Constitution Commission blocks tax reform

With 13 votes in favor, 1 against and 2 abstentions, the Constitution Commission The Congress approved yesterday the prediction that grants powers to the Executive Power to legislate in tax, fiscal, financial and economic reactivation matters.

The current opinion –which must go to the Plenary– It only grants 90 days for the Government to legislate on the requested matters, even though 120 days had been requested.

Likewise, it proposes that powers be granted to the Government only in some specific points, excluding the measures that give the highest collection.

In this way, the Executive would not be allowed to make changes to the mining tax regime, raise the income tax (IR) for those who earn more than S / 300,000 a year, or make adjustments to the rental tax or capital income. . Nor could it simplify tax policy for smaller companies. In addition, it is prohibited to adapt the regulations for digital platforms to pay IGV in our country.

The president of the Constitution Commission, Patricia Juárez, added that the text is eliminating “everything that means creating taxes.”

At the time, the Ministry of Economy and Finance (MEF) It pointed out that the prediction of the Constitution Commission did not consider the main points of the tax reform, which affected its collection estimates.

Thus, of the S / 12,000 million that were sought to be collected annually with the entire tax reform, it would only be possible to obtain additional income for S / 1,264 million per year; that is, 90% less than estimated. However, as more MEF proposals are excluded, the additional collection expected to be obtained could decrease.

The day before, the head of the MEF, Pedro Francke, expressed his concern about the attitude of said working group, as he pointed out that the president of the Constitution Commission did not agree with companies and high-income people paying more taxes. “Despite the fact that large-scale mining is obtaining extraordinary profits due to high mineral prices, and that the IMF indicates that there is room to increase the tax burden, it intends to eliminate that fundamental part in order to finance hospitals, schools and water.”

Today debate Economy

Meanwhile, the Economy Commission scheduled an extraordinary session for this afternoon to discuss the prediction of delegation of powers.

The Republic agreed to the text that will be debated and, Unlike the Constitution, it does authorize the Executive to perfect the mining tax regime, as well as legislate so that the mypes have only one tax regime. However, it would not allow them to raise income tax rates either.

A fiscally rickety state

José Távara, Professor of Economics at PUCP

Among the arguments I have heard to oppose the reform is that the time is not right. It is never the right time to discuss a tax reform, no political party wins elections by proposing it. Should the quality of execution be improved? It’s true. Raising revenue, raising the fiscal size of the State is not a sufficient condition, but it is necessary if we want to maintain fiscal balances.

It must be recognized that we have a fiscally weak State and our country will never be able to develop with a fiscally weak State.

The numbers

60,000 million soles would be collected in 5 years of implementing the entire tax reform proposed by the MEF.

133,000 people would pay nothing or pay less rental tax with the MEF’s progressivity proposal.

Main axes of the tax reform

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