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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 44: HOW TO CONDUCT A HOME VISIT

     

    In cases of visiting the fiscal address (CFF: Art. 10), the tax authorities, those visited, those responsible for solidarity and third parties will be as follows:

  • The visit will take place at the place or places indicated in the visit order.

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  • If, when the visitors appear at the place where the proceeding is to be carried out, the visitor or its representative is not present, they will leave a summons with the person who is in that place so that the mentioned visitor or its representative will wait for them at the determined time of the following day to receive the visit order; If they do not, the visit will begin with whoever is in the visited place.

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    If the taxpayer submits a notice of change of address, after receiving the summons, the visit may be carried out at the new address indicated by the taxpayer and in the previous one, when the visitor conserves the premises of the latter, without requiring a new order or extension of the visit order, stating such facts in the acts they draw up, unless in the previous address one of the assumptions established in article 10 of this Code is verified (CFF: Art. 10), in which case the visit will continue at the previous address.

     

    When there is a danger that the visitor is absent or can perform maneuvers to prevent the beginning or development of the procedure, the visitors may proceed to the accounting assurance.

     

    In the cases in which the visitors present themselves to the place where the proceeding should be practiced, they discover goods or merchandise whose import, possession, production, exploitation, capture, or transport must be manifested to the tax authorities or authorized by them, without having in compliance with the respective obligation, the visitors will proceed to insure said goods or merchandise.

     

  • At the beginning of the visit at the fiscal address, the visitors who intervene must identified themselves before the person with whom the proceeding is understood, requiring it to designate two witnesses, if they are not designated or the designated ones do not accept to serve as such, the visitors will designate them, stating this situation in the acts they cause, without this circumstance invalidating the results of the visit.

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    Witnesses may be substituted at any time for not appearing at the place where the visit is taking place, for absent before the end of the proceeding or for expressing its willingness to stop being a witness, in such circumstances the person with which the visit is understood, must immediately designate others and, given their refusal or impediment of the designated ones, the visitors may designate those who should replace them. The replacement of witnesses does not invalidate the results of the visit.

     

  • The tax authorities may request the assistance of other competent tax authorities, to continue a visit initiated by them notifying the visitor of the replacement of authority and visitors. They may also ask them to practice other visits to verify facts related to the one they are practicing.