The month of April 2021 has arrived and it is the turn of the Physical persons, not only for those who obtain income from a commercial activity, from a salary, from an income, from the sale of an asset, from the interest of their investments, from receiving a dividend from their companies, or because they won a prize ; but even for those who, without having an activity or income, must report inheritances, legacies, donations, exempt income from the sale of houses, government support or loans received during the year of 2020 as informative data because otherwise they would become accumulative income for the payment of the tax.
This last point of the informative data is important, since according to data from the SAT itself, one of the most common errors in the presentation of the Annual Declaration of Natural Persons is precisely the failure to manifest said data that are mandatory. Although it is not very common to receive inheritances or bequests, but it is classic that parents make deposits to their children as donations or that the taxpayer handles credit cards that is nothing other than a loan and are examples that must be reported in the Annual Statement.
But many taxpayers think it is just a simple informative data, that at any given time if it is omitted there is the risk of representing accumulative income and paying the tax; However, it is much more than that, with the tax changes that have occurred since last year, the Declaration with the appropriate tax treatment and the manifestation of these concepts becomes very relevant, because we must understand that they are income that is part of our heritage and the lifestyle we have; which not declaring them can fall into Tax Discrepancy issue which occurs when expenses are greater than total income, whether these are cumulative or exempt and are only informative.
Then then the problem is that if we fall into Fiscal Discrepancy and we cannot check the origin of that discrepancy, then our situation from a fiscal issue of omission of taxes can pass to a legal issue of jail, because in accordance with article 109, section I of the Fiscal Code of the current Federation, we fall into a Crime of Tax Fraud that will be sanctioned as part of organized crime in accordance with article 2, section VIII Bis of the Federal Law Against Organized Crime where, among other assumptions, it is contemplated, for example, that the amount of the fraud exceeds seven million 804 thousand 230 pesos. And to make the matter much more serious, it does become a qualified crime according to the sixth paragraph of article 108 of the same Tax Code for issues such as using false documents or not issuing invoices (Digital Tax Receipts over the Internet), the penalty is increased by half and the precautionary measure of informal preventive detention could be imposed and to top it off, domain extinction can be applied to our assets. And this is how an issue of Fiscal Discrepancy puts your Freedom at risk; that is, you take your legal process in jail and without an estate to face it.
Thus, I invite you to Declare from the hand of specialists, because although since the administration of Peña Nieto the Authority has been saying that we would not use an Accountant to Declare taxes, it seems that now we employ a financial accountant and tax attorney, a criminal tax attorney, a systems engineer and even a priest give us the blessing.
CP. and Lic. Aldo Eliud Juárez Luna, Specialist in Legal and Financial Security.
Give your opinion: [email protected]
–
