The forms of extinction of tax obligations are: payment, forgiveness, cancellation, compensation, expiration and prescription. Death is not a way to extinguish an obligation.
THE PAYMENT
The amounts paid will be applied to the oldest credits, provided that it is the same type of contribution and before being applied to the main credit, they will be applied to the accessories in the following order:
- Execution expenses Surcharges Fines Compensation for return of bad checks (20%).
THE CONDONATION
It comes from a principle of equity, for the discharge to be granted the following requirements must be met:
- It must be granted by the highest executive power. It must be general. Proceed by region or branch of activity. It must be contemplated in a law.
The treasury may only cancel the accessory, not the main fate, it will follow a discretionary principle.
CANCELLATION
Proceeds due to uncollectibility or insolvency of the debtor. It remains latent until the conditions change, that is, there is the possibility of collection, the tax credit becomes effective.
COMPENSATION
It is a means by which two subjects who reciprocally meet the quality of debtors and creditors, extinguish their obligations up to the limit of the lower debt.
The basic principle that regulates this procedure is the practical purpose of settling 2 debts that are directly neutralized.
For compensation to proceed in tax matters, the following assumptions must be met:
- That the payment obligation is made through the presentation of a statement. That the credit in favor of the individual and the payment to be made are for the same contribution. Example; Taxpayer pays more, can request a refund or request compensation, the remainder that does not cover this compensation, the taxpayer will have to pay.
EXPIRY
It is the loss of the powers of the authorities to verify compliance with tax provisions, determine tax credits and impose sanctions.
In general terms, this extinction of powers operates within a period of 5 years or from the date on which the obligation or violation occurred, except in the case of 10 years when the taxpayer has not submitted his application in the registry. Federal taxpayers or does not keep accounting, as well as with respect to exercises in which you omit the presentation of your return, or 3 years in cases of joint and several liability assumed by third parties, after the guarantee of fiscal interest is insufficient.
For the expiration to operate it is necessary for the tax authority to make the respective declaration to the individual's request, since the authority does not express it ex officio.
PRESCRIPTION
It is the extinction of the tax credit due to the passage of time. In this case, you are facing a tax obligation that was determined in liquid amount.
For the prescription to operate, a 5-year calculation is required, and it is interrupted with each collection management carried out by the authority or by any act of recognition of the debt.
