We leave you the main points that you should know about the new simplified trust regime that would apply to legal entities as of fiscal year 2022. These are considerations that must be taken into account by taxpayers before the possible approval of the new Simplified Trust Regime ( RESICO) applicable to Moral Person.

The initiative with a Draft Decree presented by the executive branch to the Chamber of Deputies on September 8, 2021 contemplates the creation of a new trust tax regime for natural and legal persons, in this article we have compiled 8 points that we consider are relevant to this regime for legal persons which, if approved, would enter into force on January 1, 2022, which we present below:

1. This new regime would apply to legal entity taxpayers that are only constituted by natural persons and whose total income do not exceed thirty-five million pesos in the fiscal year, which according to the Mexican authorities represents 96% of the total number of legal entity taxpayers in the country.
2. The accumulation of income and deduction of expenses will occur until they are received and paid (Cash Flow), this would allow not paying taxes on income that has not yet been collected, benefiting some companies in their cash flows.
3. Reduction of the term for the deduction of investments, it is proposed new depreciation rates, such as 25% for office furniture and equipment and 50% for desktop and laptop computers, as long as the investments in the year do not exceed three million pesos.
4. Elimination of bad debt deduction and cost of sales, since the income will accumulate when it is actually collected and the deductions would be reduced from the income when they are paid, so these concepts would no longer converge with the new regime.
5. You will be required to present provisional payments, which will be calculated as follows: Decreasing authorized deductions from your income, the participation of workers in profits and, where appropriate, tax losses from previous years pending application, the rate must be applied to the result. contained in article 9 of LISR (30%), granting the possibility of accrediting provisional payments made previously, withholdings, among others.
6. It will count with the information preloading contained in the CFDI.
7. It is proposed to incorporate a second paragraph to section I of article 17-H BIS of the Federal Tax Code (CFF), to establish a case of CSD restriction when the omission of three or more monthly payments is detected, consecutive or not, of the tax or of the annual declaration, for taxpayers who pay taxes in this new regime.
8. They will not be able to pay taxes in the trust system:
   • Legal entities when one or more of their shareholders or members participate in other commercial companies, from which they have control of the company or its administration, or when they are related parties in the terms of article 90 of the Income Tax Law. Income (LISR).
   • Credit, insurance and surety institutions, general deposit warehouses, financial leasing companies and credit unions.
   • Legal entities that are taxed according to the optional income accumulation regime.
   • The coordinated.
   • Taxpayers of the regime of agricultural, livestock, forestry and fishing activities.

Conclusions

We invite our readers to analyze the changes proposed in the Draft Decree initiative to anticipate and learn about the effects that the approval of said changes in tax matters will have on our companies or clients, which, if approved, would come into force on the first day of January of the year 2022.

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