Presunta Omisión de un Activo Patrimonial en la Declaración del Impuesto de Renta

Abstract

A fundamental aspect of preparing an income tax return is the accurate determination of net worth, which includes assets defined as any value that can provide future economic benefits and generate wealth for the taxpayer. Based on this definition, this study seeks to determine whether the omission of an account receivable derived from the sale of shares and considered uncollectible constitutes an omission in the income tax return. The potential tax and penalty implications of not including this asset in the return were identified, a comparison was made between the accounting and tax treatment of this type of account receivable, and finally, an evaluation was conducted to determine whether an asset involved in legal proceedings should be included in the taxpayer's gross worth under tax regulations. The findings were then compared with a survey of tax experts, concluding that the analysis should be conducted from a broad perspective, encompassing legal, economic, and evidentiary factors. It can be concluded that, even with an active legal process, there is no certainty that the taxpayer will receive future benefits, therefore it should not be reported as part of gross assets since there is sufficient supporting documentation to show that it will be fully impaired and should only be treated in the financial statements as a note.