ARTICLE 60: REVENUE FROM UNREGISTERED PURCHASES

     

    When the taxpayer fails to record acquisitions in their accounting records and were determined by the tax authorities, it will be presumed that the acquired and unregistered goods were alienated and that the amount of the alienation was the result of the following operations:

  • The determined acquisition amount, including the agreed price and the contributions, interest, normal or past due, conventional penalties and any other concept that had been paid for the acquisition, is multiplied by the percentage of gross profit with which the taxpayer operates.
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  • The resulting amount will be added to the determined acquisition amount and the sum will be the value of the alienation.
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    The percentage of gross profit will be obtained from the data contained in the taxpayer's accounting records in the fiscal year in question and will be determined by dividing said gross profit by the cost to determine or determined by the taxpayer. For the purposes of the provisions of this section, the cost will be determined according to generally accepted accounting principles. In the event that the cost cannot be determined, it will be understood that the gross profit is 50%.

    The presumption established in this article shall not apply when the taxpayer shows that the lack of registration of the acquisitions was motivated by fortuitous event or force majeure.

    The same procedure will be followed to determine the value for alienation of missing goods in the inventories. In this case, if the amount of the acquisition could not be determined, it will be considered that corresponding goods of the same species acquired by the taxpayer in the year in question and, in the absence, the market or the appraisal.