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UPDATE THE IMPORTANCE OF COMPANIES SITE 1

The importance of companies that carry out complementary functions in Mexico within a transnational commercial group analyzing the scope of their activities, since they could constitute a permanent establishment

Written by Santamarina + Steta en . Published in Updates.

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Executive Summary:

  • In December of last year, a precedent was published by the Federal Court of Administrative Justice (TFJA) through which it was resolved that, if a commercial company is established in Mexico to perform complementary functions as part of a cohesive business operation exclusively for the operating purposes of its related party, then it constitutes a Permanent Establishment (PE) of the latter.

In a nullity trial regarding requests for refunds of value-added tax (VAT) balances, the TFJA analyzed whether the transfer of assets made by the plaintiff should be taxed at the 16% VAT rate, since the foreign company with which it carried out export operations established a Permanent Establishment (PE) in Mexico and said transactions are part of a cohesive business operation; or, whether it should be taxed at the 0% rate because they are preparatory or auxiliary in nature and therefore do not constitute a PE.

In this case, the plaintiff company purchased automotive units from a certain company in Mexico and exported them to its partner and sole client abroad, who received and sold said automotive units abroad.

Thus, the TFJA ruled that the transactions carried out between the companies correspond to complementary functions of the commercial group that are part of a cohesive business operation, which do not have the character of preparatory or auxiliary, since the foreign company fragmented the cohesive business operation into several smaller transactions, so if a commercial company in Mexico does not act on its own account to fulfill its corporate purpose and for its own benefit, but rather performs complementary functions as part of a cohesive business operation exclusively for the operating purposes of its related party, it must be considered that the foreign resident has a PE in Mexico and therefore the transactions must be taxed at the 16% VAT rate.

This precedent is significant given that, in light of the tax provisions that govern the existence of a PE in Mexico, it becomes necessary to analyze in detail the operations carried out between transnational companies to determine whether there could be a risk in this regard.

At Santamarina y Steta we will be happy to advise you on this and other tax provisions.

UPDATE JOINT RESPONSIBILITY IN TAX MATTERS SITE 1

Joint liability in tax matters of partners or shareholders of a company

Written by Santamarina + Steta en . Published in Updates.

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Executive Summary:

  • The Federal Court of Administrative Tax Justice (TFJA) recently issued a ruling on how the joint liability of partners or shareholders of a company operates.
  • The TFJA specified that the figure of joint liability of partners or shareholders is a subsidiary joint liability, meaning that compliance with contributions must be required from the contributing company, the necessary steps must be taken to guarantee and/or collect the tax interest and, if this cannot be done in whole or in part, it is then demandable from the jointly liable party.

According to the Federal Tax Code (CFF), in certain cases (such as vacating the tax domicile without filing the corresponding notice with the SAT), partners or shareholders will be jointly liable for the contributions that have been incurred in relation to the activities carried out by the company when they had such status, in the part of fiscal interest that cannot be guaranteed with the assets of the company, without the liability exceeding the participation that they had in the share capital of the company during the period or on the date in question. 

The CFF itself indicates that joint liability is calculated by multiplying the percentage of participation that the partner or shareholder had in the subscribed share capital at the time of the cause, by the omitted contribution, in the part that cannot be covered by the company's assets.

In this regard, the TFJA, when resolving a nullity suit (which, although it refers to the CFF in force in 2016, the current text is essentially the same), specified that the figure of joint liability of partners or shareholders is a subsidiary joint liability, that is, compliance with contributions must be required from the contributing company, the necessary steps must be taken to guarantee and/or collect the tax interest and, in the event that this cannot be done in whole or in part, it is then demandable from the jointly liable party.

If, once the above has been carried out, full or partial payment could not be guaranteed, there is an outstanding amount on which the amount of joint liability is calculated, which will be done by multiplying the percentage of participation that the partner or shareholder had in the subscribed share capital at the time of the accrual, by the omitted contribution, in the part that cannot be covered by the company's assets.

That is, the percentage that represents the shareholding of each partner in the company's share capital must be considered, and not the financial contribution made by the founding partners for the issuance of the securities that represent the company's shares.

