The Reform will seek to facilitate tax compliance through administrative simplification, and to close tax evasion, fraud and tax avoidance loopholes.
Legal Entities:
Based on the accrual of income and expenses actually received and paid. It would have higher depreciation rates.
Requirements:
– Shareholders only individuals.
– Income in the immediate fiscal year ≤ 35 million pesos.
– Active tax mailbox
– Current in compliance with tax obligations
– Not to be in cases of 69 and 69-B of the CFF.
The most important changes of the proposed reforms are:
– Not having tax credits to charge,Deduction of uncollectible accounts. *1
– Impossibility of crediting the creditable VAT,
for people who have incomes not subject to VAT. *2
– Reinstatement of the obligation of the obligatory fiscal report. *3
– Reduction of the profit coefficient.*4
They propose not to have specific limits to personal deductions, all personal deductions may not exceed or be less than 15% of income or 5 UMAs per year.
Individuals:
The tax incorporation regime is eliminated, giving rise to a new “trust regime. “*5
With a progressive rate of 1% for income of MXN300,000 per year up to 2.5% for income of MXN3,500,000 per year, on turnover.
*1. It is clarified that the notorious practical impossibility of collection will arise until the taxpayer exhausts the legal means to collect the account and that, even having the right to do so, it was not possible to recover it. With this change, the taxpayer is obliged to obtain the final judgment issued by the competent jurisdictional authority.
*2. The proposal is to calculate the proportion of creditable VAT, including the value of taxable activities, exempt activities and those that are not subject to such Law. Previously the SCJN, determined the unconstitutionality of a similar proposal, it is proposed again seeking that the current members of the SCJN, differ from this interpretation.
*3. Large taxpayers with shares placed in the stock market or who have had accruable income in the previous year for $ 876,171,996.50, must have their financial statements audited by a public accountant registered with the SAT. The accountant must inform the SAT of any non-compliance with tax obligations, including those considered tax crimes, and failure to do so may result in a fine or imprisonment.
*4. It specifies that the authorization to reduce provisional payments (14 LISR), which does not refer to a definitive reduction of the provisional payments, if at the end of the fiscal year the reduction was inappropriate, complementary tax returns must be filed for the differences. More limitations on deductions for individuals.
*5. The new tax incorporation regime will include business activities, rendering of services including technological platforms; granting of the temporary enjoyment or use of goods; agricultural, livestock, forestry or fishing activities, and federal land transportation of cargo.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.