Chihuahua.- As the pretrial detention for tax fraud is proposed, evading one peso from the treasury would be enough for any taxpayer to fall into this situation, which is very delicate, said public accountant Guillermo Flores Reza.
He pointed out that amounts and totals should be regulated in the secondary laws, since if the bill is approved as presented, the authority is given the power to determine who to accuse of tax fraud for any amount.
“That is the serious thing, they are no longer going to look for those who evaded large amounts, but rather small amounts, so any person through ignorance or omission can be subject to falling into this crime, which is why it is delicate for this provision to move forward,” he said.
He added that this treats unequals equally and can lead to imprisonment of a person who evaded one peso or millions of pesos, when the offense to the treasury is not the same.
The tricky thing, he mentioned, is that while it is determined whether or not there is tax fraud, the taxpayer goes to prison.
“First you hit me on the head and then I apologize. This is the direction of the reform, which is why it is not acceptable at all on the part of the private sector, since they are overstepping their boundaries in the modifications to Article 19 of the Political Constitution,” he said.
He said there is a high probability that the reform will be successful due to the structure of the next federal legislature.
If approved, secondary laws are expected to include classifications so that unequals are not treated equally, which is a constitutional principle, he reiterated.
He explained that a person who evades taxes by one peso will not have the financial capacity to hire a lawyer to defend him, “we feel that we are in a state of defenselessness,” he lamented.
The Constitutional Affairs Committee of the Chamber of Deputies approved last Tuesday the ruling that modifies Article 19 of the Constitution to expand the catalogue of crimes that merit pretrial detention.
The ruling proposes incorporating extortion, drug dealing, illegal activities related to fentanyl and other synthetic drugs, as well as tax evasion and the purchase or acquisition of tax receipts, as crimes that merit this precautionary measure.
The reform will be submitted to the Plenary Session in September when the LXVI Legislature is installed.
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