Fines are just the tip of the iceberg

22

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Jan

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2021

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Companies
Entrepreneurs

22

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Jan

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2021

Companies
Entrepreneurs

Fines are just the tip of the iceberg

The authorities are not playing around, a very important part of our State is collection; whether for taxes, fines, social security contributions, etc.

Pablo Esteban Chavez Garcia

Director of Administrative Law.

p.garcia@rmgsc.com

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We all know that we must comply with the law, although on many occasions (more than we would like to admit) this does not happen: people prefer to ignore what the law says because it is too tedious, or we consider it absurd, or even because we don't think it will benefit us.

Well, if you decide to break the law, don't think you'll get away with it that easily; depending on the action, the reaction. If you have a relationship with a private third party and you break what the law says, you may face a lawsuit, lawsuit or some type of legal process; however, if the relationship is with the government, you will most likely face fines, imprisonment or other measures.

That's right, not only are there fines, there are other means by which the authorities can enforce what the law requires, or at least to “compensate” them for your non-compliance. But hey, what are these measures? We'll talk about three: freezing of bank accounts, suspension of the effects of the digital seal certificate And Seizure and auction of assets.

The first two measures apply mainly to fiscal matters, and the third applies to the entire administrative branch in general.

1. Account Freezing

As already mentioned, these measures proceed in the event of a breach of a tax obligation, exactly when you have a debt to the public treasury. Thus, by having a debt and not paying it, the authority can proceed to freeze the required amount in your bank account to guarantee the payment of said fine, or better known as “tax credit”.

  • What can you do to avoid it? A guarantee can be offered, that is, to make a “provisional debt payment” while resolving the process by which you combat that tax credit, of course, if you decide to do so. Another option would be to file an amparo so that you can have the money in your account, because many times they not only freeze what you owe them, but everything that is in it.

2. Suspension of Effects of the Digital Seal Certificate (CSD)

The Digital Seal Certificate is a document issued by the SAT, through which, one could say, the taxpayer Sign your invoices. This makes them unfalsifiable, so, having such a certificate, their authenticity is beyond any doubt. Now, can you imagine not having that certificate? Your bills don't work for the SAT, and what person will want to buy you something or hire you for a service if you can't issue them an invoice that they will most likely use to deduct taxes?

That's why these certificates are super important, and boy does the SAT know this, so it's their masterful weapon.

  • Why can the SAT permanently suspend or cancel your certificate? Some cases are: if the taxpayer is untraceable, if you don't file three consecutive or six non-consecutive returns, if the details in your tax mailbox are incorrect, etc.

Have you seen that for things that may seem simple you can lose a lot of money? Well, I repeat, if you can't invoice, believe me that you will lose both customers and suppliers.

3. Seizure and Auction of Assets

Last but not least, the seizure and auction of assets is another means by which authorities can make effective the collection of tax credits. If you don't pay on time, the authority can initiate a procedure called “Administrative Enforcement Procedure” (PAE), which basically consists of the fact that the authority will seize enough assets to cover the debt you owe to it. Once all the steps of the procedure have been exhausted, the seized assets will be auctioned off, so the authority will keep the money you owed them and if there is left over, they will be able to give you that remaining.

You have seen that the authorities are not playing around, a very important part of our State is collection; whether for taxes, fines, social security contributions, etc.

But don't worry, it's easy to avoid all these problems, just fulfill your obligations in all the necessary areas, because today I only spoke to you about tax authorities, but there are many others that can make your life look like squares.

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