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Tax problem, any ideas on what to do?

 
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BadBeagleBad



Joined: 23 Aug 2010
Posts: 1186
Location: 24.18105,-103.25185

PostPosted: Tue Nov 15, 2011 6:21 pm    Post subject: Tax problem, any ideas on what to do? Reply with quote

I foolishly gave my former employer several blank recibos de honorarios to keep in a file, so that I didn�t have to run over there every couple of weeks to give him a new one. It was (and is) my understanding that they couldn�t be used without my signature, so I felt safe leaving them there. This was after having worked for this person for over a year. I recently found out that he used them to declare the taxes of people who he had working for him who were not legal to work. And, of course, he didn�t pay the taxes on them. We have been going around in circles for weeks, but he has yet to give me the real information, and I doubt if he will at this point. So what I need to know, is how can I find out what the outstanding amount is, and how should I procede. And if he forged my name on the recibos, how does that effect me? I tried looking for the information online, but it appears that you can only get info that was entered after the barcoded recibos went into effect, and I am still using the old ones. I don�t evenhave a FIEL yet. Any help or advice anyone can offer would be much appreciated.
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Phil_K



Joined: 25 Jan 2007
Posts: 2041
Location: A World of my Own

PostPosted: Tue Nov 15, 2011 7:11 pm    Post subject: Reply with quote

I would think that in this case, your only option is to explain your situation to Hacienda, giving the serial numbers of the recibos involved. Unfortunately, I think they will be unsympathetic, putting it down to bad practice on your part.

The upside is that you can report him for tax fraud at the same time, and he could get what he deserves, if that is any consolation!
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BadBeagleBad



Joined: 23 Aug 2010
Posts: 1186
Location: 24.18105,-103.25185

PostPosted: Tue Nov 15, 2011 8:11 pm    Post subject: Reply with quote

Phil_K wrote:
I would think that in this case, your only option is to explain your situation to Hacienda, giving the serial numbers of the recibos involved. Unfortunately, I think they will be unsympathetic, putting it down to bad practice on your part.

The upside is that you can report him for tax fraud at the same time, and he could get what he deserves, if that is any consolation!


Could be, but if he forged the signature.....would I still be liable, I wonder. It is not a small amount of money.
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Phil_K



Joined: 25 Jan 2007
Posts: 2041
Location: A World of my Own

PostPosted: Tue Nov 15, 2011 8:26 pm    Post subject: Reply with quote

Quote:
Could be, but if he forged the signature.....would I still be liable, I wonder. It is not a small amount of money.


I guess that depends on how far (legally) you want to take the matter; I know justice is often dependent on the size of your bank balance in Mexico. A graphologist could be used to prove the signature isn't yours. But I concede that we are getting into a full legal case here, and that would depend on the cost of defending yourself, and the likelihood of winning.

I can give you the name of a tax lawyer (who used to be my boss!) if you PM me.
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BadBeagleBad



Joined: 23 Aug 2010
Posts: 1186
Location: 24.18105,-103.25185

PostPosted: Tue Nov 15, 2011 9:28 pm    Post subject: Tax lawyer Reply with quote

Hi! Yes, I�d appreciate it. I am thinking that maybe just a letter advising him that he needs to pay the taxes will be enough. He knows that I know a lot of things about him that I could report if I wanted to - he hires illegals, cheats on his taxes, and is in a bigamous relationship, a relationship upon which his �wife�s� visa her is based. He is not Mexican, but I don�t know if penalties are more sever, or not, for foreigners. I don�t particularly want to ruin his life. But I do want him to make this right ASAP so it is not hanging over my head.

Teresa
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Isla Guapa



Joined: 19 Apr 2010
Posts: 1520
Location: Mexico City o sea La Gran Manzana Mexicana

PostPosted: Tue Nov 15, 2011 9:53 pm    Post subject: Re: Tax lawyer Reply with quote

BadBeagleBad wrote:
I don�t particularly want to ruin his life.
Teresa


I think I'd want to ruin his life if he had been my boss and had done such a horrible thing to me, but then you're a nicer person than I am, BBB Wink !
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 462
Location: Cancun, Mexico

PostPosted: Wed Nov 16, 2011 11:48 am    Post subject: Reply with quote

Can I suggest keeping a very cool head about this? In this case I wouldn't run to a lawyer, unless the lawyer works for free. For one thing, you're trying to avoid expense, not incur more.

Hacienda is not, at this point, involved in this, and it will help to keep in mind that you're not liable for taxes on money you didn't earn.

In a case like this, I would first report the missing recibos to the police: it is either a theft of recibos, or an economic crime of some sort and, in either case a police report makes it clear what the status of the matter is, insofar as you have first hand knowledge. I would not suggest to the police who the perpetrator may be, merely report what you know, first hand. They can develop the details, if they decide to pursue the matter.

As for the tax office, I'd just file my declarations as usual, reporting only the income you have derived from your work. Let them raise the issue of the missing recibos, if they ever do. Should they do, produce your copy of the police report, by way of explanation.

Not to minimize your concern, but I see far more risk in how you handle it, than in the situation itself.
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Phil_K



Joined: 25 Jan 2007
Posts: 2041
Location: A World of my Own

PostPosted: Wed Nov 16, 2011 4:02 pm    Post subject: Reply with quote

Quote:
I would not suggest to the police who the perpetrator may be, merely report what you know, first hand.


That could come back to haunt you later, as you DO know who the perpetrator is. That would suggest to me that you'd be telling half-truths (I lost them, or something similar), which isn't a very clever path to go down if the law is involved.

Personally, if someone committed a financial crime against me, involving a significant amount of money, I wouldn't be too worried about his reputation or what happened to him - an a fraud HAS been committed in case. The recibos were given to him in good faith, however naive that may be.
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 462
Location: Cancun, Mexico

PostPosted: Thu Nov 17, 2011 11:53 am    Post subject: Reply with quote

Quote:
I recently found out that he used them to declare the taxes of people who he had working for him who were not legal to work. And, of course, he didn�t pay the taxes on them. We have been going around in circles for weeks, but he has yet to give me the real information, and I doubt if he will at this point.

It may seem like a fine line, but to suggest who the perpetrator is, is to draw a legal conclusion. Saying what he knows, first hand, in any police report, is what I'm talking about, not presenting "half-truths". Saying more than he knows first hand (that he gave the recibos to his boss, and his boss can no longer produce them) is to risk presenting the half-truths that you were concerned about, and is more than would be prudent to do, if his goal is to save money, and protect himself, legally, as I see it.
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