To learn more about this type of liability, we invite you to contact one of the specialists at Santamarina and Steta, who will be happy to advise you.

UPDATE RESOLUTION FISCAL MISCELLANEOUS 2024 SITE 1

Relevant aspects of the 2024 Miscellaneous Tax Resolution

Written by Santamarina + Steta en . Published in Updates.

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Executive Summary:

  • On December 29, 2023, the Miscellaneous Tax Resolution (RMF) for 2024 and its Annexes 1, 5, 8, 15, 19 and 27 were published.
  • Through this, various changes were announced regarding the Carta Porte complement, the use of the tax mailbox, the issuance of Digital Tax Receipts via the Internet (CFDIs), among others.

Relevant aspects of RMF

  • The obligation to submit the compensation notice referred to in article 23 of the Federal Tax Code (CFF) will be deemed to have been fulfilled when provisional, definitive or annual payment declarations are submitted through the Declarations and Payments Service in which there is a balance due due to own debt and they choose to pay it by offsetting amounts in their favor, without it being necessary to submit the notice and annexes through the SAT Portal.
  • Payroll CFDIs that have been issued with errors or omissions in their completion or version may be corrected no later than February 29, 2024.
  • The obligation to issue CFDI of income or transfer type with a Carta Porte complement is established for those who provide reverse logistics, collection or return services for the transfer of goods and/or merchandise by road transport.
  • It is noted that securities as collateral for tax interest will only be valid when it is impossible to guarantee through any other of the modalities established in article 141 of the CFF.
  • Tax authorities other than the SAT, such as INFONAVIT, the Federal Consumer Protection Agency, CONAGUA, as well as the authorities that exercise the power of oversight in the federal entities, may use the tax mailbox for the electronic notification of administrative acts or resolutions that they issue in digital documents, including those that may be appealed, starting December 31, 2024.
  • Taxpayers who have not enabled the tax mailbox, or have not registered or updated their means of contact, will be subject to the fines established in the CFF as of January 1, 2025.
  • As of December 31, 2024, authorities of the centralized and parastatal public administration of the federal, state or municipal government, or constitutionally autonomous bodies, as well as individuals, may use the tax mailbox as a means of communication between authorities and individuals or among themselves.
  • January 17, 2024 is the deadline to offset the VAT and IEPS balances in favor generated as of December 31, 2018 that have not been offset or have not been requested for refund.
  • The 2.0 version of the Carta Porte supplement can continue to be issued until 31 March 2024.
  • Individuals with business and professional activities who have issued CFDI through the “My Accounts” application in the years 2021, 2022 or 2023 will be able to continue issuing their CFDI from January 1 to December 31, 2024 by using the facility to seal the CFDI without the need to have the e.signature certificate or a CSD.
  • Civil organizations and trusts authorized to receive deductible donations that have received or granted donations in fiscal year 2023 due to the COVID-19 pandemic must submit the information return referred to in the aforementioned rule no later than March 31, 2024.
  • Legal entities that in fiscal years 2022 or 2023 paid taxes under the general regime, that at the end of the aforementioned fiscal years have an inventory of merchandise, raw materials, semi-finished or finished products, pending deduction and that as of fiscal years 2023 or 2024 pay taxes under the Simplified Trust Regime (RESICO), may continue to apply the rules of the general regime until said inventory is exhausted. With respect to raw materials, semi-finished or finished products acquired as of January 1, 2023 or January 1, 2024, as appropriate, the RESICO rules will apply to them.

At Santamarina y Steta we will be happy to advise you on this and other tax provisions.

shutterstock 2382448679 1

Exceptions to permanent establishment status under the MLI: What is meant by preparatory or auxiliary activities?

Written by Santamarina + Steta en . Published in Updates.

With the entry into force of the Multilateral Instrument (MLI), it is of utmost importance to analyze the changes that this will represent in the application of practically all the treaties to avoid double taxation to which Mexico is a party, such as the measures adopted to prevent the artificial avoidance of permanent establishment status through exemptions of specific activities, which expand this concept.

