The head of the Federal Administration of Public Revenues (AFIP), Charles Castagnetoaffirmed that “no law is confiscatory or unconstitutional, the justice has said so”, within the framework of the criminal complaint for alleged tax evasion that the official agency filed against the television host Susana Giménez for not submitting the 2019 Personal Assets Affidavit.
The AFIP claims a debt of 50 million pesos from the TV figurean amount that for penalties and interest could reach 300 million pesos.
Susana Giménez refused to present the affidavits of Personal Assets, stating that the reform sanctioned by Congress at the end of 2019 is of a “confiscatory” nature.
From the AFIP they maintain that in the specific case of Susana Giménez it was possible to observe during the audit process of the fiscal period 2019 (Income and Personal Assets) an intention to hide his assets with the alleged objective of not paying the Solidarity and Extraordinary Contribution created to help moderate the effects of the pandemic through the law 27,605.
Castagneto, in a note with the television channel C5N, specified that the complaint is in the Economic Criminal Court number 5, in charge of Dr. Diego Amarante.
The official explained the procedure that is carried out by the agency in these cases: “there is time to present the affidavit of Personal Assets and Earnings, and, in the case of not doing so, after 5 days, in a systemic way, it is invited all taxpayers to make the presentation”.
“In the case of not having a response, 20 days after this notification is presented, an intervention order, investigation, and control of the same are started internally by regulations, to determine a presumed income,” reported Castagneto.
“In this particular case, (Susana Giménez) has not presented either Earnings or Personal Assets since 2019; then, she made a presentation of the affidavit of Earnings, not that of Personal Assets, she returned to have communication as is done constantly, because the body has to be fair and equitable, “said the official.
In this sense, he said that the television host “presented a precautionary measure that was unfavorable, she made a second precautionary measure, which again was unfavorable, and consequently the agency continues in this stage of inspection, a presumed income is determined ” .
The figure of the television presented a precautionary in the framework of a declaratory action of unconstitutionality (JNCAF 10 – Expte 2254/21) for the increase in the rate of Personal Assets of 2019, which was rejected by the court.
Susana Giménez appealed the ruling and then requested the withdrawal of the appeal when the ex officio Determination resolution is issued.
In this way, Castagneto explained that “in the case of this taxpayer, he ignored it, and said that a law was confiscatory and unconstitutional and we are here so that the law is respected.”
Consequently, he said that “after the time elapsed and without a response from the taxpayer, the corresponding criminal complaint has been filed” and added that “no law is confiscatory or unconstitutional, I do not say so as the head of the agency, but rather the Justice”.
