The immobilization of bank deposits, an action feared by many taxpayers, has become a hot topic in the financial and tax sphere in Mexico. This process of immobilization of bank deposits It implies that bank account holders cannot access their funds up to the amount of their updated tax debts and their accessories.
But how and why Service tax administration (SAT) takes this drastic measure? In Debate, we break down the reasons and options available to taxpayers.
Why are bank deposits frozen?
The immobilization of bank deposits by the Tax Administration Service (SAT) occurs in specific situations:
Tax debts without defense: If a taxpayer has tax debts and did not file a means of defense at the time or if the final resolution was in favor of the SAT, the authority can exercise collection. In this case, it directly requests the commercial banking institutions to immobilize and transfer the resources in the name of the taxpayer, up to the amount of the updated tax debts and their accessories, which include surcharges, fines and execution expenses.
Tax debts with means of defense without guarantee: If you have tax debts subject to some means of defense and you are obliged to guarantee them, but you have not offered any guarantee, the authority may order commercial banking institutions to freeze sufficient deposits to guarantee up to the amount of your updated tax debts and their accessories.
Options to avoid immobilization
If you find yourself in a situation where the SAT is considering freezing your bank deposits, you have options to avoid it. You can request that your deposits not be frozen and instead offer some other type of guarantee. These options include:
Deposit in money or letter of credit: You can make a cash deposit or request a letter of credit issued by an authorized banking institution as collateral.
Pledge or mortgage: Offering assets as pledge or mortgaging properties is a common way to secure tax debts.
Bond granted by authorized institution: Obtaining a bond granted by an authorized institution is another valid option.
Solidarity obligation of third party: If you have a third party who is willing to assume a joint obligation and can demonstrate their suitability and solvency, this is a possible alternative.
But in the administrative proceedings: The SAT may also consider the administrative embargo as collateral.
Securities or credit portfolio: If you are the owner of securities or have a credit portfolio, these can be used as collateral.
SAT notification
The SAT will notify this act through the tax mailbox or in person, as long as it has your email registered or you can be reached at your tax address. Otherwise, the notification is made by stages, which means that it is published in the Official Gazette of the Federation.
It is important to highlight that, in the event of any notification or attempt to freeze bank deposits by the SAT, it is essential to seek legal and tax advice. Understanding your rights and options is essential to making informed decisions and avoiding serious financial consequences.
The immobilization of bank deposits by the SAT is a measure that can significantly impact the financial life of taxpayers.
Knowing the reasons behind this action and the options available to avoid it is essential to maintain a solid financial balance and avoid future complications in meeting your tax obligations.
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