General Resolution 5391 of the Federal Tax Authority (“AFIP”) established a special payment on account of the Income Tax for the fiscal period 2023.

07.24.23

Tomás Balzano

General Resolution 5391 of the Federal Tax Authority (“AFIP”) established a special payment on account of the Income Tax for the fiscal period 2023.

The framework applies to companies that have informed in the 2022/2023 tax return (as appropriate):

i) A tax result equal to or greater than $600,000,000. (without applying the net operative losses caried forward from previous years); and

ii) They have not determined tax in said period.

In case of qualifying, companies must pay 15% over the tax result of the company mentioned above (without applying the net operative losses caried forward from previous years).

The payment on account will be paid in installments whose maturity operates according to the fiscal period closing date:

 

FP Closing Date	Installments
August to December 2022	August/September/October 22, respectively
January to March 2023	December 22, 2023 and January/February 22, 2024, respectively
June 2023	January/February/March 22, 2024, respectively
July 2023	February/March/April, 22, 2024, respectively

The payment on account may be used in the Income Tax of the fiscal period following the one used to calculate the payment (2023 or 2024, respectively).

Although there are different constitutional arguments to judicially discuss the payment on account, the success of the different approaches will depend on each specific case (e.g. Amparo with precautionary measure).

For further information please contact Tomás Balzano