Background on the Fiscal Interest Guarantee
The Fiscal Interest Guarantee is a mechanism that ensures the fulfillment of tax obligations, specifically credit taxes. By providing this guarantee to the tax authority, taxpayers can avoid coercive collection of credit taxes, and the authority ensures compliance with their obligations.
Currently, taxpayers have 30 days to establish the Fiscal Interest Guarantee after filing a revocation appeal. However, with the approved modification (which needs to be discussed and voted on in the Senate of the Republic), this period will be extended to six months.
Controversy and Criticism
Carlos Alberto Puente Salas from the Green Party mentioned that if the appeal is resolved within the six-month period, taxpayers will be granted an additional 10 days to cover the guarantee.
Emilio Suárez Licona, a PRI diputado, criticized the proposal, stating that it is juridically inconsistent and unfeasible under the Federal Fiscal Code. He argued that extending the suspension of seizures or coercive collection for up to six months while taxpayers arrange the corresponding guarantee seems favorable at first glance. However, he believes it contradicts the existing legal framework.
Bank Exemption from General Rule on Unpaid Credit Deductibility
Another reservation approved by Morena’s bloc concerns the deductibility of unpaid credits. The law stipulates that if a taxpayer cannot pay a credit, it will be deducted.
However, banks and financial institutions are exempt from this general rule. Ricardo Monreal emphasized that banks should be subject to the same rules as any other taxpayer regarding credit deductibility for unpaid credits. He argued that it is not appropriate for banks, through the National Banking and Securities Commission, to establish these rules.
Impact on Taxpayers and Financial Institutions
These proposed changes aim to provide taxpayers more time to secure the Fiscal Interest Guarantee and ensure that banks adhere to the same rules regarding unpaid credit deductibility. The controversy lies in whether these adjustments are legally sound and if they create an uneven playing field between taxpayers and financial institutions.
Key Questions and Answers
- What is the Fiscal Interest Guarantee? It’s a mechanism ensuring taxpayers’ compliance with their tax obligations, specifically credit taxes.
- How does it work? Taxpayers provide this guarantee to avoid coercive collection of credit taxes, and the authority ensures compliance.
- What changes are proposed? Morena’s bloc proposes extending the time to establish the Fiscal Interest Guarantee from 30 days to six months following a revocation appeal.
- Who is exempt from the general rule on unpaid credit deductibility? Banks and financial institutions are exempt from this rule.
- Why is there controversy? Critics argue that the proposed changes are juridically inconsistent and unfeasible, while others believe it creates an uneven playing field between taxpayers and financial institutions.
