contributions and employer contributions, from social security, can be included in the permanent payment plan "My facilities". Contributions and contributions destined for social work or ART, or those of compulsory insurance, cannot be financed.
They update the amount that requires the issuance of a credit invoice
Since July 3, the new invoicing amount has been in force, amounting to $ 146,885, which obliges Micro, Small and Medium-sized Companies to have to issue the Electronic Credit Invoice in the operations they carry out with large Business.
The credit invoice regime is mandatory for SMEs that invoice large companies and is optional when they work with another SME company. The limit amount arises considering the net invoiced plus the Value Added Tax and the other taxes that correspond to the operation.
Information on company shares
The Information Regime for Company Participations (Form 657), which companies used to file in the last week of July, now moved exceptionally to the last three business days of October 2020.
This was stated in Resolution AFIP 4697, which was published in the Official Gazette last April. Likewise, the procedure for reporting holdings, authorities and attorneys, which exist as of December 31 of each year, was modified.
The program that worked under the SIAP platform is no longer used, and it is replaced by a service that works from the same AFIP website, called "Information System on Company Participations and Passive Income", and to detail the authorities it will be used the so-called “Corporate Authorities Update”.
When corporate shares are transferred, they will have to be informed, within 10 days of the operations, through the option "Registration of Transfers of Corporate Shares".
This last registration provides the AFIP with the information so that it can be aware of the operations carried out that have to pay Income Tax , with the 15% rate calculated on the result between the updated sale price less the historical cost (unadjusted, except for holdings incorporated as of January 1, 2018).
Moratorium expansion project
The project to extend the moratorium that is currently in force was sent to Congress (Deputies), to include tax, customs and pension debts as of June 30 of this year. In this way, the next maturities of the sworn declarations of the Income Tax, Personal Assets and Financial Income, corresponding to human persons, which expire in this July, are left out . In addition, the arrears generated from July and what is generated until the activity resumes, once the quarantine has ended, could not be incorporated.
The project contemplates for the accession term the date of October 31. The first installment expires on November 16. The financing interest rate is reduced to 2%, up to and including January. The plans made with the previous regime may be recalculated with the new benefits.
Non-SME companies will not be able to distribute dividends for two years after the year in which they joined and they will have other limitations, for example linked to operations with foreign currency, which will cause expiration of the payment plan.
The debt, whatever its origin, may be canceled:
a) Compensating it with freely available balances, returns, refunds or refunds in favor of the taxpayer, in tax, customs or social security resources.
b) Cancellation by cash payment with a reduction of 15% of the consolidated debt.
c) Cancellation in the following quota amounts:
1) Personal contributions destined to the Single Social Security System and for withholdings or tax receipts and social security resources for those who have the status of: a) MSMEs, b) non-profit entities and c) human persons SMEs considered: 60 installments . For other taxpayers: 48 installments.
2) Rest of the obligations: up to 120 quotas for the taxpayers that have the condition of: a) MiPyMES, b) non-profit entities and c) individuals and undivided successions that are considered small taxpayers in the terms defined by the AFIP. For the other taxpayers, 96 installments.
Moratorium by Natacha Esquivel on Scribd
* José Luis Ceteri is a specialist in tax matters