BackIn October 25th’s hearing, the Supreme Court of Justice ruled on the unconstitutionality of article 29-A, fourth paragraph, of the Federal Tax Code (“FTC”), which prescribes that an invoice can only be cancelled within the fiscal year in which it was issued, provided that tax provisions do not set a shorter time limit and that the recipient accepts such cancellation (A.R. 683/2023).
The Court concluded that the limitation set forth is incompatible with the compliance system for tax obligations, as in the case of the filing of annual income tax returns that occurs in March and April of the immediate next year, and moment in which the transactions covered by the invoices deploy their tax effects.
