Saturday, February 24, 2024

Tricks of big companies to get million-dollar returns

The Tax Administration Service (SAT) informed the Supreme Court of Justice of the Nation (SCJN) that it has become common practice for taxpayers, such as aggressive tax planning, to cover tax credits owed for the sole purpose of disputing the fees to win the trials and return the money, with the interest paid by the authority, which is higher than the banks in the investment instruments.

“Taxpayers are using this strategy to get prosperity… has already given millions of dollars in returns to the General Administration of Large Taxpayers of the SAT in the study of the contradiction of thesis 158/2018, studied by Minister Alfredo Gutiérrez Ortiz Mena.

The SAT office sent a letter to the Supreme Court warning that until now, a measure of the first court allowed the return of tax credits, plus interest, to companies that found their way into an aggressive tax strategy to obtain resources from the public treasury.

The document warns that, if this measure continues, the situation may lead, according to its estimates, to a refund of up to 31,500 million pesos in taxes paid from January to December 2023, considering that in that amount, 5,500 million pesos generated interest. .

In this context, the 5.5 billion obtained by large taxpayers (companies) corresponds to the budget assigned in 2024 by the Ministry of Economy or the National Human Rights Commission (CNDH).

The judicial authorities explained that if the criterion of the first court is confirmed, which obliges the SAT to return the improper payment with interest from the date on which the taxpayer made the payments, even if an administrative trial was filed and lost at any stage, the refund policy will be enforced in its entirety and leave the SAT without defense.

On January 11, the plenary session of the SCJN plans to discuss, and approve or reject, a draft sentence presented by Minister Gutiérrez Ortiz Mena, which contains the resolution of the thesis conflict that arose between the first and second chambers of the Court. , to meet the direct protections under the review of 1991/2016 and 5793/2015.

At the end of the session, the ministerial rapporteur told the president of the Court, Norma Lucía Piña Hernández, that have received some documents regarding the matter raised today. I will withdraw the project so that I can study these memoranda and present the project to you, if possible, in a few days. Piña Hernández then stated that the matter would be withdrawn, reviewed, and raised later.

According to sources from the Judicial Branch of the Federation (PJF), representatives of the SAT went to the court and met with some of the ministers, including Gutiérrez Ortiz Mena, and presented their arguments, in addition to delivering a letter signed by Armando Ramírez Sánchez, general administrator of the Big Taxpayers.

Considerations

The tax agency indicated that there are some taxpayers who have implemented tax planning with the intention of exploitation in fees “where the interest is paid to taxpayers, which, at the moment, is higher than what financial institutions pay in investment instruments.

In the official letter, it is detailed that, for example, according to the Bank of Mexico, the interest rate generated annually on Treasury Certificates (Cetes) in January 2021 is 4.27 points; the Equilibrium Interbank Interest Rate (TIIE) is 4.49; and the SAT has remained at 17.65 percent since that year.

In December 2023, Cetes paid an interest rate of 11.21 points and TIIE 11.5 percent.

In this context, the letter addressed to the ministers warns: the SAT recognizes that this has become a common practice among taxpayers payment of the tax credits owed with the sole purpose that, upon obtaining a favorable decision, the SAT will refund them and pay the interest.

In addition, the companies use the Treasury as an instrument to generate excess returns on the amounts provided through tax credit payments.

In the letter received by the ministers and the speaker, Gutiérrez Ortiz Mena, it is said: Such is the case of the taxpayer, Desarrollo Comercial Abarrotero, SA de CV, who paid a tax credit of 1.97 million pesos, to later challenge it and, in the event of cancellation, request the return of the amount paid, updated and with interest, which resulted in the refund of SAT in the amount of one thousand, 583 million, 660 thousand, 87 pesos, and 41 cents, of which 400 million, 146 thousand, 84 pesos, and 41 cents is equivalent to interest.

The company, from Cortazar, Guanajuato, is a large grocery distributor and many SAT, which previously imitated the said tax planning in a new trial, where he paid the credit and requested an updated return with interest, where he expected to receive paid interest of 383 million pesos.

In addition, SAT presented a list of eight taxpayers, including Desarrollo Comercial Abarrotero, who are suing for the return of their paid tax credits, and they expect to receive 923 million pesos in interest only in January of this year.

SAT told the Court that if the criteria issued by the first chamber of the SCJN prevail, a serious impact on public finances is expected, because only from January to December 2023, the Big Taxpayer issues tax credits whose value amounts to 636 billion pesos. So if only ten percent of the said credits are paid and disputed and if the tests are 50 percent unfavorable, this means that the SAT must return 31.5 billion pesos, with interest, approximately 5.5 billion pesos in the course of an anus.

World Nation News Desk
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