The Internal Revenue Service (SRI) began the process for extinguish taxpayer debts whose values do not exceed the basic salary (SBU) and expired five years ago or even earlier.
This is a measure established in the Organic Law for Economic Development and Fiscal Sustainability, in force since November 29, 2021, which modified the Tax Code in the part related to the extinction of onerous recovery obligations.
With the reform, an unnumbered article was incorporated into the Tax Code, after article 56, which provides the following: “it may be massively declare the extinction of obligations that are up to a unified basic salary, provided that on the date of issuance of the respective termination resolution, the statute of limitations for the collection action has been met, regardless of whether or not the coercive action has been initiated ”.
Taking into account that for 2022 the basic salary was set at $425, means that, at least this year, debts below that figure can be extinguished and who are five years oldwhich is the limitation period for the collection action, indicated in article 55 of the Tax Code.
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The Internal Revenue Service (SRI) clarified that the measure “applies by debt, not by taxpayer.” That the current norm provides for the “extinction of each obligation that meets the conditions established by law.”
To better understand this part, tax expert John Arias, manager of the firm Census Consultores, explained that for the extinction the total value of the debts is not taken into account that the same taxpayer has, but that the tax administration consider each obligation individually, as long as it is within the amount and terms indicated.
Arias described with an example how the process works. If a person has twelve different debts, each of $400 and over five years, but which together give a total of $4,800, the SRI will not apply the extinction on the sum of $4,800, but will do so for each obligation. , separately, if they meet the requirements.
In this way, the expert highlighted, the pending values that are related to the income tax, value added tax (VAT), withholdings at source, among others, since the rule does not limit the benefit to a certain type of obligation.
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In addition, the SRI specified that the law does not restrict the process from taking effect only in 2022, since “it is not a transitory provision”, but rather It is a rule of general application. as long as the debts are less than the basic salary and the prescription time of the collection action is fulfilled.
In other words, if no new changes are made to the Tax Code in this matter from now on, the obligations generated in 2022 they will be susceptible to extinction in the year 2027, if their value is less than the basic salary that is in force at that time.
To execute the process, the SRI issued resolution 047, dated December 1, 2021, which provides that the Tax Administration, through the zonal directors or the director of large taxpayers, will issue at least once a year the resolutions that declare the extinction of obligations.
Resolution 047 clarifies that the amount that can be withdrawn -that is less than a basic salary- includes the value of the capital, plus interest, fines and surcharges generated up to the date of issuance of the mass extinction resolution.
It is also indicated that the SRI is not obliged to initiate collection actions through coercion, nor grant payment facilities in the debts that are going to be extinguished. And it is established that Internal Revenue will not return previous payments made by taxpayers for an extinct obligation due to onerous recovery.
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John Arias added that this includes coercive payments. In addition, the expert noted that, according to the standard, the coercive processes that are in progress, that involve debts of less than the basic salary and five years old, are without effect.
The nine zonal directors of the SRI issued the respective resolutions to comply with the law between February 23 and 25, 2022. Each one has an annex with the list of taxpayers and debts that will benefit from the process; there are bonds dating back to 2004 and others with values of $0.01.
The procedure operates ex officio and does not require debtors to make any management or request, clarified Internal Revenue and reported that until April 5, around 12,620 taxpayers and 40,641 obligations have benefited. The average amount of debts extinguished so far is $132.29. (I)
Source: Eluniverso
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