Treasury and Penta case: “According to the SII this is the standard that applies to large, medium and small companies”

This Sunday in an interview with the program “Pauta Libre” of La Red, the Minister of Finance Ignacio Briones referred to the controversy generated after a Ciper report detailed that the expenses associated with the defense of Penta in the trials were considered expenses necessary to produce the income discounting $ 1,400 million.

Regarding the controversy generated by the decision of the Internal Revenue Service (SII) in the Penta Case, the Minister of Finance specified that this is the matter of the inspector and not of the Ministry. However, Briones affirmed that “I have seen opinions of tax experts of different colors affirming that the criterion they have adopted is correct. Here it is not a forgiveness of $ 1,400 million pesos, nor is it a pardon, it is accepted that this expense of the company, not of the controllers, is lowered as an expense ”.

Along these lines, the Secretary of State stated that “When we talk about taxes, the law is not harsh. We all have to be treated with the same bar (…) I read to the director (interview with PULSO), and if one agrees with the criterion that there must be a uniform standard without distinction and privileges, that in the 1,000 cases of this nature they have the same treatment, regarding the legal defense is thrown away as an expense ”.

In addition, Briones referred to the autonomy of the SII and stated that “I believe that we should advance much more in its autonomy, so that in the future there will never again be a blanket of doubt that here it is the government that can press or act to take things in one direction or another ”.

Related to the criterion that tax treatment should be the same for everyone, the minister pointed out that “we are advancing in an agenda of tax exemptions. At the end of the day, exemptions are nothing more than a tax privilege, one that may eventually be justified but that must be reviewed ”.

Briones added that “on the side of the government, there is every will to advance in this matter, it seems to me that it is fair. Here all the exemptions have to be calibrated and analyzed: how much money is it, who benefits, is the objective met or not, and that is valid for all (presumed income, free zones, capital shares, etc.). You have to get rid of prejudice, analyze them on their merit and see how we progress ”.

In addition, the head of the Treasury specified that the first mandate given to the Tax Commission convened to review the tax system has been to review the exemptions.

The person in charge of the fiscal wallet said he agreed with the Government going to the Constitutional Court (TC) to prevent a second withdrawal of funds from the AFPs, after this week the project advanced in the Constitutional Commission of the Chamber of Deputies .

“In a presidential regime, this regime has exclusive prerogatives such as the definition of spending, social security matters and taxes, and the truth is that we seek shortcuts through temporary modifications, which also matter and have long-term or permanent consequences, It seems to me something that should be challenged given the constitution that governs us today, ”explained Briones.

Finally, the minister pointed out that “we are going to have a new constitution, but in the meantime let us respect the one we have.”