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Tax remission is eliminated

The Decree became effective the day after its publication, i.e. May 21, 2019, and will be in force until 2024.

On May 20, 2019, the “Decree whereby the Decrees and various general provisions issued in terms of Article 39, Section I of the Federal Fiscal Code, by virtue of which tax debts were remitted, were published in the evening version of the Official Gazette of the Federation (“DOF”)” was published on May 20, 2019.

The Decree became effective the day after its publication, i.e. May 21, 2019, and will be in force until 2024.

The recitals of the Decree state that in the last six years the purpose of this figure has been distorted, in addition to perverting the constitutional mandate that all Mexicans contribute to public spending in a proportional and equitable manner as provided by law.

By means of the Decree, the Decrees or general provisions issued by the Head of the Federal Executive Branch, by means of which tax debtors were granted remissions, with the exception of:

1.- The Decree that grants facilities for the payment of income tax and value added tax, and partially forgives the first of them, caused by persons dedicated to the plastic arts, published in the DOF on October 31, 1994 and its amendments.

2.- The Decree granting tax benefits in housing matters, published in the DOF on January 22, 2015.

The Federal Government undertakes not to grant, by means of Presidential Decrees or any other legal or administrative provision, remissions or to exempt, totally or partially, the payment of taxes and their accessories to large taxpayers and tax debtors. The foregoing shall cease to be applicable only in the following situations or extraordinary cases:

1.- When it is a question of preventing the situation of any place or region of the country, a branch of activity, the production or sale of products, or the performance of a specific activity from being affected.

2.- In the event of catastrophes caused by meteorological phenomena, plagues or epidemics.

It is emphasized that the Decree refers exclusively to the power conferred to the Federal Executive by Article 39, Section I of the Federal Fiscal Code. In this regard, other procedures provided for in other laws that provide for the possibility of remission of taxes are not affected.

Rafael Tena Castro

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