EL DUEÑO DE CONSUMAX ENTRE LOS 17 MILLONARIOS ENTRERRIANOS QUE NO PAGARON EL IMPUESTO A LA RIQUEZA
Un puñado de nombres se amontona en la lista de quienes han decidido no hacer un aporte solidario en un contexto extraordinario; entre los más ricos, los millonarios de la patria, hay profesionales, empresarios de distintos rubros, herederos con apellidos patricios y hasta futbolistas a quienes se les pide un aporte por única vez.
La mayoría de los contribuyentes alcanzados por el denominado impuesto a la riqueza cumplió con su obligación; unas doscientas personas presentaron demandas en la justicia para no pagar el aporte; y después están aquellos que simplemente decidieron no pagar, pero no judicializaron.
Según un relevamiento de Página Judicial, diecisiete millonarios entrerrianos iniciaron litigios en la provincia por considerar que el impuesto a la riqueza es inconstitucional y tiene carácter confiscatorio.
En el listado de quienes eligieron no pagar y demandar a la Administración Federal de Ingresos Públicos (AFIP) aparecen los hermanos Guillermo y Raúl Derudder, dueños del Grupo Flecha Bus; y Mario Benito Sborovsky, titular de la tarjeta Consumax y Nexon, entre otras empresas. Lo hicieron con posterioridad a que venciera el plazo para pagar, bajo el argumento de que les resulta “impagable” y le piden a la jueza federal de Concepción del Uruguay, María Isabel Caccioppoli, que dicte una medida cautelar de no innovar para que se impida a la AFIP la confección de los títulos de deuda hábiles para el cobro del aporte extraordinario hasta tanto resuelva sobre los planteos de inconstitucionalidad. La magistrada rechazó la pretensión sobre la presunción de legitimidad de los actos públicos y la Cámara Federal de Apelaciones de Paraná confirmó la decisión porque ninguno de ellos logró demostrar de qué manera la aplicabilidad del aporte solidario y extraordinario podría generarles un perjuicio que no pueda ser reparado hasta el dictado de la sentencia definitiva.
Los accionistas del Grupo Flecha Bus presentaron una demanda ante el Juzgado Federal Número 2 de Concepción del Uruguay. Los representan Román Alberto Uez, abogado en numerosos pleitos judiciales del grupo, y Jorge Diego Satto, actual diputado provincial y uno de los fundadores del PRO en la provincia. Paréntesis: ¿es éticamente aceptable que un legislador, un representante del pueblo, patrocine una demanda contra una decisión del Estado para paliar los efectos de la epidemia del Covid-19?
Los hermanos Derudder presentaron demandas por separado aunque con idénticos argumentos: dijeron que el aporte solidario “es inconstitucional por violar las garantías de no confiscatoriedad de los tributos, la falta de existencia de una imprescindible capacidad contributiva del contribuyente, la irrazonabilidad de la ley en su aplicación al caso concreto y la violación del principio de igualdad”, como principales argumentos, y advirtieron sobre las “terriblemente gravosas” consecuencias que tendría el no pago del impuesto si no se acciona judicialmente.
El Grupo Flecha Bus concentra el 40 por ciento del mercado del transporte de pasajeros en la Argentina y casi la totalidad en la provincia de Entre Ríos. La historia oficial, esa que cuentan ellos mismos, dice que la empresa nació de manera modesta en 1959 por impulso de don Hugo Derudder, su padre, y fue creciendo “lenta pero constantemente, con el esfuerzo perseverante de los socios y el continuo aporte de capital”.
Lo cierto es que el crecimiento fue exponencial a partir de la década del noventa, con la desregulación del transporte y un influjo de dinero que nunca se supo ni se investigó de dónde provenía. Desde entonces Flecha Bus fue ahogando a la competencia a través de prácticas monopólicas y maniobras denunciadas de competencia desleal hasta borrar al resto de las empresas en la provincia. “Se puede decir que Flecha Bus es la empresa mejor posicionada en el mercado del transporte de pasajeros a nivel nacional”, dicen jactanciosamente y con razón los hermanos Derudder.
Guillermo Derudder tiene acciones en decenas de empresas de transporte, desarrolla actividades agropecuarias y reconoce un patrimonio superior a los 3.400 millones de pesos entre bienes en el país y en el exterior. Raúl Derudder es menos rico que su hermano: declara un total de bienes que sobrepasa los 3.300 millones de pesos.
Sin embargo, el Grupo Flecha Bus está en concurso preventivo de acreedores y los hermanos Derudder dicen que llegaron a esa situación por culpa de políticas estatales que han “castigado incesantemente” al transporte de pasajeros de larga distancia hasta llevar a la actividad “a un literal agobio financiero y económico que ha dejado a las empresas al borde de la quiebra”. Por supuesto que también invocan a la pandemia de Covid-19 y “la prohibición de circulación” como factor agravante de la crisis. Y esa crisis, dicen, se hace extensiva a los dueños de las empresas.
Los hermanos Derudder aseguran que el aporte solidario les resulta “impagable” y le pidieron a la jueza Caccioppoli que dicte una medida cautelar de no innovar. Según sus propios cálculos, Guillermo Derudder debería pagar 108.433.294,83 pesos; mientras que Raúl Derudder tendría que abonar 103.782.845,32 pesos.
El planteo de Sborovsky está hecho en los mismos términos. Lo hizo a través del Estudio Jaureguiberry-Di Genaro y asociados, un estudio de Mar del Plata especializado en derecho tributario. La presentación la hizo el abogado Marcos Jaureguiberry ante la jueza Caccioppoli. En su caso, se estimó que por el impuesto a la riqueza debería pagar 10.181.283,57 pesos, que se sumarían a los 4.636.865,54 pesos que desembolsará por el impuesto a los bienes personales, y “la sumatoria conjunta del impuesto determinado por el aporte solidario, y estimado para el impuesto a las ganancias y el impuesto sobre los bienes personales arrojaría un monto de 15.182.029,30 pesos (…) lo que arrojaría una alícuota efectiva del 98,12 por ciento sobre las ganancias del ejercicio 2020”. Para llegar a ese cálculo, el empresario declaró un patrimonio superior a los 428 millones de pesos, entre bienes en el país y en el exterior, como dueño de la tarjeta Consumax, las empresas Nexon, Centro Eléctrico SA, Salud Mental SA, Las Rosas SA, Creditel Argentina SA, Dilfer SA y Presper SA, siempre en sociedad con familiares.
Mientras la justicia debe resolver otras catorce demandas de contribuyentes, lo cierto es que la avalancha de juicios que vaticinaban los detractores del impuesto a la riqueza no se constató. Es que la mayoría prefiere pagar, tal vez porque considera que el juicio es un proceso largo y puede resultar muy costoso. O tal vez porque admiten la necesidad de hacer una contribución extraordinaria en tiempos de crisis.
Informe de Juan Cruz Varela, para Página JudicialLos
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