SAT establishes rules for the application of recently issued tax incentives

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.