Ecological tax is unconstitutional and illegal: COEL&COEF – El Sol de San Luis

Ecological tax is unconstitutional and illegal: COEL&COEF – El Sol de San Luis
Ecological tax is unconstitutional and illegal: COEL&COEF – El Sol de San Luis

He tax on polluting gas emissions has elements of both illegality and unconstitutionality, lawyers from the firm warned COEL&COEFwho gave an orientation conference at the National Chamber of the Processing Industry (Canacintra).

This Tuesday, the firm of lawyers and accountants from Monterrey, Nuevo León, presented an analysis of the tax that is intended to be collected in San Luis Potosí as of June 10, in which they warned of various elements of illegality and unconstitutionalityFor example, the regulation has not been issued even though there is less than a month left before collection begins, which affects the principle of “legitimate trust” by not giving taxpayers enough time to learn about the regulations.

They pointed out as illegal the tax proportionalitysince a quota of 3 UMAS was determined, which not only is not justified by the law, but is disproportionate, since for example it is five times more than in the State of Mexico despite the fact that they have greater purchasing power there, and in Querétaro, which is the only one higher with a quota of 5 UMAS, a 20% discount was applied from the beginning to companies that verified that they have systems or instruments that reduce gas emissions, and if they obtain verification seals from the State it is reduced. another 30% of your taxable base, in addition to the fact that it is paid annually, not monthly as in San Luis Potosí.

Likewise, for those companies that do not have system to self-determine your emissions, they will have to resort to the Registry of Emissions and Transfer of Pollutants (RETC), which only has annual measurement, so monthly taxes would be higher; They pointed out that even It could happen that a single company is forced to pay the 19 million that was proposed to be collected in the first year of the tax.

There would also be an invasion of powers, since one of the data that companies must report is whether they consume fuel for their monthly operation, so that the authority can have a calculation of the possible pollutants that it emits, thereby invading federal jurisdiction, and of mining activities.

This leads to some companies will be overregulated, while others with foreign capital will not be subject to the tax despite emitting more pollutants, which also generates conditions of inequality; and as had already been mentioned in previous forums, by not contemplating incentives for companies that have processes or instruments to reduce their emissions, it becomes a purely revenue tax.

They stated that given these elements of unconstitutionality and illegality, Obligated subjects may resort to direct protection proceedings in the first 30 days from the entry into force of the tax.so it would be from June 10 to July 22, and the Amparo Law grants another opportunity, which is within 15 days following the day in which the effects of the decree or tax are applied to the company for the first time. , which would be from the moment they register on the taxpayer registry, make their monthly operation certificate, their first declaration or pay for the first time.

Read more from El Sol de San Luis:

Ricardo Solache | The Sun of San Luis

Ricardo Solache | The Sun of San Luis

Juana María Olivo / El Sol de San Luis

 
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