Check Tax and Its Implications

Fund transfers in Argentina are subject to multiple taxes, including the check tax, which affects the liquidity of businesses and individuals. However, the political debate about its elimination continues.


Check Tax and Its Implications

The fund transfers made by the Nation, the provinces, the Autonomous City of Buenos Aires, and the Municipalities resulting from expropriations or other operations not subject to the tax. The amounts credited as a result of operations on securities, bills, bonds, obligations, and other papers issued and that will be issued in the future by the Nation, the Provinces, the Autonomous City of Buenos Aires, and the Municipalities, as well as those corresponding to the income generated by them and/or to stabilization or monetary correction adjustments. In all provinces, there are percentage ranges, reaching up to 5% pruning, determined based on mechanisms for evaluating taxpayers' fiscal compliance.

The province of Buenos Aires does not adhere to Javier Milei's amnesty: what will happen with Gross Income. Individuals and companies check their bank statements, and after each deposit, they notice that the bank withholds the tax on bank debits and credits and Gross Income, whether local or settled under the Multilateral Agreement, for being registered in several provinces. The Arbitral Commission defined the following percentage categories in a pattern of affected taxpayers defined by provincial treasuries, which is available every month on the website www.sircreb.gov.ar, and is applied to each deposit.

A: 0.01%; B: 0.05%; C: 0.10%; D: 0.20%; E: 0.30%; F: 0.40%; G: 0.50%; H: 0.60%; I: 0.70%; J: 0.80%; K: 0.90%; L: 1.00%; M: 1.10%; N: 1.20%; O: 1.30%; P: 1.40%; Q: 1.50%; R: 1.60%; S: 1.80%; T: 2.00%; U: 2.50%; V: 3.00%; W: 3.50%; X: 4.00%; Y: 4.50%; Z: 5.00%. The so-called 'fiscal risk' determined by each jurisdiction, based on assumptions about the degree of taxpayer compliance, in some cases can exceed the rate charged from the tax in the formal settlement made every month.

The amounts credited to individuals in the form of subsidies, programs, allowances, scholarships, food cards, and any other type of social benefit (including unemployment funds), emergency income, and those non-contributory monetary benefits provided by the national, provincial, municipal government, the Autonomous City of Buenos Aires, or any decentralized state entity, as well as loans of any nature granted by the National Social Security Administration (ANSES). The fund transfers made by the State for compensation due to expropriations and other operations not subject to the tax. The need for funds makes it necessary to implement advances of bank discounts that, as happens with a real piranha attack, bite money on each deposit made. The check tax, born 24 years ago, goes behind all movements (credits and debits), while provinces collect advances of gross income from bank credits.

All its collection is destined for ANSES and was a subject of discussion last year with the provinces when the income tax was reduced on wages. It has no theoretical support as a tax since it does not fit into the theoretical trilogy that accepts taxing wealth, nor the income that is taxable, and neither does consumption. It includes income from sales, advances, pre-financing for export, as well as returns of the Value Added Tax (VAT). The amounts credited as bonuses or reimbursements for operations included in banking or financial promotions, paid by means of purchase, debit, and/or credit cards issued by the same entity obliged to act as a collection agent.

Credits resulting from the accreditation of fixed terms constituted by the account holder, provided they have been established with funds previously credited to accounts in the name of the same holder. It was supposed to be temporary, but insidiously it stayed among us, and currently, it is the third most important tax that contributes resources to the country, after VAT and Income Tax. The amounts credited as reimbursement of the Value Added Tax (VAT) as a result of operations with purchase, credit, and debit cards. It was designed as an indicator that functions as an advance that the State collects as payment regarding other taxes that do have technical hierarchy.

Under Macri's presidency, it was attempted to allow it to be computed as a full advance payment of Income Tax for 2022. The amounts credited as remuneration to employees in a dependency relationship, pensions, retirement benefits, and loans of any nature, granted by the same entity obliged to act as a collection agent or by the Investment and Foreign Trade Bank and other second-tier financial institutions. The amounts credited as accrued interest related to the balance of the account itself. Fund transfers from the sale of real estate when the remitter declares under oath that the seller is not a habitual dealer, in the terms of the exception provided by National Decree No. 463/PEN/2018, its amendments, and regulations, concerning the Tax on Bank Debits and Credits. The amounts credited as a result of export operations of goods (according to the definition of the Customs Code). If there remains a favorable balance, it is carried over to the next fiscal year. All taxpayers pay it, almost without realizing it in each bank transaction; what differs is the percentage that each one can deduct as a payment on account of the Income Tax. The credits resulting from the redemption of mutual funds, constituted by the account holder, provided they have been constituted with funds previously credited to accounts in the name of the same holder.

The national and provincial treasuries cannot wait for the moment taxpayers settle and pay their taxes. The mortgage credits and the subsidies from the National State credited to the accounts of the beneficiaries of the Pro.Cre.Ar. Program, in all its modalities. The restitution of funds previously seized and debited from bank accounts. The adjustment made by financial entities in order to close bank accounts that present overdue debtor balances. Fund transfers made by any means, except by using a check, destined for other accounts where the same remitter of the transfer is listed as the holder or co-holder. The general rate is 0.60%; there are also reduced rates limited to certain operations and types of taxpayers. Depending on what the regulations of each province establish, the following concepts are generally excluded from gross income retention: Fund transfers from outside the country. Recently, the Minister of Economy mentioned that it was one of the taxes to be eliminated in the near future. Fund transfers where the remitter is a judicial court and are made for alimony, pension and/or retirement adjustments, labor compensation, and/or accidents. The amounts credited as Universal Child Allowance (AUH), Emergency Family Income (IFE), and those non-contributory monetary benefits of an exceptional nature that will be established in the future in the context of the health emergency established in National Decree No. 260/PEN/2020, complementary and modifying regulations. The credits resulting from operations carried out through the immediate fund transfer channel called 'Mobile Payment Platform' (PPM) -Com. Fund transfers in payment for claims by insurance companies.