In the midst of the fight with mayors K over the National Government’s attempt to have the provinces take charge of the fiscal pressure they exert on taxpayers, The prohibition of including taxes and fees in public service bills is now in force electricity, water or gas, but five municipalities were exempt: one has a precautionary measure that was left firm by Justice and four others could follow the same path.
Sources close to the National Government clarified Clarion that, for now, only the municipality of Pilar has a firm judicial decision, although for six monthsso bills in that district will continue to include municipal taxes and fees for the next half year.
The mayor of Pilar, Federico Achaval (Union for the Homeland), was the first to make a judicial presentation, asking the judge Adrian González Charvay declare it unconstitutional the measure promoted by the National Government. The magistrate thus annulling the resolution of Economics for six months.
Meanwhile, the four other municipalities in question, they pointed out from the National Government level, they have files in process: Moreno, Tigre, Escobar y Rioja. That is to say, “The interim precautionary measures have not yet become final in those communes“, they detailed. In that sense, until there is a final judicial decision, the regulations are suspended in them.
In addition to Pilar, González Charbay gave rise to the interim precautionary measure requested by the mayor of Moreno, Mariel Fernandez (Union for the Homeland), in which he pointed out that interrupting the municipal collection on the Edenor and Naturgy BAN tickets would affect the operation of community services y would cause “serious harm”.
Likewise, the mayor of Tigre, Julio Zamora (Union for the Homeland), will be able to collect municipal taxes on the Edenor and Naturgy BAN ballotssince the judge Martin Oscar Papavero ruled against the Nation’s measure. Similar situation occurs in Escobardistrict that leads Ariel Sujarchuk; and in the municipality of La Riojagoverned by Armando Molina.
The norm of the Ministry of Industry and Commerce arose in response to public complaints about municipalities and provincial governments that include local fees and taxes that do not correspond to the billing of essential services.
It was supported by consumer associations from all over the country, who expressed the need for put an end to these ‘undue charges’which ‘increase the total value of the invoice.
Complaints for non-compliance
In that sense, users who receive invoices with fees or taxes that have nothing to do with the contracted service may take a photo and report the breach since this Monday, doing the complaint by email to [email protected]as stipulated in Resolution 267/24.
The rule, published on September 10, gave companies a period of 30 days to adapt the billing model. Once the deadline has been met, they will not be able to add charges unrelated to the contracted goods and services, so They may only include the description and the corresponding price.
In September, the Minister of Economy, Luis Caputomade a publication in X that anticipated the impact of this measure: uploaded a photo of an electricity bill from a Buenos Aires municipality and assured, as an example, that “what is highlighted in green can no longer be invoiced as part of the service.”
Important! 👇
MUNICIPALITIES WILL NO LONGER BE ABLE TO INCLUDE TAXES AND FEES IN SERVICE BILLS.
Given repeated public complaints about municipalities that include local taxes in the billing of essential services such as electricity and gas, the Ministry of Industry and… pic.twitter.com/jyld9jSCkE
— totocaputo (@LuisCaputoAR) September 10, 2024
Article 4 of Law No. 24,240 provides that suppliers of goods and services are obliged to supply to consumer “in a certain, clear and detailed manner the essential characteristics of the goods and services they provideand the conditions of its commercialization. Article 8 bis requires them to provide “dignified and equitable treatment to consumers, and the authorities must provide the protection of these rights.”
Companies that do not comply with the regulations may be sanctioned according to the penalties provided in the aforementioned law and its Consumer Defense amendments and the regulatory standards. Other possible sanctions include: opening of an administrative summary and the application of fines.
Resolution 267/24 of Industry and Commerce is complemented by the resolutions of the National Electricity Regulatory Entity (ENRE) and of National Gas Regulatory Entity (Enargas) published last week, which prohibit the inclusion in invoices of concepts unrelated to the services provided.