8 points of the Trust Regime for Legal Entities in Mexico 2022

Hector Galicia

Contador Público con mas de 15 años de experiencia asesorando clientes nacionales y extranjeros. Actualmente se desempeña como socio fundador de la firma de contadores Públicos Tax ID México. info@taxid.mx

septiembre 11, 2022

We present you the main points that you should know about the new simplified regime of trust that would apply to legal entities from the year 2022.

The initiative with Draft Decree presented by the executive power to the Chamber of Deputies on September 8, 2021, contemplates the creation of a new tax regime of trust for natural and legal persons, in this article we have compiled 8 points that we consider are of relevance of this regime for legal entities that started on January 2022, which we present below:

  1. This new regime would apply to taxpayer’s legal entities that are only constituted by natural persons and whose total income does not exceed thirty-five million pesos in the year, which according to the Mexican authorities represents 96% of the total of the taxpayer’s legal entities in the country.
  2. The accumulation of income and deduction of expenditures will occur until these are received and paid (cash flow), this would allow not to pay 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, new depreciation rates are proposed, such as 25% for office furniture and equipment and 50% for desktop and laptop personal computers, as long as the investments in the year do not exceed three million pesos.
  4. Elimination of the deduction of bad accounts and the cost of sales, since the income will accumulate when it is actually collected and the deductions would be reduced from the income when paid, so that these concepts would no longer converge with the new regime.
  5. You will have the obligation to present provisional payments, which will be calculated as follows: reducing from your income the authorized deductions, the participation of the workers in the profits and, where appropriate, the tax losses of previous years pending application, the result must be applied the rate contained in article 9 of LISR (30%),  granting the possibility of crediting the provisional payments made previously, withholdings, among others.
  6. The information contained in the CFDIs will be preloaded.
  7. It is proposed to incorporate a second paragraph to section I of article 17-H BIS of the Fiscal Code of the Federation (CFF), to establish a case of restriction of CSD when the omission of three or more-monthly payments, consecutive or not, of the tax or the annual declaration, for taxpayers who pay taxes in this new regime is detected.
  8. The following may not be taxed under the trust regime:
    • