Mexican Senate prepares draconian laws against tax crimes

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Experts warn that the possibility of paying bail would be eliminated.

The legislators of Morena seek that tax fraud, such as the issuance of apocryphal invoices and the creation of ghost companies, be considered within the crimes that are classified as organized crime. Experts pointed out that punishments already exist within the Fiscal Code of the Federation, but with this initiative, they would be more punitive.

Alejandro Armenta Mier, senator from Morena, developed an initiative to reform and add various provisions to the Federal Law against Organized Crime; the National Security Law, and the National Code of Criminal Procedures.

In the draft of this initiative it is “proposed to fight those who agree, criminally, to evade the federal treasury millionaire. Likewise, it seeks to combat the invoicing companies of simulated operations (EFO) and the companies that deduce simulated operations (EDO), as well as any other criminal conduct of economic content “.


When placing the crimes of tax fraud as part of organized crime, these would merit informal pretrial detention.

In the initiative, the senator mentioned that criminals damage and even encourage other taxpayers to commit acts against the tax authority, such as evading the corresponding payment of their taxes through different strategies.

“Organized criminals constitute companies or companies to offer illegal services to other taxpayers, which derive in a market of simulated operations, which are currently one of the most harmful behaviors, which in essence damage the treasury millions of dollars and even endanger the permanence and balance of the Mexican state, by generating instability in the country’s public finances, “he explained.

He affirmed that there are taxpayers who consume the products of organized criminals, such as strategies, advice, documents, false invoices, labor simulation strategies, false reports, among others, with which they decrease or do not pay their taxes in full.

He said that these types of criminals should be prosecuted through a criminal system of exception, through the Federal Law against Organized Crime.

There are risks, they warn

Experts on the subject said that if the initiative was approved, it would be giving more force to the prosecution of the crime. Those who comment can no longer pay bail to be released and in the process may be creditors to preventive detention.

Herbert Bettinger, fiscal expert, said that this initiative could seem repetitive, because there are already punishments for those who make tax fraud within the law, so you must be careful when configuring these changes.

“It is an initiative that manages to make the issue more punitive, but somehow it was planned to punish anyone who committed a tax offense in the Fiscal Code of the Federation. This makes it possible to follow up on other laws that are punitive (…) You can scare all those who commit the crime, “said Manuel Baltazar Mancilla, general director of Mexico Fiscal.

In recent months, Carlos Urzúa, Secretary of Finance and Public Credit, said that tax evasion costs the country about 1 billion pesos a year, about 4% of gross domestic product.

Source: el economista

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