February 13, 2022
On September 8, the Economic Package for 2022 was presented to the Chamber of Deputies, which includes the General Economic Policy Criteria for 2022, the Federation Income Law, the Federation Expenditure Budget Project, and the initiatives reform of federal tax laws.
The axes of the proposal of the Federal Executive, similar to those of the initiatives presented in previous exercises, are the following:
- Administrative simplification.
- Tax management and its strengthening through tools for proper tax compliance.
- Collection efficiency to support public and social health programs (focused on supporting
- in the face of the pandemic generated by the SARS-CoV-2 virus or COVID-19).
- Facilitate voluntary compliance with tax obligations through regimes based on citizen trust.
- Fight corruption and impunity.
- Combat tax evasion and avoidance.
Regarding the initiatives to reform the Income Tax Law (“LISR”) and the Value Added Tax Law (“LIVA”), the most relevant aspects are summarized below.
Law on Income Tax
Moral Persons
- It is established as a crediting order against the annual tax that is in your charge, firstly, the provisional payments made during the year, and secondly, the income tax (“ISR”) paid abroad that is creditable.
- It is included within the assumptions that are considered backed credits, the financing operations from which they derive interest, when they lack a business reason. The interests that come from backed credits will have the tax treatment of dividends.
- Included within the assumptions of cumulative income, that corresponding to the consolidation of the bare property and the usufruct of a good, establishing that the income will be equivalent to the value of the usufruct determined in the respective appraisal.
- It is established that in cases in which only the usufruct or bare ownership of land and other property is disposed of, the corresponding deduction must be proportional to the transferred attribute.
- The requirements to request authorization to dispose of shares at tax cost in cases of restructuring of companies of the same group are expanded, indicating that, among other assumptions, the relevant operations carried out within the previous five years must be reported.
- It is added within the requirements for the deduction of fuel for maritime, air and land vehicles, that the respective tax receipt indicates the information of the current permit issued under the terms of the Hydrocarbons Law, and that said permit is not suspended.
- It is established as a deduction requirement in the cases of technical assistance, technology transfer or royalties, that when it is not provided directly, it is about services or specialized works referred to in the third paragraph of art. 15-D of the Federal Tax Code.
- The requirements for the deduction of uncollectible credits whose main fate on the day of maturity is greater than thirty thousand investment units are expanded, to indicate that now a final resolution issued by the competent authority must be obtained, with which it demonstrates having exhausted the collection procedures or, as the case may be, that it was impossible to execute the favorable resolution. The current requirement is limited to the presentation of the claim, or at the beginning of the agreed arbitration procedure.
- The rules for the determination of non-deductible interest in cases of thin capitalization are modified, to indicate that when choosing to consider instead of the amount of stockholders’ equity, the sum of the balances of the contribution capital accounts ( CUCA), net tax profit (CUFIN) and reinvested net tax profit (CUFINRE), this must not exceed 20% of stockholders’ equity. Likewise, it is added as a calculation parameter to consider said option, the reduction of tax losses pending reduction that have not been considered in the determination of the tax result.
- The definition of the original investment amount is expanded to also include the expenses for the preparation of the physical location, installation, assembly, handling, delivery, as well as those related to the services contracted for the investment to work.
- The obligation to submit a notice to the tax authority is stipulated when the investments cease to be useful.
- It is established that the acquisition of the right of usufruct over real estate is also considered a fixed asset, and may be deducted by applying the maximum 5% in each fiscal year.
- The following obligations currently applicable to taxpayers who enter into transactions with related parties residing abroad (art. 76, F. IX and X) are expanded to also include those entered into by residents in Mexico: i) Obtain and keep documentation proof that demonstrates the application of market prices; and ii) Present the information of the operations carried out during the previous fiscal year. The term for presenting said information is also extended, establishing the deadline for May 15 of the subsequent fiscal year (currently March 31).
The obligation to present notice to the tax authorities is established, to the companies issuing shares or securities that represent the ownership of goods, which are alienated by residents abroad without permanent establishment in Mexico
Physical Persons
- It is established that taxpayers who receive income assimilated to salaries in the fiscal year in accordance with sections IV, V and VI of article 94, which exceed the amount of 75 million pesos, must pay taxes according to the income regime for business activities and professionals, from the following year.
- The ease of keeping simplified accounting for taxpayers of the business and professional activities regime who receive income of less than 2 million pesos in the year is eliminated.
- Similar to legal entities, the obligation to present the information on the operations carried out with related parties residing abroad is extended to also cover those carried out with residents in Mexico, in addition to extending the term to present it no later than 15 May of the following financial year.
