What way do I have if I am being accused of equated tax fraud?
What way do I have if I am being accused of equated tax fraud? If you consider that you committed the crime of equal tax fraud, surely this article will be of interest to you, to know the alternative solutions and the different outputs to the trial regarding this crime, it is important to know what it consists of
1. Where do we find it?
This crime can be found in article 109 of the Federal Tax Code, and is punished with the same penalties as generic tax fraud.
2. How does the crime of equal tax fraud proceed?
According to the first section of article 92 of the same code, this crime proceeds at the moment the Ministry of Finance and Public Credit files the complaint.
3. Is it a crime that warrants preventive detention?
If it is a crime that warrants preventive detention as long as the amount is greater than $ 8,695,470.00 and they are exclusively qualified in accordance with the provisions of article 108, subsection A to H of the Federal Tax Code, and if it is a fiscal year as of January 2020.
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In the event that the aforementioned assumptions do not occur, preventive detention will not proceed.
4. Does the reparation agreement proceed?
The reparatory agreement will proceed as long as the assumptions of paragraph 7, section II of article 167 of the National Code of Criminal Procedures are not met, that is, that it does not exceed $ 8,695,470.00 or that it is qualified.
The reparatory agreement will also proceed if it exceeds $ 8,695,470.00 while dealing with fiscal years carried out before January 2020.
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5. Is the conditional suspension of the process appropriate?
If the conditional suspension proceeds as long as it is the first section of article 108 of the Federal Tax Code (when the amount of the defrauded does not exceed $ 1,932,330.00), in the other cases that the code establishes, it will not proceed.
6. Is there any way out other than the trial if I am being accused of equal tax fraud?
Yes, there is a different solution to the trial which is established in article 92 of the Federal Tax Code, mentioning that before the public prosecutor and legal adviser formulate the closing allegations, it can be dismissed at the request of the Secretary of Finance and Public Credit, as long as the defendants pay the contributions originated by the imputed facts, the sanctions and the respective surcharges or the tax credits are guaranteed to the satisfaction of the Secretariat.
What way do I have if I am being accused of equated tax fraud?
It is for this that you must analyze each of the questions previously asked.
The Mexican criminal process explained in English
