Virginia Guillén Avalosauxiliary worker Pemex and wife of Juan Carlos Guerrero Rojas gas station businessman and close to the PRD in Tabasco, could face from his discharge and disqualification from public service up to 9 years in prison for the crime of tax fraud for not having declared all their assets and properties before the Tax Administration Service (SAT), as well as the way in which they were obtained.
THE UNIVERSAL announced this April 7 that the host of the XV Years millionaires party that shook the public opinion in Tabasco He has acquired houses, land and a BMW truck with cash payment, earning just 38 thousand pesos a month as a technical assistant B at Pemex, but he forgot to report what happened to the assets in his last declaration before the tax authority.
After Pemex reported that it filed a complaint with the Responsibilities Unit of the Anti-Corruption and Good Government Secretariat against Virginia Guillén Ávalos, the president Claudia Sheinbaum He stated that before talking about sanctions, the investigation of the Internal Control Bodyto prevent injustice from being committed.
“The investigation has to be done, the person who has to determine it is not the director of Pemex but the Anti-Corruption and Good Government Secretariat and the Internal Control Body itself (…) the instruction that everyone has, but particularly Raquel Buenrostro, is that the investigations be carried out first and see what proceeds,” the president said this morning.
Read also Fracking in Mexico?; Sheinbaum proposes scientific review of new gas extraction technologies
In interview with THE UNIVERSALthe master tax specialist and public accountant Mauricio Trahynmember of Bar Associationspecified that the most immediate sanction to which a public servant may be exposed for these irregularities could be a suspension without pay for 30 days, up to dismissal from their current position and disqualification from public service for up to 20 years, according to the type of offense found by the Anti-Corruption and Good Government Secretariat in its investigation.
According to the specialist, for either of the two scenarios to exist, the administrative misconduct of the public servant must be well classified and justified, with criteria attached to article 60 of the General Law of Administrative Responsibilities.
“When there are this type of omitted declarations, where there may be a conflict of interest, this is where the Internal Control Body would have to carry out the investigations. Remember that every year, on May 30, the declaration is presented (for public servants) and if a person did not declare, according to their assets or hid information, then here comes a case of corruption that opens an investigation,” said the specialist.
Another case is the statement before the SATto which all people who receive remuneration of any type are obliged. According to thematic information sheets available on the Tax Administration Service website, if you lie or omit information in your annual declaration, you may be subject to fines ranging from 2,000 to 50,000 pesos.
If irregularities greater than the omission are recognized, the SAT could even restrict the use of the e.signature (before FAITHFUL) and cancel their tax stamps, which prevents invoices from being issued, which could practically paralyze the economic activity of any service provider.
Due to multiple irregularities, the SAT can open criminal investigations to determine the true value and total amount of a person’s assets. If they are not paying the real taxes on what they say they own, that could constitute the crime of tax fraudwhich is punishable by from 3 months to 9 years in prison, depending on the amount defrauded.
“In the case of SAT You then have to declare where this income is coming from that allows you to have that standard of living that you presume. In the case of being a public servant, yes you can provide private services, but you are limited to them being of the type that you provide for the government, there are limits to diversifying,” he commented. Mauricio Trahyn.
In the case of marriages, the deposits that a spouse makes to you are not taxable, but an investigation can be initiated against the couple to investigate where they obtain that income and there it would be determined if they have no conflict of interest.
“Before the SAT you always have to demonstrate how you obtain these resources and you can say, it is valid: ‘They are donations from my husband’ and in accordance with article 93 of the Income Tax Law are exempt; But the investigation can reach the spouse: where does he or she obtain the income that allows him or her to transfer or donate those amounts.”
Join our channel EL UNIVERSAL is now on Whatsapp! From your mobile device, find out about the most relevant news of the day, opinion articles, entertainment, trends and more.
em/apr
