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Economy Banco Nación filed a lawsuit before the Supreme Court against La Pampa for the increase in taxes - Infobae

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Banco Nación filed a lawsuit before the Supreme Court against La Pampa for the increase in taxes - Infobae



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September 13, 2024



The public entity initiated legal action against the province for the increase in the Gross Income Tax on loans. The measure seeks to curb the impact on the financing of SMEs and prevent other provinces from adopting similar measures.



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Banco Nación joined the Ministry of Economy's initiative to move against the provincial and municipal tax burden (Reuters)

The Banco de la Nación Argentina (BNA) has filed a declaratory action of unconstitutionality before the Supreme Court of Justice of the Nation against the province of La Pampa , in response to the recent decision of the government of La Pampa to significantly increase the rate of the Gross Income Tax on financial activity, going from 7% to 15.47%. This increase directly impacts the credits that the financial institution grants in that province. The legal action of the Banco Nación occurs in a context in which the national government is also implementing measures to limit the proliferation of rates and taxes at the provincial and municipal level, a problem that has gained relevance in recent weeks.


La Pampa 's decision was formalized through Decree No. 3609, which promulgates Provincial Law No. 3582 , and will come into force on September 1, 2024. This law increases the tax pressure on financial operations, especially on loans granted by the BNA in the region . Banco Nación argues that this increase is excessive and will negatively affect the local economy, especially with regard to the financing of SMEs and other key productive sectors .


BNA President Daniel Tillard was firm about the situation. “We are analyzing the possibility of moving forward with the closure of the La Pampa Zonal Management ,” said Tillard, referring to a potential reduction of the entity’s physical presence in that province. However, the executive clarified that the bank is exploring alternatives to mitigate the effects of the tax increase, especially with regard to the continuity of credit. “ We are going to consult with the entities that represent SMEs and the productive sectors to sustain credit through other alternatives ,” he added, stressing the importance of keeping the lines of financing open despite the increase in costs that the new tax scheme will entail.


The conflict is framed in a national economic context where the government of Javier Milei has placed a strong emphasis on reducing the tax burden as one of the key strategies to combat inflation and promote economic growth. In this regard, Tillard also referred to the macroeconomic objectives of the national government. “ The promise of zero inflation promoted by the government of our President Javier Milei is accompanied by the expansion of credit for SMEs and families ,” said the president of the BNA , in clear allusion to the need to reduce the tax burden to promote economic development.


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Daniel Tillard, president of the National Bank

Banco Nación sees this case not only as a local challenge, but also as a risk that other provinces will follow the example of La Pampa . Official sources from the bank have indicated that the legal action has a preventive character to avoid similar increases becoming widespread in other jurisdictions, which could seriously affect banking operations in different parts of the country. So far, La Pampa is the only province that has implemented such a significant increase in the rates that tax financial activities, which has raised concerns both in the banking sector and in local productive sectors, particularly due to the impact that this could have on credit costs.


The BNA 's legal action comes at a time when the national government is also making progress in its fight against the increase in rates and taxes at the provincial and municipal levels. Recently, the Ministry of Economy , headed by Luis Caputo , announced a resolution that will prohibit provinces and municipalities from including additional rates on bills for essential public services, such as electricity and gas. This measure, which will be published in the Official Gazette, seeks to make the breakdown of costs on bills “transparent ,” so that users can clearly distinguish the charges for the contracted service from those local taxes that are not directly related to it.

Minister Caputo was emphatic in criticizing what he considers an abuse by some municipalities in adding surcharges to public services, which, according to him, unjustifiably increases the cost of living for citizens. “ The rates have to have, according to the Court, a direct relationship with a service actually provided ,” said the minister, adding that many of these rates are “exorbitant and unreasonable.” In addition, Caputo stressed that municipalities and provinces have been using these tax tools not only for revenue-raising purposes, but also for political motivations, hindering central government policies aimed at reducing inflation.

This conflict over municipal taxes has developed in various sectors, including supermarkets and banks, who have repeatedly denounced the increase in these charges. Such is the case of the municipality of Lanús , which recently increased the Health and Safety Tax , affecting large supermarket chains. These measures have been received with strong criticism from the national government, which has launched a series of initiatives to stop these practices.
 
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