The sales left Argentina, with Brazil as the destination, but the commercial invoices were issued to an intermediary in Uruguay, from the same group
By iProfessional
03/05/2023 – 21,10hs
Customs fined more than $320 million to a malting And thus concluded a contentious process focused on maneuvers of under-invoicing of exports by the company. Specifically, the claim focused on 52 exports of malting barleycarried out in 2015 and 2016 by Maltería Pampa SA
The sales left Argentina through the Port of Bahía Blanca, with Brazil as a direct destination; however, in all cases the commercial invoices were issued to an intermediary located in Uruguaywhich belonged to the same economic group as that malting facility.
The risk analysts of the General Directorate of Customs had considered the amount documented by the exporter in Argentina striking, for which they decided to compare it with the valuation registered for the entry of the merchandise into Brazil.
The exchange of information made it possible to conclude that the value declared in Argentina “did not reflect the value of the transactionwhich used triangulation with the third operator to simulate a non-existent sale and thus justify the difference between the prices registered in both countries, which in some cases was greater than 26%,” Customs said in a statement.
The agency also explained that the objective of the undue rebilling was, on the one hand, to make the malting plant in question liquidate less foreign currency than it was entitled to -with a consequent impact on the Central Bank’s reserves- and, on the other, to hollow out the tax base of operations in the country.
Within this framework, despite the defense exercised by the legal representatives of the export firmthe body led by Guillermo Michel presented evidence to find the company responsible for presenting inaccurate statements.
Customs fined a malting facility in more than 320 million pesos: these are the reasons
Thus, having verified an under-invoicing of $320,756,345.59 million, the administrative court resolved, under the terms of article 954 of the Customs Code, to apply a fine equal to the amount of the difference detected, according to official information.
Customs suspended 59 exporters due to inconsistencies
A few days ago, the General Directorate of Customs solved the preventive suspension of 59 exporters. It was after detecting inconsistencies and the lack of currency income.
The decision was made to analyze and perform systemic intersections of export operations of certain products. Given inconsistencies and irregularities detected and the lack of foreign currency income, the measure was ordered.
In this sense, Customs proceeded to open disciplinary proceedings and preventive suspension of 59 foreign trade exporters.
Los deadlines to settle currencies they range from 15 days from the shipment permit (soybean) to 180 days (regional economies), existing cases of 365 days, but always with a maximum of 60 days for operations between related companies.
As they explained from Customs, To take advantage of the gap, many exporters do not settle the currencies with the Central Bank (BCRA) and leave these amounts abroad or convert them at the cash exchange rate with settlement.
Customs resolved the preventive suspension of 59 exporters due to inconsistencies
That is why for the customs a “systemic behavior of these exporters was demonstrated that, already expired legal deadlines corresponding, do not make the due currency income seriously affecting the reserves of the BCRA”.
In addition, they assured that “they continue to carry out export operations for relevant sums, which also generates unfair competition in each of the areas they operate”.
“We are going through the worst drought from 1922 to date, soybean production is estimated at only 23 million tons, and the lack of efficient controls about fake companies exporters led to an exponential growth of ‘folders’ that simulate export operations to leave dollars abroad without liquidation“, the agency said.
“Our objective is defend reserves for national industry and job creation“said the General Director of Customs, Guillermo Michel.
