VIII-P-2aS-383
INCOME TAX LAW. IN ORDER FOR THE DEDUCTION FOR ACCRUED INTEREST TO BE APPLICABLE, THE PAYMENTS THAT PRODUCED IT MUST BE PROVEN. Article 29, section IX, of the Income tax Law, in force in 2007, indicates that the interest accrued in the year will be deductible, however, in order for this be applicable it is essential to comply with the requirements established in article 31, section III, of the referred legislation, according to which the authorized deductions must be covered with documentation that meets the requirements of the tax provisions and that payments in an amount exceeding $2,000.00 are made by means of the taxpayer´s nominative check, credit card, debit or service card, or through the electronic payment cards authorized for such purpose by the Tax Administrative Service. Thus, in order for the deduction of accrued interest be applicable, it must be reliably proven that the payment that motivates the deduction was made and not only prove that the obligation on the part of the debtor was agreed upon, given that this does not demonstrate the entire amount of any amount or the patrimonial modification that justifies the deduction.
Contentious Administrative Proceeding No. 27031/15-17-01-2/ 2786/16-S2-09-04.- Resolved by the Second Section of the Superior Chamber of the Federal Court of Administrative Justice, in session of October 16, 2018, by unanimity of 5 votes in favor – Reporting Judge: Alfredo Salgado Loyo – Secretary: Lic. Enrique Camarena Huezca. (Thesis approved in session of November 8, 2018)
R.T.F.J.A. Eighth Era. Year III. No. 29. December 2018. p. 243