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Argentine Courts Keep AFA Tax Probe Alive, Send Separate Fraud Case to Ordinary Jurisdiction

A judge ruled that fiscal-execution pauses do not negate tax exigibility.

Overview

  • Economic-crimes judge Diego Amarante rejected a dismissal bid by AFA president Claudio “Chiqui” Tapia, treasurer Pablo Toviggino and others, keeping the tax-evasion investigation open.
  • ARCA’s complaint alleges failure to remit income tax, VAT and withheld social-security contributions totaling about AR$19.35 billion, later expanded to include purported fake invoices exceeding AR$375 million.
  • Prosecutor Claudio Navas Rial has imputed Tapia, Toviggino, Cristian Malaspina and Gustavo Lorenzo for improper retention of contributions, and the defense retains the right to appeal.
  • In a separate case, appellate judge Ignacio Rodríguez Varela ruled that businessman Guillermo Tofoni’s fraud complaint will proceed in the ordinary criminal court rather than federal jurisdiction.
  • The fraud filing includes more than 3,000 pages of U.S.-obtained TourProdEnter bank records that, according to the submission, show at least US$42 million routed to four Miami shell companies.