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- The Tax Incorporation Regime (“RIF”) is eliminated and a regime called “Simplified Trust Regime” is incorporated, which can be applied by natural persons who carry out only business or professional activities or grant temporary use or enjoyment of assets, whose income in the year does not exceed 3.5 million pesos, and are not located in any of the following cases: They are partners, shareholders or members of legal entities or when they are related parties in the terms of article 90 of this Law.
- Are residents abroad who have one or more permanent establishments in the country.
- Have income subject to preferential tax regimes.
- Receive the income referred to in sections III, IV, V and VI of article 94 of this Law.
Under this regime, it is allowed to apply a tax rate directly to the amount of income that is collected, without any deduction, according to the following tables.
Monthly Table
Up to 25,000.00 1.00%
Up to 50,000.00 1.10%
Up to 83,333.33 1.50%
Up to 208,333.33 2.00%
Up to 3,500,000.00 2.50%
Annual Table
Up to 300,000.00 1.00%
Up to 600,000.00 1.10%
Up to 1,000,000.00 1.50%
Up to 2,500,000.00 2.00%
Up to 3,500,000.00 2.50%
4. The periodicity for the presentation of provisional payments and the declaration of the exercise, respectively, would be the same as for natural persons with business and professional activities.
5. The obligation to keep accounts is extended to individuals who obtain rental income and in general for granting the temporary use or enjoyment of real estate, who choose to apply the 35% deduction.
6. With respect to the limitation applicable to personal deductions for natural persons in the year, the same calculation parameters are maintained (amount that is less than 15% of total income, and the amount equivalent to five times the annual value of the Measurement and Updating Unit), however, its application is extended to also cover the non onerous or remunerative donations referred to in article 151, section III, and the complementary retirement contributions referred to in section V of the quoted number.
Foreign Residents
1. The rules corresponding to the content of the opinion formulated by the public accountant in the operations of sale of shares are modified, to basically point out that now the supporting documentation must be attached with which it is shown that the sale price of the shares sold corresponds to the market price. . The current provision establishes, in general terms, that the way in which the elements established in the same Law were considered to determine the market value of the alienated shares must be indicated.
2. In relation to the alternative to defer the ISR derived from the gain on the disposal of shares in restructurings of companies belonging to the same group, it is established that the shares will also be understood to be outside the group, when the issuing and acquiring companies of the shares actions cease to consolidate their financial statements in accordance with the provisions that regulate the taxpayer in accounting and financial matters, or that he is obliged to apply.
Likewise, the following are added as assumptions under which the authorization issued for such purposes will be without effect:
• When the tax authority, in the exercise of its verification powers, detects that the restructuring or, as the case may be, the relevant operations related to said restructuring, carried out within the immediately preceding five years together with those carried out within the following five years for the authorization in question to be granted, lacked a business reason.
• When the tax authority in the exercise of its powers of verification detects that the exchange of shares generated income subject to a preferential tax regime.
3. The following applicable requirements for representatives of residents abroad are added:
i. Voluntarily assume joint and several liability, which will not exceed the contributions that must be paid by the resident abroad.
ii. Have sufficient assets to respond as a joint and several obligor, in accordance with the general rules that are issued for this purpose.
Multinational Companies
1. It is established as an additional requirement for maquiladora companies to be able to determine their fiscal usefulness in accordance with article 182, and that foreign residents for whom they act do not have a permanent establishment in the country, that they correctly present the Informative Declaration of companies manufacturing, assembly plants and export services (DIEMSE).
Likewise, it is established that it must be reflected in the DIEMSE that the fiscal profit for the year represented, at least, the highest amount that results from applying the provisions of sections I and II of said numeral, in terms of the general rules. that they be issued to that effect.
2. The option of obtaining a particular resolution in the terms of article 34-A of the Federal Tax Code (“APA”) is eliminated and, consequently, the alternative of determining the fiscal utility in accordance with said resolution.
Value Added Tax Law
The rule for the application of the 0% rate on the disposal of products destined for food is modified, to indicate that it is “human and animal” food.
- Disposal of sanitary napkins, tampons and cups for menstrual management are added as taxable acts at the 0% rate.
- It is established that acts or activities not subject to the tax must be understood as those that the taxpayer does not carry out in national territory under the terms of this ordinance, as well as those different from those established in article 1o. of this Law carried out in national territory, when in both cases the taxpayer obtains income or consideration, for which he makes expenses and investments in which the tax was transferred or the one that he would have paid due to the importation.
- It is established as a requirement of accreditation in the case of importation of merchandise, that the request must be in the name of the taxpayer and include the payment of the tax.
- The periodicity for the presentation of the information of the operations carried out by residents abroad that provide digital services to receivers located in national territory is modified, so that it is now monthly instead of quarterly.
- It is established that the temporary use or enjoyment of tangible goods is understood to be granted in national territory, when its use or enjoyment is carried out there, regardless of the place of its material delivery or the celebration of the legal act that gives rise to it.
