On April 25, 2014, a jurisdictional precedent issued by the Supreme Court of Justice pertaining to invoices was published in the Judicial Gazette of the Federation. This precedent was also published in the webpage of the Tax Administration Service on June 30, 2014.
The precedent provides that, although the Federal Fiscal Code provides for the obligation of those who use invoices to deduct or credit certain concepts, to ensure that the invoice meets the requirements of the Federal Fiscal Code, the foregoing does not imply that such obligation constrains the recipient of the invoice to verify compliance with tax obligations of the issuer.
The resolution that led this Supreme Court’s precedent states that for an expenditure or disbursement to be considered creditable or deductible for tax purposes, the taxpayer must demonstrate:
- That the relevant transaction has an economic purpose.
- That an actual and valid support of the transaction exists.
In conclusion, if a taxpayer intends to deduct or credit an amount supported with an invoice, in addition to requesting a document that meets the tax requirements, it will be necessary to hold documentation that supports the relevant transaction.