According to the Resolution 3 / 2024, the Ministry of Economy has proceeded to increase the compensatory, punitive and tax repetition interest rates as of February 1.
According to the recital of the rule, published today (22.01.2024) in the Official Gazette, the basis is supported by the current economic conditions, in order to "encourage the timely cancellation of obligations and prevent delinquent taxpayers from financing their activities by non-compliance with taxes, reestablishing, for such purposes, an automatic updating scheme."
In detail:
Tax debts in pesos
?Monthly compensatory interest rate (in pesos). It is set at 1,3 times the effective monthly active rate of overdrafts in current accounts not previously requested from the Banco de la Nación Argentina, in effect on the twentieth (20) of the month immediately preceding the beginning of the aforementioned two-month period (in effect in each two-month period).
In reference to that provided for in article 37 of Law No. 11.683, text consolidated in 1998 and its amendments, and in articles 794, 845 and 924 of Law No. 22.415 (Customs Code) and its amendments, in force every two months.
?Monthly penalty interest rate (in pesos). It is set at 1,5 times the effective monthly active rate of overdrafts in current accounts not previously requested from the Banco de la Nación Argentina, in effect on the twentieth (20) of the month immediately preceding the beginning of the aforementioned two-month period (in effect in each two-month period).
In reference to that provided for in article 52 of Law No. 11.683, text consolidated in 1998 and its amendments, and in article 797 of Law No. 22.415 (Customs Code) and its amendments, in force every two months.
?Monthly compensatory interest rate (in dollars)It is set at 0,83% per month when the obligations in question are expressed in US dollars or must be paid according to the amount of categories or other similar concepts in force on the date of their actual payment.
?Monthly penalty interest rate (in dollars)It is set at 1% per month when the obligations in question are expressed in US dollars or must be paid according to the amount of categories or other similar concepts in force on the date of their actual payment.
Treasury debts in favor of the administrator (in pesos)
For cases where the return of amounts in the form of taxes that must be reimbursed or repeated in favor of the taxpayer is applicable, it is established that the interest rate applicable to the assumptions provided for in article 179 of Law No. 11.683, text ordered in 1998 and its modifications, to the remaining assumptions of return, reimbursement or compensation of taxes governed by the aforementioned law and to the assumptions provided for in articles 811 and 838 of Law No. 22.415 (Customs Code) and its modifications, in force in each two-month period, will be the effective monthly rate arising from considering the average of the rate published by the Central Bank of the Argentine Republic in the section "Interest rates for 30-day term deposits in financial institutions" for the thirty (30) day period ending on the twentieth (20) day of the month immediately preceding the beginning of the aforementioned two-month period.
Treasury debt in favor of the administrator (in dollars)
An interest rate of 0,20% per month is set for concepts expressed in US dollars.
Time when interest will begin to accrue on returns
For the remaining cases of refund, reimbursement or compensation of taxes governed by Law No. 11.683, consolidated text of 1998 and its amendments, referred to in article 4 of Resolution 3/2024, interest will accrue from the date of filing of the application provided that the taxpayer has complied with the requirements established for this purpose by the current regulations; otherwise, interest will accrue from the date on which compliance is verified.
Publication
Interest rates will be published at the beginning of each two-month period on the AFIP website.
Daily interest rate
The daily interest rate to be applied will result from dividing the corresponding monthly rate by thirty (30).
Validity and effects for its application
This resolution is effective immediately and will take effect from February 1, 2024.
Previous Periods
For the cancellation of obligations whose maturity occurred before the date of entry into force of this resolution, the regimes in force during each of the periods covered by these must be applied.
Repealed regulations
Resolution 559 of August 23, 2022 of the Ministry of Economy is hereby repealed,
Comment
With the entry into force of this new regulation, which will take effect as of February 1, 2024, new compensatory and punitive rates are established for settlements in pesos. It should be noted that, in relation to concepts in US dollars, it remains at 0,83% and 1% (punitive and compensatory respectively), as set in 2019 by Resolution 598 and maintained by Resolution 559 of 2022. On the other hand, it is set for refunds in US dollars at 0%.
Likewise, it is important to clarify that, as mentioned in the current Resolution 3/2024, for the purposes of settling the interest that may cover previous periods, the interest rate that applies in each case will be applied.
The following is added checks with the different Periodically, Tasas y resolutions:
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