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Precedents · Commented

CriticalTax litigation

How strong your evidence must be to defeat a non-existent transactions finding

Presumption of non-existent transactions covered by tax invoices. Standard of proof to consider it sufficiently rebutted.

Official heading (Spanish): PRESUNCIÓN DE INEXISTENCIA DE OPERACIONES AMPARADAS EN COMPROBANTES FISCALES. ESTÁNDAR DE PRUEBA PARA ESTIMARLA SUFICIENTEMENTE DESVIRTUADA.

The ruling

The TFJA upheld an assessment because the company failed to prove operating capacity, and the company argued an excessive standard was applied. The Collegiate Circuit Court set two conditions to rebut the article 69-B presumption: the taxpayer's account must be more probably true than the authority's, and the body of evidence must be contextually complete for the case.

Our take

Finally, an explicit standard, and it is better for taxpayers than it looks. It does not require absolute certainty, only that the taxpayer's account be more probable than the authority's. The second condition is the demanding one: the evidence must be complete for the type of transaction. A transport service needs different proof than contract manufacturing. For companies, the practical exercise is asking what evidence a reasonable outsider would expect for that specific transaction, and checking that it exists. Obvious gaps are what lose cases.

What to do

  • Define, by transaction type, what evidence should exist for it to be considered complete.
  • Review transactions with risky suppliers and close evidentiary gaps before an audit.
  • In litigation, argue expressly that the company's account is the most probable one.

Details

Court
Collegiate Circuit Court
Type
Isolated precedent
Identifier
(II Región)1o.1 A (12a.)
Digital registry
2032641
Published
September 18, 2026
Area
Tax litigation
View official source ↗

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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.