The Federal Court of Administrative Justice (TFJA) ruled that TV Azteca, owned by Ricardo Salinas Pliego, must pay the Tax Administration Service (SAT) 2,615 million 750,000 pesos for Income Tax (ISR), fines and surcharges corresponding to the fiscal year 2013.
According to magistrate Carlos Chaurand Arzate, the television station failed to comply with the provisions of article 32, section 17 of the ISR Law by losing sight of the fact that “losses from the sale of shares can only be reduced up to the amount of profits.”
The foregoing, according to Chaurand Arzate, is because the amount of TV Azteca’s profits was lower than the amount of losses deducted in previous years, for which the television station was obliged to correct the losses.
“… I feel that in the present case, the amount of profits received in 2013 is less than the amount of losses deducted in previous years, for which it is obliged to reverse the tax losses for not complying with the requirement established in the reference number”, he explained.
AMLO seeks to negotiate with Salinas Pliego
On August 8, the president of Mexico, Andrés Manuel López Obrador, made a call to Salinas Pliego to pay the debts that TV Azteca has with the SAT.
In addition, this Thursday he indicated that he will seek an agreement with the businessman regarding the resolution of the TFJA.
“Everyone, everyone, everyone, we all have to fulfill our responsibility, what is fair. In the case of Ricardo Salinas, a review is being carried out. What is sought is an agreement in accordance with the law and there is will on the part of the company that Salinas directs.”
In April of this year, the TFJA had already resolved that the company owned by Salinas Pliego had to pay 2,447 million pesos to the SAT for Income Tax, fines and surcharges.
On April 1, 2016, the SAT issued the determining resolution, in which it established a tax credit payable by TV Azteca for more than 2,000 million pesos for omitted updated ISR contributions, surcharges and fine with respect to the 2009 fiscal year.
In May 2017, Ricardo Salinas Pliego’s company filed an appeal for revocation against the resolution, seven months after the issuance of the amparo it was resolved that the appealed resolution was confirmed.