The National Chamber of Commerce, Services, and Tourism (Canaco Servytur) of Mérida expressed its concern about the proposed reform of the Amparo Law currently being discussed at the federal level, believing it could severely affect key sectors of the national economy.
In an official statement, Canaco Servytur noted that while the initiative contains positive elements, its current wording poses risks that could put businesses at a disadvantage before tax and judicial authorities.
“We recognize that the initiative contains positive aspects that, if properly implemented, could strengthen legal certainty for those seeking justice, expedite the administration of justice in our country, facilitate understanding of resolutions, and make consultation of proceedings more accessible,” the business organization stated.
However, it warned that in its current state, the initiative presents significant risks that could negatively impact key sectors of the economy such as commerce, services, and tourism, which are key drivers of the economy and employment in the country.
Among the most critical points, he emphasized that the reform restricts the use of appeals for revocation and contentious-administrative litigation for final tax claims, which would force companies to seek only amparo in the enforcement phase, leaving them defenseless.
“By restricting appeals for revocation and contentious-administrative litigation for final tax claims, it could accelerate the collection of tax claims in favor of the authorities, forcing companies to seek amparo only in the enforcement phase, leaving them defenseless during the process,” he pointed out.
Canaco questioned the fact that the reform limits the effects of amparo only to the complaining party, eliminating collective amparo. This, he warned, would generate inefficiency in judicial proceedings.
“The restriction of limiting the scope of an injunction only to the party it represents (denying collective injunctions) renders the process inefficient, because when filing a collective injunction, the ruling has general effects, while in an individual injunction, it only benefits the plaintiff.”
Work Stoppage
Another key concern is the possibility that companies operating with specific permits could see their activities paralyzed during a judicial process, without the option of continuing operations until the substance of the matter is resolved.
Added to this is the impact of the freezing of bank accounts suspected of using illicit funds, which could hinder the financial functioning of the companies involved.
Canaco Mérida questioned the lack of a clear mechanism for authorities to demonstrate the legal impossibility of complying with rulings, which, it warned, could generate arbitrariness and distrust in the judicial system.
Given this situation, the organization called on the Legislature to halt the proposal’s progress in its current form and encourage dialogue.
“Therefore, we respectfully request that: The initiative not be approved in its current form. Discussion forums be opened with representatives from the commerce, services, and tourism sectors to thoroughly analyze the potential impacts and propose adjustments that balance administrative efficiency with the protection of the rights of taxpayers and business owners,” the Chamber demanded.
The business organization concluded its statement by reiterating its willingness to work together with the authorities to achieve a reform that strengthens justice without sacrificing economic competitiveness.
“We are convinced that, through joint work between the Legislature and the Commerce, Services, and Tourism sectors, represented by our institution, it is possible to construct a reform that strengthens administrative and tax justice without affecting the operations and competitiveness of businesses in Mexico,” he concluded.— IVÁN CANUL EK
Position on the Amparo Law
Canacom called on the Legislature to halt the progress of the reform.
Counterinitiative
The business organization stated in a bulletin: “We respectfully request that the initiative not be approved in its current state.”
Proposals
In the document, it asked the Legislature to “open dialogue tables with representatives of the commerce, services, and tourism sectors to thoroughly analyze the potential impacts and propose adjustments that balance administrative efficiency with the protection of the rights of taxpayers and business owners.”
Source: yucatan
