To understand the current panorama of employees in a dependency relationship regarding Income Tax, we must go back to the end of September 2023, where the National Congress approved the latest reforms in the rule that governs this tax.
Through the Law 27,725, a “schedular tax” was created, what establishes a tax scheme separate from the global progressive scheme of this taxor, which It is applicable only to employees in a dependency relationship.
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As of 2024, there is a duality of applicable regimes, depending on the status of the employee in a dependency relationship.
On the one hand, we have the so-called “Schedular tax on higher incomes” with a MNI of 180 salaries, minimum, vital and mobile (SMVM) in the year, at whichl does not apply to certain employees, such as company directors.
On the other hand, The general income tax regime remains in force, precisely for those who do not fall into the schedular taxation scheme.
These are directors, trustees and members of supervisory boards of public limited companies and equivalent positions; presidents and vice presidents who receive monthly and lifetime allowances; Secretary of State onwards and their equivalents.
That is Those employees in a dependency relationship who are not designated as directors or equivalent positions, as of January 1, 2024, are subject to the “schedular tax on higher incomes.”
In this sense, it is worth noting that the “schedular tax” that has been approved by the legislative branch, through the sanction of law 27,725, to date is not yet officially regulated by the Federal Administration of Public Revenues (AFIP), for general resolution or by any other type of provision.
How to calculate the schedular tax
In the absence of regulatory regulations, the treasury published on its website some clarifications regarding this Scheduled Tax, such as the withholding calculation mechanism y cWhat are the amounts of the scales in force for January 2024.
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Regarding the tax calculationthe treasury refers to the general resolution of the previous Profits regime (still in force for directors on the payroll, among other cases), so that All gross remunerations earned by the employee in each calendar month are considered as the calculation basis, but there is a single deduction equivalent to 15 SMVM per month.
That is, In principle, the calculation base would be composed of the gross remunerations accrued, being able to deduct only the sum of 15 monthly SMVM. It is important to mention that, for the purposes of this calculation, we must consider the “minimum vital and mobile wage” in force as of January 1 of this year.
For now, There are no official confirmations regarding possible updates to the SMVM by the National Employment Commission.
In this sense, The SMVM, in effect as of January 17, 2024, is $156,000recording the last update that was made in the month of December of last year, through Resolution 15/2023 of the National Employment Council.
Furthermore, through consultative spaces on its WEB site, the AFIP published the applicable scales of said scheduled tax, which are detailed below:
It is important to mention that These scales are applicable only for remunerations accrued and/or received during Januarysince andThe treasury has not yet published the scales applicable to the remaining months of the year.
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In the absence of regulations by the AFIP regarding the “scheduled tax on higher incomes”, We must consider the details of Law 27,725 passed last September, the clarifications made by the AFIP recently on its website, and the latest minimum wage published by the National Employment Commission, for the purposes of liquidating the tax.
So, who would pay Profits from January 2024?
Considering the previous, those employees in a dependency relationship who during January have obtained remunerations greater than $2,340,000, They will be subject to withholdings of the “Schedular tax on higher incomes”, in accordance with the scales detailed above.
Anyway, To date, definitions are awaited regarding what will happen to the income tax of employees in a dependency relationship in 2024, since the repeal or continuity of this cedular regime has not yet been defined in a bill.
* Tax & Legal Manager SMS Buenos Aires