Therefore, a much more in-depth and individualized study is required of the activities actually carried out by those who intend to apply a treaty to avoid double taxation, issues that are addressed Sarahi Lopez, associate in the Tax area of ​​Santamarina + Steta, in this article published by the magazine Fine Points from Thomson Reuters.

Read the full article
UPDATE Creation of the Mexican Association for the Promotion of Electric Vehicles SITE 1

Creation of the Mexican Association for the Promotion of Electric Vehicles

Written by Santamarina + Steta en . Published in Updates.

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Executive Summary:

  • In 2023, the Mexican Association for the Promotion of Electric Vehicles (AMIVE) was created, with the main objective of unifying policies and regulations to expand electromobility and create a complete ecosystem for the electric vehicle market in Mexico.
  • This Association is the first organization in Mexico that will focus on promoting the manufacturing and use of Electric Vehicles and sustainable mobility in general.
  • The creation of this Association strengthens the electromobility sector in Mexico, but it is worth remembering that we do not yet have the legal and regulatory framework that allows the development of this industry. 

In 2023, the Mexican Association for the Promotion of Electric Vehicles (“AMIVE”) was created, with the main objective of unifying policies and regulations to expand electromobility and create a complete ecosystem for the electric vehicle market in Mexico, being announced within the framework of Latam Mobility & NetZero Mexico Summit 2023.

The Mexican Association for the Promotion of Electric Vehicles is a leading association dedicated to bridging global and local opportunities in electric mobility.

Main Objectives of the Association

This Association is considered the first organization in Mexico that will focus on promoting the manufacturing and use of Electric Vehicles and sustainable mobility in general.

The Association has a Strategic Committee, which is led by Francisco Cabeza Santillana, who is the president of AMIVE. He mentioned that AMIVE arose from the interest in having a representation in electric mobility and to improve public policies on environmental issues in Mexico. 

During his presentation at the Latam Mobility & Net Zero Mexico Summit, Francisco Cabeza Santillana stated that: “Today we already have electric capacity, with which we could carry out electromobility projects in the country.” He gave the example of Grupo Modelo, which introduced twenty twenty-ton trucks into Mexico, which generated savings of approximately 3% in total cost of ownership compared to a combustion vehicle, ensuring that electric mobility projects are even more profitable than combustion ones.

There are many challenges within Electric Mobility, including a lack of knowledge about emerging technologies and infrastructure. 

AMIVE claims that it not only benefits the environment, but also the automotive sector in Mexico, generating alliances with companies, governments and citizens for a common cause: cleaner and more sustainable transportation.

It is important to mention that they do not focus exclusively on Mexico; they have established bridges with regional and global markets in the electric vehicle industry through solid alliances with electric vehicle associations in Latin America, Europe, North America and Asia, expanding the electric mobility sector. 

We believe that the creation of this Association strengthens the electromobility sector in Mexico, which is still in its infancy. In this regard, it is worth remembering that we do not have the legal and regulatory framework that allows the development of the industry that directly supports electromobility in Mexico. 

Notwithstanding the above, a project for the issuance of the National Electric Mobility Strategy (“ENME”) is currently under public consultation at the National Commission for Regulatory Improvement (“CONAMER”). The purpose of this Strategy is to promote an orderly and equitable transition towards sustainable mobility schemes in Mexico, with its main objective being to reduce dependence on hydrocarbons and promote the reduction of emissions and attention to vulnerable people.

Sources of the publication:

DEAL ANNOUNCEMENT PROSE ARTS SITE 1

Visa acquires majority stake in Prosa

Written by Santamarina + Steta en . Published in Deal Announcements.

Santamarina and Steta, SC, led by the partners Sergio Chagoya y Diego Ostos and by the senior associate Elias Zaga, with the support of Bernardo Aguado, Redy Martinez y Esteban Soto, acted as external legal advisor to Promotion and Operation, S.A. de C.V. ("Prose"), its parent company, Controladora Prosa, SA de CV, and its shareholders Banorte, HSBC, Invex, Santander and Scotiabank, in the acquisition by View of a share package representing 51% of the share capital of Prosa, a leading company in the payments ecosystem in Mexico, which is considered the largest in Latin America and among the 10 largest payment processing companies in the world.

