In today's dynamic real estate market, developers face a common challenge: paying a very high property tax on properties not yet built. However, this situation should not only be seen as a significant expense, but also as 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 paying a Higher rate as a property tax on unbuilt real estate. This means that for “extra-fiscal” reasons, you end up paying up to double the base tax, something that in many cases can represent millions of additional pesos.
This policy, although it aims to promote construction, is unfair and unconstitutional, since it violates the principles of proportionality and tax equity.
Through a well-executed amparo lawsuit, a refund of the wrongfully applied surcharge can be obtained, since the justification provided by law is neither legally nor constitutionally valid.
This alternative is a highly effective strategy for real estate developers who manage large areas of 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 far-reaching:
In the firm's most recent success story, the developer company paid the amount of $2,770,174.00 pesos for property tax, so, through this amparo lawsuit, the refund of the 50.03% of the amount paid, that is, $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.
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