VII-CASR-PA-82
ORIGINAL INVESTMENT PRICE. TO DETERMINE THE TAX BASE FROM SAID AMOUNT IT IS VALID TO CONSIDER THE PRICE PAID FOR THE ADQUISITION OF THE PROPERTY STATED IN A DEED BECAUSE OF A PURCHASE AGREEMENT.- Article 37, of the Income Tax Law, in force 2011, states that the investments can only by deducted from the application, in each exercise, of the maximum percentages authorized by said Law, to the original investment price, with the deductible limitations that, in its case, establishes said legal regulation, and that the original investment price contains, additional to the price of the good, the effectively paid taxes regarding the acquisition or the import of said good with exception of the value added tax, as well as the costs from diverse concepts. Now, the article in discussion does not establishes that the price of the good must correspond to a value already determined, much less that this had been obtained through an appraisal, said differently, the legislator did not link the price in discussion to a specific document; consequently, if the acting party provides, in a contentious proceeding, said instrument brought from a public notary (deed) in which the purchase of a property appears within said instrument and also the amount paid for the acquisition, this amount needs to be considered as a tax base to determine the original investment price.
Contentious Administrative Proceeding No. 405/15-14-01-4.- Solved by the Regional Chamber of the Pacific Federal Court of Administrative Justice, in session of Ferburary 15, 2018, by unanimity of votes in favor: Reporting Judge: Francisco Enrique Valdovinos Elizalde – Secretary: Lic. Alejandro Ubando Rivas.
R.T.F.J.F.A. Eighth Era. Year III. No. 28. November 2018. p. 769