Prosa has more than 200 clients belonging to a wide variety of sectors, such as credit institutions, fintechs, aggregators, department stores and retailers, among others. This operation is subject to obtaining various authorizations from the competent Mexican authorities.

More information:

Visa Announcement
Invex Press Release
UPDATE New regulations for the transport of hazardous materials and waste SITE 1

New regulations for the transport of hazardous materials and waste

Written by Santamarina + Steta en . Published in Updates.

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Executive Summary:

  • The Mexican Official Standard NOM-002-SCT-SEMAR-ARTF/2023 is an update of NOM-002-SCT/2011, and establishes the new list to identify hazardous materials and waste. 
  • It also establishes instructions for the transportation, packaging and packing of hazardous materials and waste. 

The Mexican Official Standard NOM-002-SCT-SEMAR-ARTF/2023 (“NOM 002”) requires all persons transporting hazardous materials and waste by land, air and/or sea to adopt the necessary measures to avoid damage. 

NOM 002 is an update of NOM-002-SCT/2011 “List of the most commonly transported hazardous substances and materials”, published in the Official Gazette of the Federation on January 27, 2012. 

Through this new NOM 002, the Secretariat of Infrastructure, Communications and Transportation, as well as the Secretariat of the Navy, determined which substances and in what quantities are considered dangerous for transportation, with the purpose of increasing safety on communication routes. In addition, the official form for carrying out land, air and/or sea transportation of these substances and materials was established. 

On the other hand, the transportation under normal conditions of substances and objects that may explode, react dangerously, produce a flame or give off dangerous heat, as well as those that emit toxic, corrosive or flammable gases or vapors, is prohibited, except for an express exception in NOM 002.

In addition, the Federal Agencies of Civil Aviation and Railway Transport were added as competent authorities to monitor compliance with NOM 002. 

What should I do? 

Using the NOM 002 list, it is necessary to determine what type of hazardous materials and waste need to be transported, since depending on the quantity and type of material, the instructions and guidelines that must be followed to transport them safely by land, air or sea can be determined. 

In the event that any of the materials are not considered in this NOM 002, you must make sure that the transport of said material is not prohibited, for example, hazardous waste cannot be transported by air. If a substance is not listed in NOM 002, and its transport is not prohibited, this means that this substance is outside the scope of application of NOM 002. 

In turn, if it is necessary to determine the hazardous characteristics of the substance or material, prior evaluation by a testing laboratory that accredits and approves its effects is required.  

What do we suggest? 

To avoid any impact, the provisions of NOM 002 must be complied with, as well as other regulations on the handling of hazardous substances and waste. In particular, the substances and quantities considered hazardous must be recognized. In addition, it must be ensured that the transport conditions are optimal to comply with the provisions of this regulation. 

On the other hand, it is important to know that the management of this type of substances, as well as hazardous waste, is a “chain” in which all parties involved must comply with their obligations; and, in the specific case of hazardous waste, there is a shared (solidary) responsibility between the generator, transporter and final disposal center in case poor management ends up affecting the environment or the life, health and/or property of third parties, so we recommend that at all times the management and handling of these substances must be properly complied with. 

To consult the original publication in the Official Gazette of the Federation visit: https://www.dof.gob.mx/nota_detalle.php?codigo=5711751&fecha=18/12/2023#gsc.tab=0 

UPDATE LAW IA SITE 1

The EU AI Act was passed, becoming the first regulation on artificial intelligence in the world

Written by Santamarina + Steta en . Published in Updates.

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Executive Summary

  • On 9 December 2023, the European Parliament and the Council Presidency agreed on the final version of the Artificial Intelligence Regulation, the so-called “EU AI Law”.
  • This regulation establishes harmonized standards for the commercialization, commissioning and use of Artificial Intelligence, which is intended to be a prototype of regulations that would influence the development of laws in other jurisdictions.
  • There are still a number of legislative steps pending before this law comes into force, which will be applicable two years later, potentially in 2026.

On 9 December 2023, the European Parliament and the Presidency of the Council agreed on the final version of the Artificial Intelligence Regulation, the so-called “EU AI Law”.

