If we receive an inheritance or donations, we must know what the fiscal treatment of this is, although these could be exempt, we must know certain requirements such as declaring them before the SAT.
What is an inheritance?
First we must understand what an inheritance is for which we do not refer to article 1281 of the Federal Civil Code where the following is defined as inheritance:
"The inheritance is the succession in all the assets of the deceased, in all his rights and obligations that are not extinguished with death"
Should ISR be paid on income from an inheritance?
Section XXII of article 93 of the Income Tax Law establishes that this tax will not be paid on income received as an inheritance or legacy.
However, said income must be declared to the Tax Administration Service (SAT), article 150 of the LISR third paragraph states that Those who have received inheritance income greater than 500,000 pesos must declare it even when they are exempt.
What happens if I don't declare them?
In the event that income greater than 500,000 pesos is not declared, the SAT could collect the corresponding taxes or, if applicable, it could fall into a situation of fiscal discrepancy, since it would be having income greater than that declared.
Do I have to pay ISR for donations received?
In the case of donations, we must refer to section XXIII of article 93 of the LISR, which establishes that donations will not pay ISR in the following cases:
- Between spouses or those received by the descendants of their ascendants in a straight line, whatever the amount.
- Those who perceive the ancestors of their descendants in a straight line.
- Other donations, provided that the total value of those received in a calendar year does not exceed three times the general minimum wage of the geographic area of the taxpayer raised per year.
TAX ID MEXICO is a firm of public accountants specialized in tax advice for individuals and legal entities residing in Mexico and abroad.
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