SAT BC’s embargo procedure is described as “flawed”

SAT BC’s embargo procedure is described as “flawed”
SAT BC’s embargo procedure is described as “flawed”

LAfter the business called Saldos Koko was closed by the Tax Administration System (SAT) in Baja California, Mr. Oscar Rodolfo Barreda Millán, general director of ASSERTA Tax and Customs Litigation, said that the authority’s procedure was totally arbitrary and flawed from the start.

“The actions of the state government, particularly the Directorate of Foreign Trade, to review the legal presence and possession in national territory of the goods described and contained in said pallets are regrettable,” he said.

The lawyer indicated that the purpose of these visits is to review the legal presence and possession of foreign trade goods, where the inspectors had to identify themselves, and each one had to be indicated in the order, as authorized to carry out the procedure.

“That was the first violation. Secondly, no inventory was kept and no one should have been allowed into the home, while the intervention of the state police, while it may help to safeguard the security of both the taxpayer and the authorities, their actions were a total violation of the administrative procedure, because they do not even have the authority to seize or safeguard merchandise,” he noted.

Mr. Oscar Rodolfo Barrera considered that, in this case, the owner of the balances should have allowed the authority to act and, if necessary, proceed to seize the goods so that everything would be recorded in the minutes, and subsequently, these could be claimed.

“However, since certain goods were squandered and given away to third parties during the proceedings, there was no legal record of their existence, so that, if the owner were to challenge the illegal actions of the authority before the courts, the latter, when issuing a sentence and declaring the nullity of the act, will not be able to return the goods that have not been recorded as seized in the records,” he explained.

On the other hand, if there was no possibility of proving legal residence through petitions, he said, there are other legal elements for violations to be able to challenge the entire procedure, at the time of issuing a resolution.

The recommendation, the lawyer stressed, is that the client seeks proper tax defense with experts in customs matters, who can support him and handle his procedure so that he can challenge the resolution that determines the tax credit, and order that the inventoried goods be returned.

“We also have to denounce the state government so that federal or state administrative responsibilities can be established, since they acted as a federal authority,” he concluded. N

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