Today in the Senate, La Libertad Avanza, together with its allies, achieved the majority opinion on the “Tax Innocence” project.with which this initiative can be discussed together with the 2026 budget at the meeting on December 26th.
The decision was made at a meeting of the Justice and Crime Commission chaired by the libertarian Juan Carlos Pagottoafter analyzing the text adopted by the Chamber of Deputies in the early hours of Thursday morning.
The initiative It will be discussed on December 26 along with the 2026 budgetas the Argentine News Agency from legislative sources.
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At the beginning of the debate, the libertarian senator pointed out that “in Argentina we are changing the paradigm before the AFIP was set up as the police of the regime. This project is a start, especially for financial innocence and for us to stop depending on general resolutions and start relying on the law.”
From the opposition, the radical Maximiliano AbadHe celebrated the initiative as he said: “This new approach recognizes that taxpayers are innocent until the Treasury, Prove the opposite with documents and evidence. It’s a very important conceptual change.”
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However, the senator expressed his “concern” about the “updating of fines, especially in the case of affidavits, ranging from 200 to 220,000 pesos, without the law specifying the system used for this increase or establishing differences between micro, small, medium and large taxpayers.”
Project details
The law proposed by the national executive introduces changes to the penal tax regime (Law 24.769); on tax procedures (Law 11,683) and the Civil and Commercial Code of the Nation; and a simplified affidavit. The initiative creates a “simplified income system” through which, according to the government Taxpayers who join will be ‘shielded forever’.
This system, whose accession provides for a capital limit of up to 10,000 million pesos, guarantees taxpayers that they will not have to report changes in capital, nor will their consumption be controlled. This means that ARCA only charges them income tax on the income they invoice, regardless of any capital growth (which is not controlled) and consumption is deducted from this tax base.
Article 39 of the project “establishes the discharging effect of the payment if the contents of the affidavit proposed by the ARCA are accepted and the payment is made on time; except that revenue has been omitted.”
The Tax Innocence Project increases the amounts by which an individual is deemed to have committed the crime of simple evasion from $1,500,000 to $100,000,000. In order for the conduct under investigation to be classified as “serious evasion,” the minimum amount must exceed 1,000 million pesos (no longer 15 million).
On the other hand, the limitation period for tax obligations will be shortened from five to three years. ARCA will not take criminal action as long as the debt and related interest are paid, although this benefit only applies once per taxpayer.
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If the complaint has not yet been filed, it will expire if the taxpayer withdraws from these obligations by paying an additional 50% within 30 working days of notification of the complaint. Although the project aims to relax tax controls, the amount of fines for filing affidavits will increase after the deadline.
DS/DCQ
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