La AFIP declara la incompetencia de la Aduana para sancionar la falta de ingreso de divisas en las exportaciones
Date | 31 August 2016 |
Published date | 31 August 2016 |
Law Firm | Marval O'Farrell Mairal |
El 1 de agosto de 2016, la Administración Federal de Ingresos Públicos dictó la Instrucción N° 5/2016, en la que se dispone que las dependencias aduaneras habrán de declarar su incompetencia para iniciar sumarios y aplicar multas por declaración inexacta (artículo 954, inciso c) del Código Aduanero), en los casos de exportadores que no hayan cumplido con la obligación cambiaria de ingreso de divisas.
Para poner en vigencia el nuevo criterio, la AFIP ha tenido que dejar sin efecto una instrucción emitida por la Dirección General de Aduanas en el año 2012 (Instrucción N° 2/2012), que exhibía una notoria falta de apego a la legislación aplicable.
La nueva Instrucción enmarca la conducta de la Aduana en forma acorde a repetida jurisprudencia de la Cámara Federal de Apelaciones, que ha pasado en autoridad de cosa juzgada, en tanto la CSJN ha rechazado los recursos extraordinarios interpuestos por la Aduana.
Esta jurisprudencia declara que la autoridad competente para realizar cuestionamientos por el ingreso o egreso de divisas es el Banco Central de la República Argentina, y asimismo establece que no le corresponde a la Aduana investigar y sancionar este tipo de situaciones.
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