Federal Official Gazette (DOF)
The Secretariat of Finance and Public Credit (SHCP), published in the Federal Official Gazette (DOF), the Agreement that determines the minimum amounts with respect to which the provisions of the Sole Chapter of Title Six of the Tax Code of the Federation, called On the Disclosure of Reportable Schemes.
It should be noted that, in November 2020, the general rules on the disclosure of reportable schemes were published. This refers to the obligation of tax advisers to report generalized and personalized strategies aimed at providing a tax benefit. However, the authority had not determined the minimum amount to report on these schemes, until February 2.
In this regard, three main conditions are established that must be met so that tax advisors do not report the schemes:
- The tax benefit must be less than 100 million pesos.
- The scheme used must be personalized for the taxpayer.
- The schemes used by the same taxpayer should not achieve a tax benefit greater than 100 million pesos.
** Note: The minimum amount of 100 million pesos will not apply in schemes that prevent foreign authorities from exchanging tax information with Mexican tax authorities. In these cases, the schemes must always be reported.
Although the law does not expressly indicate this obligation in charge of the IMMEX Companies, when interpreted it is concluded that, effectively, they must comply with the reportable schemes in relation to the issue of permanent establishment, equipment and machinery that they have imported temporarily.
As a result, uncertainty, discontent and opinions have been generated regarding different associations, among them, the Fiscal Committee of INDEX, the association that represents IMMEX companies, since it argued before the SAT that maquiladora companies should not present the schemes; This is due to the legal and economic relationships that govern maquila operations under the ISR Law. The main point is that for machining inventories, machinery and equipment that are owned by the foreign resident with whom the contract is had must be used. As all this is contemplated in the law and is necessary for the maquiladora, it is not possible to speak of a strategy that gives a fiscal benefit, according to the Fiscal Committee.