In today's dynamic real estate market, developers face a common challenge: paying a very high property tax for unbuilt properties. However, we should not only see this situation as a significant expense, but also an opportunity to optimize costs and free up resources for strategic projects.
Fortunately, there is a legal way to recover what was overpaid and thus optimize the project's finances.
Most municipal revenue laws provide for a higher rate to be paid for property tax on unbuilt properties. This means that for “extra-fiscal” reasons, you end up paying up to double the base tax, something that can represent millions of additional pesos on many occasions.
This policy, although its objective is to promote construction, is unfair and unconstitutional, since it violates the principles of proportionality and tax equity.
Through a well-executed amparo proceeding, a refund of the unduly applied surcharge can be obtained, since the justification provided for in the law is neither legally nor constitutionally valid.
This alternative results in a highly effective strategy for real estate developers who manage large land or long-term projects, since property tax is a fairly high liability that regularly represents a brake on these projects.
Imagine being able to recover a significant amount of property tax paid in the last fiscal year. For developers who manage large portfolios, the financial impact can be significant:
In the most recent success story of the firm, the development company paid the amount of $2,770,174.00 pesos for property tax, so that, through this amparo judgment, a refund of 50.03% of the amount paid was obtained, in other words, $1,384,305.00 pesos.
If you are part of a real estate developer and want to explore how this strategy can benefit you, do not hesitate to contact us, we are sure that you too will want to optimize your costs and pay only what is fair.
Mr. Pablo Esteban Chávez Garcia
📞 33 1440 5164
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