Fiscal Credit Determinant
A Fiscal Credit Determinant is a document issued by the authority to inform the taxpayer about the obligation to pay said credit. Which happens due to the following:
Once the obligation to contribute arises or is caused, and the payment is not made, it is essential to know the rules according to which the authority or said taxpayer must determine in a liquid amount, the amount paid by the taxpayer, that is, the Fiscal Credit. This procedure is known in legal jargon as: “Determinant of the tax liability”.
Although the tax legislation does not regulate it, in the present analysis we can identify three moments, namely.
1) The cause, which occurs when doing the activities or situations encumbered by law (ISR, VAT, etc.);
2) The determination, which consists of the indication that the action or conduct carried out, falls within the assumption provided by law; and
3) The settlement consists of the operation of the corresponding mathematical calculations to obtain the contribution amount to be paid, that is, the Fiscal Credit and the time to pay the respective contribution.
By determination we must understand the legal logical reasoning used by the authority, to specify whether or not the conduct carried out is based on the assumption provided by law, as producer of the tax obligation, so that in turn the settlement procedure is applied established by the corresponding tax law, and prior to the corresponding mathematical operations, obtain the amount to be paid from the liquid amount, that is, the Fiscal Credit paid by the taxpayer.
The determination of the tax obligation can be made:
- By the taxpayer. In our tax system, the principle of SELF-DETERMINATION OF CONTRIBUTIONS prevails, that is, that by an explicit provision of the law, it is in principle the taxpayer, the one who has to determine and settle the amount of the contribution charged, following the article 6 of the Fiscal Code of the Federation.
- If by an explicit provision of the law, the authority has to determine the tax contributions, taxpayers must provide the necessary information within fifteen days following the date of their causation.
- The settlement means carrying out the mathematical operations to specify the amount of the corresponding contribution, this must be done in national currency, according to the regulations in force at the time of its causation.
- This way, it is extremely important to point out that facing any problem of this kind; proper legal advice should be available, as the consequences could be quite unpleasant for the taxpayer.