Download our Tax Alert in PDF: Alert – IMMEX Tax Forum
Last Tuesday, the National Council of the Export Manufacturing and Maquiladora Industry, Index, organized the 1st National Tax Forum of the Export Manufacturing Industry.
Ms. Myrna Aguilar, of the Transfer Pricing area of the Tax Administration Service (SAT), said that SAT has APA applications corresponding to the period from 2013 to 2017 that are still pending resolution. She suggested that taxpayers can apply the alternate procedure known as Fast Track and approach SAT to dissipate doubts.
Mrs. Aguilar considered that SAT must analyze and resolve each particular case, respecting the right that taxpayers have to request an individual resolution regarding transfer pricing and not oblige taxpayers to apply a procedure that may give them a theoretical profit margin higher than what they actually get in their operation.
On the other hand, she indicated that next October SAT will meet with the Internal Revenue Service (IRS) of the United States in order to analyze the possibility of continuing with the Fast Track procedure for the years from 2018 to 2022.
In the forum, the different problems regarding the delay of VAT tax returns in the manufacturing sector were exposed, for example, the excessive information requirements issued by the tax authority, the breach of deadlines for returning VAT favorable balances for certified companies and the different criteria applied by the authority to deny applications. In this regard, Mr. Luis Balderas, Director of the Area of Complaints of PRODECON (Tax Ombudsman), suggested using the procedure called “Complaint” (Queja) to try to expedite the resolutions of the tax return applications filed by the taxpayers.
On this point, he believes that taxpayer should initiate and exhaust the Complaint procedure before PRODECON when the taxpayer believes that his tax rights were violated before using one of the traditional legal remedies, e.g. Revocation Remedy or administrative lawsuits, which have the disadvantage that they take more time than the Complaint.