He Tax Administration Service (SAT) It has a rigorous financial objective; It is designed to supervise that the taxpayer’s tax return is consistent with their expenses and income. However, What happens when it doesn’t?
In the event that an expense exceeds what the taxpayer declares as income, they would enter a situation called “tax discrepancy”, regulated in article 91 of the Income Tax Law (ISR). Which has as a consequence everything from administrative sanctions to legal problems such as tax fraud.
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According to the digital medium MiBolsillo Mexico, he SAT uses various sources of information such as files, databases and third-party reports to determine the fiscal inconsistency between expenses, deposits, acquisitions and credit card payments of the individual with the excess income reported.
He Tax Administration Service will notify in writing and in detail:
- The amount of expenses detected.
- The methods and information used to calculate them.
- The way in which the inconsistency was established.
- The taxpayer has 20 days to respond with evidence that refutes the accusation, such as proof of income from loans, donations, prizes or extraordinary income.
How to avoid sanctions?
Maintaining rigorous control of personal finances will be essential to avoid falling into any fiscal irregularity before the SAT.
Record extraordinary income well
- If money is received for concepts such as donations, prizes or loans, especially when these exceed 600 thousand annually, it is essential to keep the receipts that justify their origin. Which will serve as backup in case the SAT perform some review of the accounts.
Review your annual declaration
- Before submitting the annual return, be sure to verify the pre-filled information; Check that income, deductions and other data are correct, since any error could be misinterpreted.
Control your banking movements
- Carry out constant monitoring of bank accounts, credit cards and any other financial operations; It is important that the movements coincide with your declared income and that everything is duly justified.
Keep the receipts
- Save all tax receipts, both the income received and the expenses incurred to justify any inconsistency detected.
Risks of ignoring a tax discrepancy
Since 2020, the SAT has strengthened measures to sanction taxpayers who cannot justify tax discrepancies. Failure to attend to these types of situations can lead to serious consequences.among which stand out:
- Cancellation of the digital seal: The digital seal is an essential tool to issue electronic invoices and comply with your tax obligations. If it is canceled due to a tax discrepancy, you will not be able to invoice, which will directly affect your operations and revenue stream.
- Criminal sanctions: The Federal Tax Code considers the tax discrepancy as a type of tax fraud, which is subject to prison sentences ranging from 3 to 6 years, depending on the severity of the case and the amounts involved.
In certain cases, If the taxpayer immediately covers the defrauded amount, the penalties can be reduced by up to 50%. However, it is always preferable to prevent this type of situation.
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