The Tax Administration Service (SAT) has achieved a relevant judicial victory against Grupo Elektra, by Ricardo Salinas Pliegofor Income Tax (ISR) debts for the fiscal year 2008.
The 18th collegiate Court in Administrative Matters of the First Circuit rejected the protection presented by the company, forcing it to pay a debt that amounts to nearly 2 thousand 11 million pesos.
This amount, increased by charges and updates, represents only 3% of the total tax obligations that Pliego companies have with the Mexican treasury. In April, President Andrés Manuel López Obrador reported that Grupo Salinas owes more than 63 billion pesos to the treasury, a figure updated to 2024.
The controversy over the 2008 ISR began with an original debt of 1,431,466,606 pesos, a figure reported in the latest annual report of Grupo Elektra.
The company tried to justify the non-liquidation of these taxes by alleging losses from the sale of shares, but these arguments were rejected by both the Federal Court of Administrative Justice in the first instance and by the 18th Collegiate Court in the second instance.
Grupo Elektra still has the possibility of taking the case to the Supreme Court of Justice of the Nation, chaired by Norma Piña, in an attempt to reverse the resolution. However, the picture is complicated due to the consistency of previous rulings in favor of the SAT.
Background
In addition to the 2008 case, Grupo Elektra faces other tax litigation. In its 2023 annual report, the company declared that it was involved in disputes for a total of 28,332,847,104 pesos in taxes corresponding to the fiscal years of 2006, 2008, 2010, 2011, 2012, 2013 and 2014.
These figures do not include accrued interest and fees, underscoring the magnitude of the company’s outstanding obligations.
The recent victory of the SAT strengthens its position in the fight against tax evasion and highlights the importance of judicial resolutions in the management of significant tax debts.
As Grupo Elektra evaluates its next legal steps, this ruling marks a crucial precedent in the relationship between large corporations and the tax authority in Mexico.
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