Mexico City, November 18, 2022 – Grupo Herdez, S.A.B. de C.V. (“Grupo Herdez” or the “Company”) (BMV: HERDEZ) informs:
- In the third quarter report of October 19, 2022, the company informed about tax assessments determined to Nutrisa, S.A. de C.V. for the fiscal year of 2017, related to a change in the interpretation of the law by the tax authority concerning the application of the 0% rate of the Value Added Tax in the sale of yogurt ice creams and popsicles.
- In this regard, the Servicio de Administración Tributaria (“SAT” “Tax Administration Service”) confirmed the tax assessments through official resolutions dated October 26, 2022, and notified on November 4, 2022. The amount involved is MXN 436.8 million.
- Once we analyzed such resolutions and prior consultation with our advisors, the Company considers that the 0% rate of the Value Added Tax shall be the rate applicable to yogurt ice creams and popsicles, as they are frozen food.
- Since this is a change of interpretation and application of the law by SAT, the Company filed a Juicio de Resolución Exclusiva de Fondo (“Trial”) before the Tribunal Federal de Justicia Administrativa (“Federal Court of Administrative Justice”).
- This trial grants the benefit that no guaranty of such tax assessment amounts is required in accordance with applicable law.
- The Company continues its defense against the previous resolutions, since it considers that there are reasonable and sufficient arguments to demonstrate that the liquidation for 2014, 2015 and 2016 fiscal years are improper, and therefore, it has fully complied with its VAT tax obligations.
- The Company reaffirms its commitment with the application of the Law and has properly complied with its tax obligations.