What are the penalties for incorrectly issued invoices before the Mexican Tax Authorities (SAT)?
Specialists explain the cases in which the Mexican Tax Administration (SAT) imposes fines to the taxpayer for incorrectly issued invoices, such as the lack of complements.
As of the entry into force of the Miscelánea Fiscal 2022, the Tax Administration Service (SAT) may impose fines for improperly issued invoices, in which cases they may apply the penalties and what the taxpayer can do, a specialist explains. The "Comprobante Fiscal Digital por Internet" (CFDI) also known as electronic invoices must have some of the complements to avoid fines. In this regard, the president of the Finance Commission of the Mexican Association of Public Accountants (AMCP) explained what they are and how they should be filled out.
What are the most common fines for invoices issued before the SAT?
Specialists explained which are the cases in which the SAT imposes fines for incorrectly issued invoices, ranging from complements, cancellations out of time, even if the invoice is for someone who appears in the black list of the SAT.
Lack of complements
"When a receipt is issued that does not contemplate any of the more than 25 complements established by the Miscellaneous that the CFDI must include, they are going to be subject to fines of 400 to 600 pesos for each receipt that does not contain that compliment," explained Miguel Angel Suarez, president of the Finance Commission of AMCP.
"Most taxpayers should at least issue some voucher with a compliment, a very common one is the payroll voucher, when we pay salary to the workers there is a payroll complement that includes all the information of the workers, there are many complements, some are much more recurrent", explained the specialist.
Cancellation out of a time of the CFDI
If a "Comprobante Fiscal Digital por Internet" is canceled out of time, the fines could be from five to 10% of the amount of each invoice".
"If a voucher is issued to cover an income obtained this year, the maximum term I have to cancel it is the last day of the year, unless the provisions establish a shorter term, and it happens that there is a shorter-term for those taxpayers who are currently taxed in the simplified trust regime, they have a term of one month only to cancel the voucher they issue", commented Miguel Angel Suarez, from the AMCP.
Taxpayer appears on SAT's black list
The SAT will also impose fines ranging from 55 to 75% of the amount of each invoice to those who have a CFDI issued by a taxpayer that appears on the "SAT" black list, this black list is made up of taxpayers that according to the authority may be simulating tax operations.
If the taxpayer wants to know the SAT's black list, he/she can do it through the SAT's web page, in the option "other procedures and services" and then "publications of the article "69b".
If any invoice was issued with the taxpayers on this list, they have 30 days to make the corresponding clarification, "if the clarification is not carried out or was not sufficient, the tax provision establishes that I should not give effect to that invoice and if it was given effect, this sanction operates", explained the specialist.
Other penalties for invoices before the SAT
In addition to these fines, there are also others, for example, for those who do not update their economic activity in the concepts that appear in the CFDI, they can be subject to a fine ranging from 4,800 to 9,000 pesos, so it is recommended to approach a specialist to receive guidance and avoid problems.