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Mexico's Supreme Court Backs SAT Fine Against Nueva Elektra, Agrees to Review FEMSA Tax Dispute

The decisions cement the legal basis for direct SAT audits of subsidiaries under Article 42 of the 2012 Tax Code.

Overview

  • On Nov. 19, the Court upheld SAT’s 67,165,827‑peso penalty against Nueva Elektra for overstating 2012 losses, revoking a prior amparo in a 6–3 vote.
  • The justices imposed a 300‑UMA sanction on the company for bad‑faith litigation and ordered a new collegiate‑court ruling consistent with the plenary criteria.
  • Counting seven earlier rulings, the Court has now resolved eight of nine Grupo Salinas cases, confirming tax credits exceeding 48 billion pesos for SAT, with only a 621.9‑million‑peso Totalplay matter pending.
  • Grupo Salinas condemned the rulings as politically motivated and said it will seek further remedies in national and international venues.
  • In a separate 6–3 vote requested by Justice Lenia Batres, the Court accepted review of SAT’s 2,868‑million‑peso dispute with FEMSA, revisiting a 2024 TFJA decision and testing when extraordinarily high quantums merit Supreme Court intervention.