“The SAT froze the KCSM account in Mexico without any requirement of payment of the 2014 Audit Assessment, nor a notification of the freeze”, reported the company in its report for the second quarter of the year presented to the Securities and Exchange Commission (SEC, for its acronym in English) of the United States. Joined. Therefore, the company obtained an order to lift the freeze, prior to meeting other requirements.
“The company filed an amparo lawsuit challenging the legality of the freezing of bank accounts. The court issued a permanent injunction asking the SAT to remove the freezesubject to KCSM presenting a performance bond or other guarantee if the SAT shows that there is a tax liability,” the document adds.
KCSM also filed an appeal on July 7 against the 2014 assessment auditas a result of being notified of the audit by the SAT through the tax mailbox, against which she had protected herself in 2015 with an appeal that, she assures, is maintained to date.
The company has not had nor does it anticipate an impact on cash flows or operations from KCSM. In addition, the company assured that an eventual payment of a bond to the SAT or another type of guarantee “would not be an agreement or a concession with respect to the 2014 evaluation audit.”
“The company believes that it has strong legal arguments in its favor, and it is very likely that any challenge to the assessments will prevail. [del SAT]”, the company said.
Expansion contacted KCSM’s communications department, which did not immediately offer comment on the matter.
KCSM joins the list of Big contributors that have been under the scrutiny of the SAT practically since 2019, which has audited the fiscal years of previous years.
Among the collections that the tax authority has closed in recent years, that of Femsawhich made a payment of 8.97 billion pesos in May 2020. In the same month, Walmart negotiated a payment of 8,000 million pesos, and by August of that year, Model group made an additional payment of 2,000 million pesos.
The most recent case has been that of the restaurant operator Alseawho remains in a court battle against an additional payment of 3,881 million pesos that the SAT requests as part of the purchase of the chain vips a Walmartan operation that was closed in 2014.
Although the SAT had seized some bank accounts of Alsea As part of this process, on July 8, it reported the lifting of this measure as a result of a resolution of the Federal Court of Administrative Justice (TFJA).