News published in INFORMA 2024

News published in INFORMA in October

It is modified to clarify when income from the rental of a rural house or a tourist apartment is classified as income from real estate capital and when it is considered income from economic activity.

When a person changes from receiving a pension for total, absolute or severe permanent disability to a retirement pension, the taxpayer will maintain his or her right to apply the minimum for disability without being required to provide a disability certificate proving a degree of disability equal to or greater than 33 percent. New criteria established by TEAC Resolution 4263/2023, dated July 19, 2024.

Gratuities to persons who introduce new clients are considered capital gains not subject to withholding and are included in the general tax base.

The net performance index applicable to the activities of transformation, processing or manufacturing of natural products is always the result of applying an increase of 0.1 to the net performance index of the natural product, even if there is a modification of the index by ministerial order that does not mention said increase.

In the active retirement situation, the obligation to pay contributions arises from carrying out an activity and not from receiving a retirement pension, so the RETA contribution is not deductible from the work income corresponding to the pension and, in an objective estimation, cannot be deducted as an expense of the activity.

When, prior to retirement, a pension for permanent total disability or severe disability has been granted, a retirement pension is received upon reaching retirement age, which is also considered exempt from personal income tax.

RETA contributions by the collaborating spouse are a deductible expense for determining net work income, and may result in negative income if the total work income is not greater than the contributions paid.