This regulation establishes harmonized standards for the marketing, commissioning and use of Artificial Intelligence (“AI”), through a risk-based approach, in which the higher the risk of rights violation, the stricter the restrictions.

The EU AI Act is intended to be a prototype for AI legislation, which would influence lawmaking in other jurisdictions, the so-called “Brussels Effect”. However, there are still a number of legislative steps pending before the EU AI Act comes into force, which will be applicable two years later, potentially in 2026.

The EU AI Law will apply to AI systems used, marketed and/or put into service, except for those intended for scientific research and development. The EU AI Law divides AI systems into four risk categories, based on their intended use and purpose, which are as follows:

  1. Unacceptable Risk:
    • Dark patterns
    • Handling
    • Social Score
    • Biometric identification, for law enforcement (with some exceptions)
  1. High risk:
    • Biometrics
    • Critical information infrastructures, road traffic, and the supply of water, gas and electricity
    • Education
    • Job vacancies
    • Essential private and public services
    • Application of the law
    • Migration, asylum, and border control management
    • Administration of justice and democratic processes
  1. Limited Risk:
    • “Chatbots”
    • Biometric categorization systems and emotion identification systems
    • “Deep fakes”
  1. Minimum Risk:
    • Other AI systems

AI systems will have to comply with the requirements and obligations applicable to their risk category. In a top-down analysis, Unacceptable Risk technologies are prohibited, except for biometric identification systems, provided that they meet certain conditions for their use. As for High Risk tools, they will have to obtain a conformity assessment from a third party, which means that the third party will verify whether the requirements established for high-risk AI systems are met. As for Limited Risk systems, they will have to ensure that users understand and use the system properly; this is the transparency standard. As for Minimal Risk technologies, they are encouraged to voluntarily comply with certain requirements established in the Codes of Conduct that will be drafted and published by the European Commission.

To whom will the EU AI Law apply?

The EU AI Law will apply, regardless of their physical location or place of establishment, to users, importers, distributors, product manufacturers and suppliers who place AI systems on the market or put them into service, only if the AI ​​system is used or produces its effects in the European Union.

Sanctions

Failure to comply with the provisions contained in the EU AI Act may be subject to administrative fines of up to €35 million or 7% of the total annual worldwide business of the previous fiscal year.

Important considerations

The EU AI Act is a milestone in the race to protect people's rights in the face of this new technology that is often not understood by most people. Differentiating between types of AI and their respective risks is a wise approach, given the variety of aspects that AI systems can have, so their legal treatment and corresponding requirements should not be the same.

However, this industry itself is highly complex to understand and is evolving day by day, which could lead to potential difficulties when implementing this legislative proposal, due to some original errors derived from the lack of specialization of legislators and adjudicators (judges). While it was a challenge for the former to understand the object to be regulated through this law, it will be a challenge for adjudicators to decide on a case-by-case basis. Even with the help of people specialized in the subject, it will be a challenge to overcome these circumstances; sometimes not even the developers understand how their own AI systems work, which is called a “black box.”

On the other hand, although the EU AI Law aims to influence and export its provisions to foreign legislations, it is true that this does not have to be the case, at least not in its entirety. The reason for the latter is that each jurisdiction or region has different situations and needs, and it may even be that some of the country's innovative goals are not aligned with parts of the content of the law under study.

In our opinion, establishing a series of requirements and obligations for technology developers may discourage them from creating and launching new programs, and may be a blow to their innovative capacity, considering that many of them do not have sufficient resources to comply with such a complex regulatory framework or to pay for legal services in this area.

That said, it might be prudent to monitor the state of the tech industry in Europe after the EU AI Law comes into force and becomes applicable. The effects of this body of legislation will tell us what benefits and drawbacks it brings to the practical world.

Publication link:
https://ec.europa.eu/commission/presscorner/detail/es/ip_23_6473.

Hurricane Acapulco 1

Legal Guidance Guide for Hurricane Otis Victims

Written by Santamarina + Steta en . Published in Updates.

