Why can the government seize my bank account?

10

·

Jan

·

2024

//

Companies
Entrepreneurs
For everyone

10

·

Jan

·

2024

Companies
Entrepreneurs
For everyone

Why can the government seize my bank account?

Seizure of bank accounts, a painful but necessary measure.

Pablo Esteban Chavez Garcia

Director of Administrative Law.

p.garcia@rmgsc.com

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It is well known to all that the tax authority is more active than ever. For various reasons, every day, treasury collection strategies are becoming more aggressive, and one of their main tools is the seizure of bank accounts.

That's right, the tax authority (and not only the SAT) can seize your bank accounts, to such an extent that you can be prevented not only from having your money, but also from making any movement in them.

For what reasons can our accounts be seized?

The main reason is due to the non-payment of a tax credit (tax obligation such as taxes, social security contributions, etc.). When a legally enforceable credit is not paid by the authority, the authority is empowered to seize your bank account as a way to guarantee payment.

They are even empowered to carry out extractions, not just to seize them. So, if you owe money to a tax authority (SAT, IMSS, INFONAVIT, etc.), you could suddenly see a decrease in your account resources.

What is the procedure?

It is not that the authority can seize the account or carry out the extraction on its own, but rather that it must follow a procedure that involves several actors. First, the authority must request the National Banking and Securities Commission to issue the seizure or withdrawal order to the financial institution, so that the bank can then proceed to carry out such action.

BE CAREFUL, you must be notified of this, because you must be aware of or be aware of the impact that is being generated to your assets and sphere of rights.

Another important point to consider, which is very unfortunate, is that in most cases, embargoes are carried out by All resources contained in the account, when the correct thing is for only the amount due to be seized.

What to do in these cases?

Faced with this situation or even if we do not know the reasons for the embargo or withdrawal, the ideal would be to submit a Means of defense, for the procedure to be carried out in strict compliance with the law, and even, to address the merits of the matter, it is advisable challenge the tax credit or the act that gave rise to the embargo or extraction.

Having your bank account seized is extremely onerous, as it causes the company's flow to be hindered and can even lead to bankruptcy, as we do not have the liquidity to meet our obligations.

That is why it is extremely important to be aware of our fiscal and legal obligations, and if for any reason you are already immersed or immersed in a problem of this nature, don't worry, we will help you.

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