Home Feature SAT wins big in lawsuits against taxpayers

SAT wins big in lawsuits against taxpayers

by Yucatan Times
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The Tax Administration Service (SAT) of the “Fourth Transformation” of Lopez Obrador, showed a strong muscle in these first months of the year, going against taxpayers who decided to face them on tax trials. According to the public finance report of the third quarter of 2019 of the Secretariat of Finance and Public Credit (SHCP), the legal team came out victorious in 8,626 final judgments, that is 49.4% of all trialed cases.

Although they won less than half of the lawsuits, they won the ones that represented the largest amounts, because of the $128,82 billion pesos that were at stake $87,363 billion were pocketed by SAT, representing 68%.

On the other hand, the 7,217 lawsuits that taxpayers won against the SAT represented $37,939 billion pesos.

The Treasury report shows that the tax collecting body won in the first instance (those filed before the Federal Court of Administrative Justice) 8,187 cases, representing 106,658 billion pesos. In that phase lost 7,53 cases, that represented $34,712 billion pesos.

In the second instance (in collegiate courts of circuit dependent on the Supreme Court of Justice of the Nation) 3,977 cases were tried, that added to the reserves $63,602 billion pesos, against $1,589 lost.

Operating cost

The balance of the duels between the SAT and the taxpayers gave a victory to the Treasury which, according to experts, increasingly has lawyers more prepared to face the trials.

The data shows that the amount generated by the trials won, in first and second instance, yielded $170,259 billion pesos in favor of the institution. The operating cost, which includes salaries, expenses related to real estate and other assets inherent to the contentious function was $184 million pesos.

Measured in terms of productivity, i.e., the average profit for each peso invested in the operation of the litigation was $926 million pesos.

In the tried cases of the IMSS, the results were very different from those of the SAT. The institute faced 7,161 cases during the first nine months of the year, of which it won 3,201 that allowed it to raise $1,645 billion pesos. However, those who fought against the IMSS and were victorious in this stretch of 2019 were 3,960 representing an amount of $2,324 billion. The operative cost of the fiscal lawsuits of the health institute, was of approximately 21 million pesos.

Beneficiaries of the tax system

The Tax Administration Service (SAT) provided Fundar, an Analysis and Research Center, with information on individuals and companies that had their tax debts pardoned between January 1, 2007 and May 4, 2015.

The information involves 7,885 people and companies that, in total, received benefits of $172,335 billion pesos. Almost a quarter of resources are concentrated in only 10 beneficiaries.

In the list given to Fundar, an analysis and research centre, they stand out, among others:

  • Alberto Aguilera Valadez (aka) Juan Gabriel/Singer (+) – $121 millones de pesos
  • Paulina Rubio/Singer – 23 millones de pesos
  • Citlali Ibáñez Camacho (aka) Yeidckol Polevnsky – politician from MORENA (AMLO´s party) – $16 millones de pesos
  • Marco Antonio Solís – Cantante – $15 millones de pesos
  • Juan Ramón Collado Attorney at law – $12 millones de pesos
  • José Rómulo Ortiz – José José (+) – $10 millones de pesos
  • Club deportivo de futbol Chivas de Guadalajara – $10 millones de pesos
  • Diego Fernández de Cevallos – Attorney at law – $8 millones de pesos

 

The Yucatan Times
Newsroom

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