Conclusive Agreement for Request for Refund.
In this article we will talk about the appropriateness of requesting a conclusive agreement when the tax authorities have initiated verification powers arising from a request for refund of balance in favour by the taxpayer.
First and foremost, we must know that it is a tax review and a conclusive agreement, the former being the power of the tax authorities to verify compliance with the obligations that are generated as taxpayers.
A conclusive agreement should be understood as the one that the taxpayer can request from the Attorney General’s Office as an ALTERNATIVE MEANS OF RESOLVING DISAGREEMENTS to clarify or settle the differences that are had with the auditors or visitors are carrying out the verification powers that the Federal Tax Code assigns to them for the review of income, deductions or any other matter relating to the fulfilment of the taxpayer’s tax obligations.
In other words, a conclusive agreement is the one that is generated between the taxpayer and the tax authority to constitute a final resolution to the conflict generated within the tax audit or review.
However, it is clear from article 22 of the Federal Tax Code that when taxpayers apply to the tax authorities for a refund of the amounts unduly paid and those that are due under the tax laws, the authority may initiate verification powers in order to prove the appropriateness of the authority, which shall be carried out by means of the procedure established within sections II or III of article 42 of the Federal Tax Code, ACCOUNTING REVIEW AND HOME VISITS.
In this sense, we can clearly determine that the Law establishes that concluding agreements can be requested only when the taxpayer is the subject of a home visit; a cabinet review; of the review of opinions by public accountant; and upon application for repayment of the undue amount, where the tax authority initiates the power of verification to establish the appropriateness of the application for repayment of the amounts unduly paid as well as those that are appropriate under the tax laws
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