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Sumary
The Bank of Buenos Aires Province enjoys Fiscal immunity regarding to National taxes, given the treaty made by the Province at the time of celebrating the Pact of San José de Flores in 1859. In 1860, the Province joined the Confederation, being included into the 1853 Constitution and added into the articles 31 and 104. At the same time, when the law that declares Buenos Aires City as the Capital of the Republic was enforced, the treaty was expressly maintained regarding the province's institutions. At several moments it was attempted to tax certain acts related to the Bank's activity, but it was denied by the Court. The General Tax Directorate found a new argument to its favor under the 1994 Constitutional reform: the constitutionality of the tax co-participation regime. However, the jurisprudence of the Maximum Court has not changed. The author understands that the scope of the scope of the immunity of the province bank must be matched to the rest of the official banks and proposes a mechanism to achieve this. |
