About 300 judges will start paying profits and there have already been reactions against the Court's decision

About 300 judges across the country will start paying income tax after the ruling of the Supreme Court of Justice of the nation. These are the ones who took office on January 1, 2017. The highest court lifted the precautionary measure that had hindered the implementation of a law pbaded by Congress in late 2016.

This is the 27.346 standard which states that the employees, officials and magistrates who will take office as of January 2017 have had to pay the tribute that the National Constitution is exempt from the judiciary so as not to harm the government. inviolability of wages. But a precautionary measure has suspended its application to judges and prosecutors. The case was initiated by the Association of Magistrates who opposed the tribute of judges from the judicial career and claiming that judging meant a promotion.

Now they will have to pay. At the national and federal levels, 90 magistrates are those affected by the benefits. Twelve others already paid because they did not come from the judicial career and became judges of the legal profession.

As for provinces across the country, where there are six thousand magistrates, there are about 200 who will start paying, According to the estimates of the Argentine Federation of Magistrates (FAM), the body that brings together the provincial judges.

"The exact number must be collected from the judiciary of each province that owns the records of who presumed from January of last year", they said this way of FAM.

Judges who took office before January 2017, who make up the vast majority, will not pay any profit.

How much will judges pay for profits? This will depend on the personal circumstances of each judge for the family deductions that he can do. But for high wages –between 160 000 and 200 000 pesos between national and federal. The profit application could be raised to 60,000 pesos a month by applying 35% of the profits as it is the highest rate.

This is the big concern of the magistrates. Start receiving a much lower salary than they had. They point out that the situation is more difficult in the interior of the country, where wages are lower. Even in some provinces, they charge up to half of the national or federal judges.

The Court's decision – which was unanimously rendered by its five members – provoked reactions a few hours after its publication.

Member of the Judicial Council of the Nation and Federal Judge Alberto Lugones He asked that no discounts be applied because the law was not regulated and that the matter should be dealt with in the Council. "It would be relevant to abstain from any type of reduction from the magistrates, officials and / or employees of the judiciary of the nation with respect to income tax, until such time as that time", supports the note Lugones sent to the head of the judiciary, Carlos Bedetta.

From "Judicial Commitment", one of the political groupings of judges, expressed in a statement the "deep concern about the consequences" of the Court's decision, including the judges by which Profit "In the future, they will receive a lower salary than they had before their promotion and even less than the administrative staff of their dependents".

The group asked the Court to establish the tax base on which it should be taxed under its wage powers and asked the national government to Mauricio Macri the "immediate" dictation of the regulation of the law of profits with the convocation of the sectors consulted.

A question with a tone of reproach repeated by several judges is why the Court deals with a precautionary measure when it does not usually do so. "Even though he decided to intervene, he had a favorable criterion for his dictation when questions or institutions important to the republic were in danger, as is the case for the remunerations of the members of the judiciary and the prosecution ", He maintained in his release the judicial commitment.

Another issue that left the Court's decision is whether the payment of benefits is retroactive to the months that the judges did not pay due to the suspension of the law. "I do not know", was the answer he took Infobae in three magistrates.

"That's why the regulation of the law is important, what the government has not done since all this time," he said. explained a judge.

That's why the bet is that we are now discussing how it will pay the profit. The judges want to define a criterion that does not mean a significant loss of salary. Of the judiciary have several proposals.

According to judges, the application of 35% of profits to judges will reduce the judicial career. "A secretary will not want to promote a magistrate because he will have greater responsibilities for a lower salary than he currently earns", a lot of reason.

The decision of the Court is a certainty. "There is no reverse", they repeated magistrates in political badysis.

The one who celebrated the decision was the MP PRO Pablo Tonelli, author of the law endorsed by the Court. "This decision considers the need to promote and respect the constitutional principle of equality in public office, with a particular focus on justice and tax fairness. Its application will allow all magistrates to pay income tax in a few years, like the other inhabitants of our country, "he said in a statement.

In fact, the highest court has pronounced on a precautionary measure. The grievance has not yet been filed and must be presented by the judge in the context of federal administrative litigation. Esteban Furnari. The Association of Magistrates demands that the government be ordered to regulate the law.

The debate does not end here. In the Chamber of Deputies, all judges plan to pay benefits. It is from the UCR and proposes that the tribute be made on the increases that the magistrates will have. He has the support of the PRO and the intention was to treat him this year. But everything indicates that it will be in 2019.