Leading companies litigate against Córdoba over unequal collection of Gross Income Tax

Leading companies litigate against Córdoba over unequal collection of Gross Income Tax
Bayer leads the claims with a $35.6 million repetition lawsuit for the periods 2012 to 2017
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Companies such as Bayer and Unilever demand multimillion-dollar reimbursements after questioning the tax rates for the 2011 to 2017 period

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The Province of Córdoba faces complex legal challenges due to the application of differential rates in the collection of the Gross Income Tax. Large corporations initiated declaratory actions before the Supreme Court to determine the constitutionality of the tax laws from 2011 to 2017. The controversy arose from the unequal treatment between industries located in Córdoba's territory and those that operate from other jurisdictions.

The international debt prospectus indicates that an adverse ruling could cost the local administration an amount close to $2,309.3 million. If approximately 7,385 companies obtain similar rulings, the total financial impact could climb to $11,587.6 million. The cases are being processed in the Secretariat of Original Jurisdiction Cases of the Supreme Court to establish whether there was an improper collection of the aforementioned taxes.

Bayer is leading the claims with a refund lawsuit for $35.6 million for the 2012 to 2017 periods, an amount that doesn't include accrued interest. When the accumulated surcharges are added, the total amount requested by the chemical company rises significantly to reach an estimated $997 million. Unilever filed a similar case for $121.8 million for the 2013-2016 cycle, which, with its respective interest, would reach $840 million.

El sector metalúrgico también registró actividad judicial relevante
El sector metalúrgico también registró actividad judicial relevante

Details of the lawsuits and current rulings

The metallurgical sector also recorded relevant judicial activity through the companies Siderar and Ternium after receiving unequal tax treatment. Siderar initiated a refund action for $14.9 million for one month of 2010 and the entire 2011 fiscal year under the same concept. Once the accrued interest was calculated, the claim for this specific industrial operation reached a final value of $112.5 million in total.

This litigation already has a final judgment, and the Province paid $32.8 million for principal and interest plus almost $20 million for court costs. Regarding Ternium, the refund claim was for $16.1 million for the year 2012 plus the interest caused since the beginning of the judicial dispute. That case was solved against the State, which has already disbursed $36.3 million for principal and interest and $10 million for the costs of the lawsuit.

Although the treasury faced these payments, the official report indicates that the remaining balances to be settled in these cases are no longer significant. These lawsuits reflect the tension between private productive sectors and Córdoba's tax system regarding the fairness of the tax burden. The Supreme Court's decisions will set a legal precedent that will influence the future design of fiscal policies.


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