One of the most common requirements that the Tax Administration Service (SAT) makes to taxpayers is when it detects a prosecutor; that is, when the expenses incurred are greater than the reported income.
These discrepancies can occur due to errors, omissions or acts without intent on the part of the taxpayer, but it is important to clarify them if the authority requires it. That is why here we tell you how the SAT detects tax discrepancies, what happens when it makes a request, some examples of tax discrepancies and how to avoid falling into one.
How does the SAT detect the fiscal discrepancy?
One way in which the SAT detects tax discrepancies is if you have expenses on your credit card in a calendar year that are higher than those that you reported to the tax authority in your annual declaration.
The Tax Administration Service is also aware of the bank transactions we carry out, especially if the credit card is paid in cash, once you have made a withdrawal from another account.
The tax authorities may also use any information in their possession, either because it appears in their files, documents or databases, or because it has been provided by a third party or other authority.
What happens if there is a tax discrepancy?
The SAT says that natural persons may be subject to the fiscal discrepancy procedure when it is verified that the amount of the disbursements in a calendar year is greater than the income declared by the taxpayer, or rather than those that would have corresponded to declare.
Likewise, it will notify the taxpayer of the amount of the disbursements detected, the information that was used to know them, the means by which it was obtained and the resulting discrepancy.
Once the official letter referred to in the previous fraction has been notified, the taxpayer will have a period of twenty days to inform the tax authorities in writing, counted from the day following the date of notification, the origin or source of the resources. with which it made the detected expenditures and will offer, where appropriate, the evidence it deems appropriate to prove that the resources do not constitute taxable income.
The tax authorities may, for a single time, require additional information or documentation from the taxpayer.
If the tax discrepancy is accredited, it will be presumed taxable income and the respective liquidation will be formulated, considering as omitted income the amount of the unclarified disbursements
What is tax discrepancy examples?
This discrepancy may be because you lent your card to a family member or friend to purchase an item. Therefore, you must be careful how you handle your plastic.
These types of tax discrepancies are also common when you offer to pay the bill generated in a restaurant using your card. It does not matter that the other diners give you at that moment the money that corresponds to them for their respective consumptions, for the SAT it is you who is paying, which must coincide with the income that you have reported to that authority.
How to avoid falling into fiscal discrepancy?
The most advisable thing is to have a complete record of your expenses and your income so that your accounting is transparent and you can demonstrate it before the SAT in case you are required by a tax discrepancy.
If you have a debit card in whose account you receive your salary, it is not recommended that you withdraw cash to pay your credit card, it is better that you make a transfer between both accounts, since it is usual for taxpayers to receive some requirement from the SAT if -of constantly- you settle the plastic debt with cash.
The tax authorities pay more attention to this type of payment, since they can presume that you did not pay taxes for the receipt of the cash with which you pay the credit.
What happens if I cannot prove income to the SAT?
The authority will determine the amount to pay the excess ISR for that tax discrepancy and an extra fine.
The problem is that the consequences of the tax discrepancy are not only monetary, in some cases the authorities can accuse the person of tax fraud, a serious crime that warrants from three months to nine years in prison.
Believe it or not, in Mexico it is common for the monthly payment of a credit card to be paid with the resources of another similar plastic. Unfortunately, there are people who buy on credit exceeding their real ability to pay, or with the expectation that they will receive extraordinary income.
The same tax authority has already warned that it is a serious mistake to pay a credit card with cash withdrawals made on another credit card, since for the payment of both you must check how you are obtaining your income.
When are deposits not considered income?
When it is shown that said deposit was made as payment for the acquisition of goods or services, or as consideration for the granting of the temporary use or enjoyment of goods or to make financial investments or transfers between taxpayer accounts or to accounts of their spouse, of their ancestors or descendants, in a straight line in the first degree.
What happens with the SAT if I have a credit card?
It is not bad to have a credit card and, in theory, you should not have problems with the SAT if you use it correctly. Therefore, do not pay debts of others or pay restaurant bills only with your plastic, even if others give you their part in cash. It is better to use several cards if a good or service is going to be purchased among several people.
How can I fall into tax discrepancy when using my credit cards?
For example, if next Christmas you and your siblings want to buy a screen or a high-end refrigerator for your mother with your credit card, and everyone -as a family- will contribute a part of the payments, it is better that do it using various plastics. Otherwise, the entire debt will be registered for the SAT individually, encouraging that authority to begin to review more carefully what your true income is.
Another very common mistake is to lend your credit card to people who are not your relatives. Friends, even if they are very obliging when it comes to paying the debt acquired with the plastic, will not have any problem with the SAT, but you will have to explain to them why you pay the card’s monthly payment on time, even though you do not have the enough income to do so.
What are the disbursements? examples
The SAT considers as disbursements those made by any natural person, consisting of expenses, acquisition of goods and deposits in bank accounts, in financial investments or credit cards.
In other words, any monetary expense that you make to pay for goods or services, such as paying with credit cards, bank transfers, investments in Cetes, payment of services, water, electricity, etc., are disbursements.
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