They will escrachar online companies that receive help to pay salaries

As published iProfessional, the Work and Production Emergency Assistance Program (ATP), which helps companies to pay the wages of the staff already turned on warning lights among companies due to a series of restrictions that were applied after the measure came into effect.

Now, there is a new controversy around the program: a new provision of the Head of Cabinet ordered to raise the tax secret so that the AFIP The list of beneficiaries of the aid to pay employer salaries and contributions is passed on to that distribution, which will be published in Internet.

According to Administrative Provision 887/2020, published this Monday, May 25 in the Official Gazette, which approves Act 12 of the Pandemic Advisory Committee, the Headquarters will publish the following on its website:

-Regarding the postponement or reduction of up to 95% of employer contributions for retirement, the list of beneficiaries including their CUITs, Names, exercise and kind of agreed benefit.

-Regarding the Complementary Salary, the list of employers whose workers are reached by the benefit, including their CUITs, Names, exercise and number of workers benefited by company.

-Regarding loans at zero rate, amount of agreed benefits and amount of the themselves, added by categories of the Monotributo or by covering the condition of autonomous.

“For this purpose, the ANSeS and the AFIP should provide the information corresponding to such benefits to the Head of Cabinet, proceeding to update it with the periodicity determined for its correct dissemination,” notes Act 12, which was approved.

In another order, workers whose gross remuneration accrued in the month of March 2020 exceeds the sum of $ 250,000 were excluded from the Supplementary Salary.

In attention to the extension of the benefits of the ATP Program related to the postponement of the payment of employer contributions regarding wages and contributions accrued during the month of May, the universe of companies that provide the incorporated activities will be reached by the benefit to the Program.

How to pay in case of moonlighting

In relation to those cases of moonlighting, the following rules should apply:

-The supplementary salary to assign as benefit should be equivalent to the fifty% of the sum of the net wages corresponding to the month of February 2020.

-The result thus obtained it cannot be inferior to the sum equivalent to a minimum salary, vital and mobile, nor greater than the sum equivalent to two minimum wages, vital and mobile.

-The sum of the complementary salary may not result in the worker obtaining a benefit for the concept in treatment higher than the sum of the net remuneration corresponding to the month of February 2020.

-The supplementary salary determined in accordance with the above guidelines shall distribute proportionally, considering the gross remuneration paid by each employer that has been selected to access the benefit in question.

These rules will be applicable in cases of workers with up to 5 jobs for which they may be benefited by the complementary salary,

Finally, the incorporation of sports clubs into the ATP Program was decided.

Up to four years without seeing a weight

Regarding the restrictions that were added to the ATP Program, an accountant commented: “They are asking advice for give back the help for him payment of companies wages They shouldn’t have to, but the constant change in the rules of the game and the legislative threats against the property of private companies scared people. ”

Specifically, they would not be two if not four the years for which some firms they won’t be able to touch your money if they receive the Complementary Salary in May.

“The companies as a result of the establishment in supervening form of restrictions for having accessed the benefits of the ATP program are evaluating to begin to return the amounts received from the State,” said Marcelo Brandariz, of PwC Argentina.

“The dictation of a series of restrictions, after the program was in force and with the adhesion of the companies already carried out, it generated concern, uncertainty and a re-analysis in each case of the situation, “Brandariz warned.

Accountants warn that many companies want to drop the ATP Program due to conditions

Brandariz differentiated three groups of Business:

1. Companies that are already returning the amounts received and asking to drop the program.

In this regard, the AFIP told iprofesional that the number of companies that since Monday that it is operational, asked to return the ATP is insignificant compared to the 250,000 that as of this Friday had benefited from the benefit.

“The Government’s objective is to guarantee jobs and wages, and in 45 days we reach the benefit of more than 2 million workers. If companies want to return the contribution, they can do so, but the rules of the game are clear”, they emphasized from AFIP.

2. Other firms are still evaluating how to proceed.

3. The last ones are in worst situation and taking the benefits also in May because they inevitably need them to survive.

These companies, for Brandariz, “will analyze in the future the legality of the restrictions according to their needs, and in due course, will carry out some of the actions and rights recognized by the national Constitution.”

Brandariz believes that the constitutionality of restrictions on the movement of company money dictated by an Administrative Decision of an Advisory Committee created exclusively in the framework of the pandemic “will be debated.”

Four years without seeing a weight

Regarding these restrictions, Marcelo D. Rodríguez explained, in the MR Consultores update cycle, that by administrative decision it was established as requirements to access the May ATP, that the Business they do the following will be prohibited:

• They will not be able to distribute profits for the fiscal periods closed from November 2019.
• They will not be able to buy back their Actions directly or indirectly.
• They will not be able to acquire securities in pesos for its subsequent and immediate sale in foreign currency or its transfer in custody abroad.
• They wont be able perform disbursements of any kind to subjects directly or indirectly related to the beneficiary whose residence, location or domicile is in a non-cooperative jurisdiction or with low or no taxation.

Even, by Act No. 11, it was also established that these operations may not be carried out during the current year and the 12 months following the end of the financial year after that in which the benefit was granted, including for accumulated results previous, Rodríguez said.

“A company that closes balance sheet at December 31 will not be able to carry out these operations during the fiscal years 2020, 2021 and 2022. You can, for example, distribute profits from the January 1, 2023“Rodríguez exemplified.

The situation is even worse for companies with more than 800 people. In this case, these operations cannot be carried out during the current fiscal year and the three future fiscal years. So, for a December closing, they must wait until January 1, 2024, the taxpayer warned.

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