Unconstitutionality of Article 130, Section I of the Tax Code of Mexico City in force in fiscal year 2023.

Unconstitutionality of Article 130, Section I of the Tax Code of Mexico City in force in fiscal year 2023.

June, 2024

In a session held on May 19, 2024, the Second Chamber of the Supreme Court of Justice of the Nation resolved amparo review 108/2024, in which Article 130, Section I of the Tax Code of Mexico City in force in fiscal year 2023, which establishes the rate for the payment of the property tax, was declared unconstitutional.

The submitted draft states that the rate for the calculation of the property tax infringes the guarantee of tax proportionality, given that the formula for such calculation is not progressive, since, in accordance with the analysis carried out, it was identified that such provision causes persons with a lesser ability to pay to pay a greater contribution. Once the final version of the judgment is published, the arguments put forward by the Second Chamber to declare Article 130, Section I of the Tax Code of Mexico City unconstitutional and its effects will be known with certainty. For additional information, contact: Alejandro Torres, Partner: +52 (55) 5258-1072 | ajtorres@vwys.com.mx Luis Enrique Torres, Counsel: +52 (55) 5258-1023 | ltorres@vwys.com.mx

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