The penalty of 9 years behind bars to transnationals that do not pay taxes

Transnational corporations that fail to comply with their tax obligations will be subject to criminal prosecution for a fiscal offense, with a penalty of up to nine years in prison, the Federal Prosecutor's Office (PFF) warned.

The agency under the Ministry of Finance and Public Credit (SHCP) reported that the federal government recognizes the multiple benefits that digital services have on the economy as a whole, because of its positive effects on productivity, competitiveness, as well as on the prices and the quality of the services offered to consumers.

Thus, he added in a statement, the SHCP acknowledges the digital platforms that participated in the announcement of collaboration to fulfill their tax obligations (Uber, Cabify, Bolt, Beat, Cornershop, Rappi, No Apron, and Uber Eats).

It is worth remembering that on May 20, these platforms were added to the initiative to withhold taxes from its drivers and delivery partners, which were not interested in joining the transport service company Didi and the delivery of food Postmates.

"The Federal Prosecutor's Office urges transnational corporations to comply with the constitutional mandate to contribute to the expenditure of public expenditure, established in Article 31, section IV, of the Federal Constitution."

This, he added, since, although these companies have tax domiciles outside the country, this does not exempt them from the payment of certainly generated contributions.

On the one hand, he pointed out, the Income Tax (ISR), whose payment is required by taxpayers resident in the country, as well as residents abroad who have income from sources of wealth located in the national territory.

On the other hand, the Value Added Tax (VAT), which must be retained by tax or moral persons who acquire assets or use or temporarily enjoy them, who alienates or grant foreign residents without a permanent establishment in the country, he added.

"Therefore, the Fiscal Officer of the Federation of the SHCP will be awaiting the fulfillment of the fiscal obligations, both of the companies that yesterday have adhered to the fulfillment of their financial obligations, as well as of those that are not in this case "

He stressed that the consequence in the breach of a tax obligation by a taxpayer, with residence abroad, would not exempt it from being subject to a criminal proceeding for a fiscal offense, such as that of Fiscal Fraud or Equitable Tax Defraudation. For which a penalty of up to nine years in prison plus the obligation to cover the amount of the defrauded, including updates and surcharges, he warned.