The evolution of Mexican law, is based primarily on the fact RIEF
of closing options to individuals. Since we can remember,
specialist technical creativity has given birth tax schemes or figures which allow the circumvention
the tax burden.
20 years ago, lawyers and accountants began to specialize in tax matters
causing a culture of research and deep study of the rules
legal and accounting. And with the advent of communications technology, knowledge
was spreading to new generations and other levels.
Today, just join one of the thousands of courses taught at the National
to have a cookbook of schemes, strategies or figures, that seems
optimize the tax burden, unfortunately, not
all times under the sieve of the law.
has emerged a generation of "sellers" of strategies, that in exchange for a percentage of "the service" will provide juicy "savings" to
business, including ensuring that they run with any kind of risk that can be generated in case of "strategy" fails. They are so versatile
offered to sign any document that guarantees that before an event before the taxpayer can take either view, process, or even jail.
ruthless in that sale recipes and diagrams, has lost all sensitivity and even
business reason.
interpretations are given to the tax rules inadequate or failing, so aggressive that border on the absurd
, misapplied the basic rules of our beautiful language,
Castilian. The problem is that it has lost the independence of mind that we have
professionally, meeting the basic rules of ethics
. How will there be a clear interpretation, clear,
trends of a rule, when we face the possibility of charging
amounts of fees in exchange for millions of circumventing a comma, colon
or any requirement or condition of the statute under consideration?.
Article 2180, the federal civil code, states:
"It simulated the act on which the parties declare or confess falsely
which in reality has not been or has not been agreed between them. "
How often recommended by" consultants "which is billed as or that amount of a
company to another, adjusting service concepts, we really were not?.
For the purpose of the Code itself states in its Article 2181, the modalities of simulation events:
a) Absolute: When the act has nothing simulated real
b) Relative: It when an act is given a false appearance
Later in Article 2183, states that: "You can request the nullity of the
simulated acts, the third hit by the simulation, or the Department of Public
when it was committed in violation of the law or prejudice the
Treasury.
view, it is extremely important that you be examined by a specialist lawyer or
confidence, any " strategy "or" scheme "
you offer to bring down the tax burden, since in most cases, your
technical support is extremely weak to the point that while not simulation
can bring irreversible consequences to not be attached to the right.
Article 109 of the Federal Tax Code defines the crime of tax evasion
as follows:
"The crime of tax evasion who with the use of deception or exploitation of
errors, skip all or part of the payment of any tax or obtain an undue advantage
to the detriment of the federal treasury.
While it is true that some lawyers say it is very difficult for the authority to set the course
simulation or tax evasion by the subjectivity
involved, it is important that you know that these crimes are punished heavily
to jail. That's the raw
never going to tell the person who will "sell" strategy
is not forbidden you to optimize their resources properly applying laws
. What it is and what is its consequent risk is that you leave
deceive, for example from their staff (payroll) to another foreign company (the famous OUTSOURCING), knowing that they will reduce the base salary
contribution to their employees to pay less social security contributions and infonavit, applying
"interpretations" of laws, the wrong way or very aggressive in court
surely unlikely to be successful. What
not regularly told, is the clear responsibility solidarity that precise, Article 15-A
of the Social Security Act, recently renovated, indicating
"When hiring workers a pattern, so running
work or services for him, involving a labor broker,
whatever name that pattern and intermediaries take, both jointly liable
each other and in relation to the worker,
respect obligations contained in this Act "
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