The Federal Administration of Public Revenues (AFIP) repealed the controversial general resolution 4838/2020 that established the “Tax Planning Information Regime”.
The head of the national treasury, Carlos Castagneto, after meeting with tax experts, reported that he will establish “a new Complementary Information Regime for International Operations (RICOI), for the purpose of carrying out an effective assessment and risk management of compliance in international tax matters “.
The new tool aims to have online control over international operations carried out by large companies.
“General Resolution 5306/22 replaces the Information Regime of National and International Fiscal Planning provided in RG 4838/20, which, unlike RICOI, also required all legal and human persons. Micro, Small and Medium-sized companies are expressly excepted Company, Section I and II in all its categories”, specified from the national treasury.
Through the new regime “obligated taxpayers must present their information after the expiration of the Income Tax affidavit. To do so, they must enter with Fiscal Code Level 3 to the web service “Complementary Information Regime of International Operations”.
“The subjects affected are companies and associations, and their derivative firms constituted in the country, as well as those derived from trusts constituted in the country,” the national treasury pointed out to Infobae.
The regulation “will be applicable for the presentation of the information corresponding to the fiscal years closed as of 08/01/2022. The AFIP will show the taxpayer the information obtained from abroad through international agreements with third countries. In this sense, the lawyers and accountants will no longer have personal responsibility, but it will fall on the companies”, they detailed.
This change was informed by the AFIP authorities to “representatives of the private sector in the organization’s central building. Silvio Rizza, Sergio Pantoja, Teresa Gómez, Heraclio Lanza, Daniel Malvestiti and Catalino Nuñez participated in the meeting for the Federation of Professional Councils of Economic Sciences (FACPCE); Carlos Abeledo for the Argentine Industrial Union (UIA), and Fabián Castillo for the Argentine Confederation of Medium Enterprises (CAME) and the Federation of Commerce and Industries of the City of Buenos Aires (FECOBA).
In this regard, FACPCE stated that “since the publication of the aforementioned General Resolution on 10/19/2020, our Federation has revealed its disagreement with the tax planning information regime that was intended to regulate, because it was advancing dangerously above a consecrated constitutional right, jurisprudence and current regulations, which is professional secrecy and due secrecy in the professional-client relationship”.
“It is worth mentioning that from the beginning the FACPCE, through its technical agencies, expressed its disagreement with the obligations arising from the aforementioned RG and that it was the product of numerous meetings with authorities of the tax agency to discuss the issue. Not having had favorable receptivity in those moments to our proposals, the 24 Councils together with the authorities of the Federation assumed the commitment to defend the rights of our registered professionals, initiating the appeal process in administrative and judicial headquarters -precautionary measure and challenge of nullity of the norm- to claim the violated right,” he said.
“In a historic event for our Federation, the 24 Councils of the country, in a homogeneous manner, initiated judicial actions that throughout this time have had positive results with different degrees of progress in the judicial courts and with favorable progress according to what was requested. To what has been stated, it should be added that the Board of Directors of FACPCE held several meetings with the current AFIP authorities, explaining and reiterating the arguments raised in the aforementioned lawsuits, for which we cannot fail to express our satisfaction at this new resolution of the body that repeals that highly conflictive regulation, which generated unnecessary disagreements with Economic Sciences professionals,” they added from the FACPCE.
Tax planning: the AFIP repealed a controversial information regime
In the same sense, Gabriela Russo, president of the Professional Council of Economic Sciences, pointed out that “in this way, the Information Regime of National and International Fiscal Planning will be replaced by General Resolution (AFIP) 5306 that implements a complementary information regime of international operations that seeks to avoid duplicating data arising from other regimes”.