La justicia rechazó la declaración de inconstitucionalidad de una tasa municipal que solicitara un contribuyente que invocó no encontrarse radicado dentro del ejido.
La Cámara Federal de Apelaciones de San Martín, en la causa “Western Union S.R.L. c/ Municipalidad de Merlo”, rechazó una demanda promovida por un contribuyente a fin de obtener la declaración de inconstitucionalidad de una tasa municipal por inspección de seguridad e higiene -exigida por el departamento ejecutivo de la ciudad de Merlo- cuando el actor no contaba con asiento territorial ni locales comerciales dentro del ejido.Como fundamento de su demanda, Western Union S.R.L. invocó la jurisprudencia de la Corte Suprema de Justicia de la Nación en la causa «Laboratorios Raffo» (Fallos: 332:1053). No obstante, en el presente caso, la Justicia consideró lo siguiente: – Ambas partes están de acuerdo en que Western Union SRL no posee locales propios para el desarrollo de su actividad comercial dentro del Municipio de Merlo; – Sin perjuicio de ello, no puede soslayarse que la actora gira comercialmente dentro del ejido municipal por medio de locales situados en el Partido de Merlo: dos correspondientes al Correo Oficial, uno a la Compañía Financiera Argentina S.A. y otro a la empresa Credilogros Compañía Financiera S.A.; – Además, hay constancias que acreditan que la accionante realiza actividades de intermediación financiera dentro del distrito, en locales fehacientemente identificados con la explotación económica que ejerce, ubicados dentro de establecimientos de otras compañías, todos con identificación externa visible y logotipo propio que indubitadamente anuncia, promociona y evidencia el sustento territorial. En base a estos argumentos, la Justicia rechazó la demanda y declaró constitucional la tasa por inspección de seguridad e higiene exigida por la Municipalidad de Merlo.
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