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Practice areas · 09 of 10

Amparo

Constitutional defense (amparo) against tax and administrative acts

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The Amparo practice of R&A Asociados is devoted to constitutional defense in tax and administrative matters. When an authority issues an act that violates the principles of legality, legal certainty, or due process, the amparo proceeding (Mexico's constitutional protection suit) allows that act to be submitted to judicial review and, where appropriate, its effects to be stayed while the case is decided. Our work consists of protecting your fundamental rights, or those of your company, against such acts.

Our practice combines technical knowledge, procedural strategy, and experience in building the administrative and tax case files that form the basis of a sound amparo complaint. Before litigating, we assess whether an amparo proceeding is available and what alternative means of defense exist; during the proceeding, we follow up on the stay; and once judgment is issued, we monitor compliance by the responding authorities. We work in coordination with our Tax, Administrative, and Real Estate practices to provide a comprehensive defense.

The firm handles amparo proceedings (constitutional protection suits) in tax and administrative matters, in coordination with those practice areas.

Services

What we do in this practice area.

01

Tax amparo

Constitutional defense against tax assessments, attachments, and audit actions by the Tax Administration Service (SAT), Mexico's federal tax authority, and by state tax authorities, as well as against final rulings of the Federal Court of Administrative Justice (TFJA).

  • Indirect amparo against tax assessments, attachments, freezing of bank accounts, and enforcement actions by tax authorities
  • Direct amparo against final rulings of the Federal Court of Administrative Justice (TFJA)
  • Challenges to omissions, fines, audit actions, and unlawful determinations by the SAT or state tax authorities
  • Advice on a joint strategy combining administrative litigation and the constitutional route
  • Follow-up on provisional and definitive stays and on compliance with them by the responding authorities
02

Administrative amparo

Protection against acts, rulings, and general rules issued by administrative authorities that affect your rights.

  • Defense against administrative acts and rulings that affect vested rights or disregard legal procedures
  • Indirect amparo against closure orders, penalties, expropriations, temporary occupations, and coercive measures by administrative authorities
  • Advice and representation in amparo proceedings against general rules (regulations or decrees) that exceed their legal framework
  • Drafting of complaints, amendments to complaints, and appeals for review (recursos de revisión) within the constitutional proceeding
  • Coordination with our Tax, Administrative, and Real Estate practices for a comprehensive defense
03

Constitutional advisory services and strategy

Preliminary feasibility analysis, strategy design before filing an amparo, and follow-up on compliance with judgments.

  • Assessment of whether an amparo proceeding is available and analysis of alternative means of defense
  • Preliminary legal opinions on procedural feasibility and associated risks
  • Design of preventive strategies to avoid acts of authority that could violate rights
  • Monitoring of compliance with amparo judgments before responding authorities and circuit courts

Services are provided in accordance with applicable law and the analysis of each case.

Who it is for

Who we serve in this practice area.

  • Taxpayers, whether individuals or companies, with tax assessments, attachments, or bank accounts frozen by the SAT or state tax authorities
  • Companies that have received an unfavorable final ruling from the TFJA and need to file a direct amparo
  • Businesses and establishments affected by closure orders, penalties, or coercive measures by administrative authorities
  • Real estate owners and investors in the Riviera Maya facing expropriations or temporary occupations
  • Individuals and companies affected by regulations or decrees that exceed their legal framework

If your situation is not listed here, or the contact form can tell you which practice area applies.

Frequently asked questions

Common questions about this practice area.

What is an amparo proceeding, and when is it available?

The amparo proceeding is the means of constitutional defense against acts of authority that violate fundamental rights or principles such as legality, legal certainty, and due process. It may be indirect, against acts, omissions, or general rules, or direct, against final rulings such as those of the TFJA (Federal Court of Administrative Justice). Whether it is available depends on each case, so we invite you to schedule a consultation to assess yours.

Can I request a stay of an attachment or a closure order while the amparo is decided?

Within the amparo proceeding, a stay of the challenged act may be requested—first provisional and then definitive—so that its effects are halted while the court decides the merits. Whether it is granted depends on the nature of the act and on the requirements set by the judge. At R&A Asociados, we follow up on these measures and on compliance with them by the responding authorities. We invite you to schedule a consultation.

What happens if the authority does not comply with the amparo judgment?

A favorable amparo judgment requires the responding authority to set aside the challenged act and to restore the complainant (quejoso) to the enjoyment of their rights. When compliance is delayed or incomplete, there are mechanisms before the circuit courts to enforce it. Our firm follows up on this stage before the responding authorities and the circuit courts. If you have a judgment pending enforcement, we invite you to schedule a consultation.

These answers are for guidance only; each case requires individual analysis.

Publications

Publications in this practice area.

See the publication on the blog →

Consult with us on Amparo matters.

Tell us about your situation and we will explain the next steps. We are available Monday through Saturday, 9:00 a.m. to 6:00 p.m., in Spanish, English, and French.

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