Reform proposal in tax refund deadlines: implications and opportunities for taxpayers

During the section held on October 8, 2024, of the LXVI Legislature, the parliamentary group of the Institutional Revolutionary Party (PRI), through deputy Verónica Martínez García, submitted an initiative to reform the Seventh Paragraph of Article 22 of the Federal Tax Code (FTC). The purpose of this proposal is to modify the tax authority’s deadlines for making tax refunds, seeking to streamline procedures and reduce waiting times for taxpayers.

A substantial reduction in the period granted to the tax authority to issue a resolution on the return of the balance in favour is sought.

Currently, taxpayers must wait a period of 40 business days to obtain a response, counting from the date of submission of the request to the tax authority. During this period, the authority has the power to require additional information from the taxpayer within a period of no more than 20 business days, granting them the same time to submit the requested information. If a second request is necessary, the authority may do so within the following 10 business days, with a similar period for the taxpayer to provide the requested information.

The proposal submitted proposes a significant reduction in these deadlines. Regarding the resolution of the return request, it is proposed to reduce the time from 40 to 15 business days.

Regarding additional information requirements, the initiative seeks to reduce the period for the first request from 20 to 5 business days, and from 10 to 5 days for the second request. Likewise, the time that the taxpayer would have to respond to both requirements would be reduced to 3 business days.

It is important to note that this initiative is still in the early stages of the legislative process and must follow the corresponding procedure in the next sessions, so that it reaches its approval and formal incorporation into the legal framework, reforming the article in question.

At Forvis Mazars, we can advise you in greater detail on the implications and benefits that the taxpayer could face in the event of a reduction in deadlines in the tax refund process, as well as with the corresponding refund process.

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