Envían 72 artículos relacionados con procedimientos tributarios que reordenan desde el Tribunal Fiscal de la Nación hasta el domicilio electrónico

El Título VII de la Reforma, sobre Procedimiento Tributario, una verdadera «Ley Antievasión 3». Tiene 72 artículos e incluye ítems como el domicilio electrónico obligatorio, la clausura preventiva y un reordenamiento completo del Tribunal Fiscal de la Nación, que lo obliga a tener delegaciones en el interior del país.

A partir de la reforma, en consonancia con lo que venían disponiendo las provincias, la constitución del domicilio fiscal electrónico será obligatoria y se delega en la AFIP establecer excepciones a esa obligación, comentó Sebastián Domínguez, de SDC Asesores Tributarios.

Se crea una instancia de conciliación administrativa dentro de la AFIP, el acuerdo conclusivo voluntario, que tendrá lugar durante el proceso anterior de la determinación de oficio.

La AFIP tendrá derecho a la clausura preventiva cuando se configuren uno o más hecho u omisiones y el contribuyente tenga antecedentes por comisión de la infracción, comentó Humberto Bertazza, presidente del Consejo Profesional de Ciencias Económicas porteño, y agregó que esto regirá siempre que cuente con resolución o sentencia condenatoria aún cuando no se hallare firme. Hay nuevas causales referidas al tema laboral.

Para el resto de las clausuras, sanción 2 a 6 días (actual 3 a 10). No se aplican multas al mismo tiempo (actual $ 300 a $ 30.000). Se incluyen puestos móviles de venta. Se excluye como causal no entrega de facturas. Se incluye no aceptación de medios electrónicos de pago y falta de inscripción de contribuyentes empleadores, así como de ocupar trabajadores sin registrar o declarar (actual gravedad y reincidencia).

Se crea la Orden de Intervención (OI) como base legal a los fines de verificación y fiscalización. El plazo de fiscalización será de 540 días corridos más 180 días corridos. Luego caducará el procedimiento, pero se mantiene la validez de la prueba colectada.

Hay varios cambios en la prescripción y una nueva causal de suspensión: desde el dictado de las medidas cautelares que impidan la determinación o intimación de tributos y hasta los 180 días posteriores al momento en que se encuentre firme la sentencia judicial que ponga fin a las mismas.

En el embargo preventivo, se elimina que los jueces debían decretarlo dentro 24 horas al sólo pedido de la AFIP.

En el Título X de la Reforma se crea una unidad de medida de valor homogénea a los efectos de determinar importes fijos, impuestos mínimos, escalas y sanciones, que se aplicará en todos los montos fijos impositivos y también en la Ley Penal Tributaria.

La Unidad de Valor Tributaria (UVT) se actualizará en forma anual por IPC y está incluyendo la actualización de multas, que no existían (ver aparte). Se discutían años estas sanciones y se terminaba pagando muy poco.

En tanto, en la Ley Penal Tributaria, se suben el monto de punibilidad para la evasión simple a $1.000.000 (actual $400.000), y para la agravda a $10.000.000 (actual $4.000.000).

Para la evasión simple previsional el piso de punibilidad sube a $200.000 (actual $80.000), y para la evasión previsional agravada, a $1.000.000 (actual $400.000).

Se da por terminado el proceso penal con el pago de los tributos, hasta los 30 días hábiles posteriores al acto procesal, por el cual se notifique fehacientemente la imputación penal que se formula (indagatoria, toma conocimiento de la existencia de la causa para nombrar defensores), explicó el abogado Norberto Marconi.

Por último, la AFIP se arroga facultades para evitar la denuncia penal en ciertos casos.

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