In collaboration with the Pro Bono Standards Mexico, the Fundación Barra Mexicana, AC, the Appleseed Mexico Foundation, AC, as well as the Mexican Pro Bono Center, A.C., as well as with the valuable participation of the legal community and Santamarina + Steta, we present the “Legal Guidance Guide for Hurricane Otis Victims,” made in November 2023. Just like the “Infographics to support victims of Hurricane Otis"which are based on the Guide. 

The purpose of this Guide is to provide information on important aspects that people affected by Hurricane Otis need to know in order to deal with the damage they unfortunately suffered, since many of the actions they must take have legal aspects that they must be aware of in order to access their rights. 

This joint effort reflects the solidarity of the organized legal community in Mexico, that, working from pro bono and coordinated manner, seeks to be a fundamental support for the affected communities in Guerrero.

Find out and download the Guide here:

Legal Guidance Guide for Hurricane Otis Victims

In addition, we invite you to review and share with those who need it most the infographics:

Infographics to support victims of Hurricane Otis

We appreciate the support of Claudia Rodriguez, Roberto Fernandez del Valle, Heriberto Garza, Maria Elena Abraham, Julio Butron, Marcela de la Peña, Mauricio Barraza, Rodrigo González, Francisco Aguilar and Abel Leal.

UPDATE NEW MINIMUM WAGES FOR 2024 SITE 1

New Minimum Wages for 2024

Written by Santamarina + Steta en . Published in Updates.

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Executive Summary:

  • The Council of Representatives of the National Minimum Wage Commission set the minimum wages that will apply from January 1, 2024.
  • From that date, general minimum wages and general minimum wages for professions, trades and special workers will increase by 20%.

The Council of Representatives of the National Commission on Minimum Wages (“CONASAMI”) published, in the Official Gazette of the Federation, the resolution through which it sets the minimum wages that will govern as of January 1, 2024.

From that date, general minimum wages will increase by 20%, and will therefore be as follows:

  • Northern Border Free Zone (ZLFN): $374.89 pesos per day. 1
  • Rest of the country: $248.93 pesos per day. 2

The amount of the general minimum wage results from three components.

  • Current minimum wage (SGMV) as of January 1, 2023
    • ZLFN: $312.41 MN
    • Rest of the country: $207.44 pesos.
  • Independent Recovery Amount (MIR)
    • ZLFN: $41.26 MN
    • Rest of the country: $27.40 MN
  • Increase factor for fixation equal to 6.0% on the SMGV and the MIR.
    • ZLFN: $21.22 MN
    • Rest of the country: $14.09 MN

Likewise, general minimum wages for professions, trades and special workers will also have a 20% increase in both geographical areas.

The composition of the new minimum wage is relevant since the MIR is a fixed amount that aims to contribute to the recovery of the purchasing power of the minimum wage, therefore, according to CONASAMI itself, it should not be used as a reference to set increases in other wages in force in the labor market.

If you require additional information, please contact the partner responsible for your affairs or one of the partners mentioned below:

  1.  It is made up of the following municipalities: Ensenada, Rosarito Beaches, Mexicali, Tecate, Tijuana, San Quintin and San Felipe, in the State of Baja California; Anahuac, in the State of Nuevo Leon; and Nuevo Laredo, Guerrero, Mier, Miguel Aleman, Camargo, Gustavo Diaz Ordaz, Reynosa, Rio Bravo, Valle Hermoso and Matamoros, in the State of Tamaulipas.
  2.  Made up of the rest of the country's municipalities and the territorial demarcations of Mexico City that were not listed in the previous point and make up the Mexican Republic.
DEAL ANNOUNCEMENT BANORTE INNOVA SPORT ARTES SITE 1

Banorte leads Syndicated Credit for $5 billion pesos with Innovasport

Written by Santamarina + Steta en . Published in Deal Announcements.

Santamarina + Steta acted as external legal advisor to BANORTE as administrative agent, structuring agent and creditor, and to BBVA, HSBC, SABADELL, SCOTIABANK and BANBAJIO as creditors, in the execution of a simple credit opening contract with Innovasport, as borrower, for up to $5,000 MN.

We appreciate the trust placed in us by Banorte and the syndicated banks to support them in this important operation.

