Penalty for Issuing an Electronic Payment Receipt out of Time
As it is pointed out in article 29 of the Federation’s Fiscal Code (FFC), there is an obligation to issue digital tax receipts for the activities that are carried out; likewise, the person who receives said service must request it, complying with the following requirements established in Article 29-A of the FFC, among them:
- The issuer and receiver’s Taxpayer Registration Number;
- Label number;
- Digital stamp;
- Issuing place and date;
- Amount;
- Measure unit;
- Goods or merchandise kind or service description;
- Unit value and
- The total amount entered in number and letter.
Likewise, when the consideration is not paid in a lump sum, a Digital Tax Receipt will be issued for each one of the payments received, which will be called “Supplement for Payments Reception” or “Electronic Payment Receipt”, which must be issued, no later than the tenth calendar day of the month immediately following the corresponding one or the payments received.
In case of doing the above out of the established term, the authorities have created a series of penalties, which are related to the obligation to keep the accounting. These penalties are foreseen in Article 83 of the FFC:
Article 83. Are penalties related to the obligation to keep the accounting, as long as they are discovered in the exercise of verification powers or those provided for, in this Code’s article 22nd, the following:
VII. Not to issue, deliver or make available to the customers the digital tax receipts online of their activities when the fiscal regulations establish it, or to issue them without fulfilling the requirements indicated in the FFC, in its Regulations or in the general rules issued by the Tax Administration Service; not to deliver or make available the printed vouchers, when this is requested by their clients, as well as not to issue the digital tax receipts by Internet that cover the operations carried out with the general public, or, making them available to the fiscal authorities when they require them.
Where the following penalties will be charged:
Federation’s Fiscal Code article 84:
Whoever commits the infractions related to the obligation on keeping the accounting referred in Article 83, the following sanctions will be charged:
- For the fraction VII case, will be the following as the case may be:
- a) From $ 15,280.00 to $ 87,350.00. When re-offend, the tax authorities may, also, in a preventive way close down the taxpayer’s establishment for three to fifteen days period.
- b) From $ 1,330.00 to $ 2,650.00 for taxpayers who pay taxes according to Title IV, Chapter II, and Section II of the Income Tax Law. When re-offend, in addition, the tax authorities may apply a preventive close down.
- c) From $ 13,280.00 to $ 75,890.00 for taxpayers who are authorized to receive deductible donations. When re-offend, the authorization to receive deductible donations will also be revoked.
For all the above and in order to avoid financial penalties, we invite you to check thoroughly and issue the vouchers in a timely manner complying with the requirements established in current tax legislation to avoid possible penalties.