The Santamarina + Steta team involved in the operation was led by Juan Carlos Machorro, Ricardo Orea, Margarita Casarin e Inigo Garcia.

UPDATE SAT TAX INCENTIVES SITE 1

SAT establishes rules for the application of recently issued tax incentives

Written by Santamarina + Steta en . Published in Updates.

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Executive Summary:

  • On December 5, 2023, the Ninth Resolution of Modifications to the Miscellaneous Tax Resolution (RMF) for 2023 was published, through which the Tax Administration Service (SAT) announced some rules for the application of the recently issued tax incentives:
    • Tax incentive for activities in the Development Poles for the Well-being of the Isthmus (PODEBI) of Tehuantepec. 
    • Fiscal stimulus to encourage investment in the export industry and support the relocation of investments.
    • Fiscal stimulus to support areas affected by the hurricane in Acapulco.

FISCAL INCENTIVES OF THE ISTHMUS OF TEHUANTEPEC

Applicability of the Fiscal Stimulus: The ISR incentive can be applied to income obtained from the fiscal year in which the certificate proving compliance with the incentive requirements is obtained. The benefits can be applied from the date on which the obligation to submit the provisional ISR payment corresponding to the month in which the certificate is obtained is required and must be declared in the pre-filled fields of the corresponding declaration.

In terms of VAT, it can be applied from the date on which the certificate is obtained and for four years, and it must be declared in the pre-filled fields of the corresponding final declarations.

Declarations for provisional ISR payments: Provisional payments must be made through a special declaration, in accordance with your tax regime.

Loss of right: When the aforementioned credits are not applied in the normal declaration of the fiscal year or monthly provisional or definitive payment, the right will be lost for the fiscal year or month in which the incentive was not applied, and it cannot be applied later in any other fiscal year or month.

Determination of ISR and provisional payments: Only income and deductions associated with productive economic activities carried out within the PODEBI should be considered. It is essential to maintain detailed and separate accounting records for these operations, ensuring that PODEBI income and deductions are clearly identifiable. 

Various application rules: Certain rules are also detailed, such as the need for documentation to prove that the fixed assets acquired are new, the procedures for the cancellation or revocation of the certificate, the issuance of CFDI in VAT matters, and the control of the exit, entry and transfer of goods.

TAX STIMULUS FOR THE EXPORT INDUSTRY

Notice for the application of the Stimulus: The notice must be submitted in accordance with form 1/DEC-13 of Annex 1-A of the current RMF. 

Specific registration: The obligation to maintain a detailed accounting record of both the fixed assets and the training expenses that are related to the stimulus is established.

Non-compliance with requirements: The procedure for calculating ISR is established when the requirements for the immediate deduction of investment in new fixed assets are not met.

Start of operations: It is specified that, for those who start operations between 2023 and 2025, the training expenses incurred in the year in which the stimulus begins to be applied will be considered as an 'increase'.

Acquired goods: The documentation is detailed to verify that the fixed assets acquired are new.

FISCAL STIMULUS TO SUPPORT THE ACAPULCO DISASTER

Utility coefficient: The procedure for calculating the utility coefficient is detailed for those who applied the immediate deduction for the investment in new or used fixed assets.

Filing Declarations: This article explains how to submit, in three installments, the deferred declarations for October, November and December 2023 related to salary withholdings, VAT and IEPS, as part of the application of the stimulus.

VAT Refund Request: A specific procedure is defined for the refund of VAT balances in favour, in the context of the stimulus, allowing the refund within half the period provided for in the regulations.

Deferral of payment in installments, authorized prior to October 25, 2023: The rules are established for taxpayers who have their tax domicile in the affected areas and have authorization for installment payment agreements for omitted contributions and their accessories prior to October 25, 2023.

Donor Reports: Authorized donors must submit a specific report on donations received for the reconstruction of Acapulco, as stipulated in the processing form 1/DEC-14 of Annex 1-A of the RMF. 

This form establishes the submission of two reports through the SAT Portal. The first report must cover the period from October 24 to December 31, 2023, while the second must cover the period from January 1 to June 30, 2024.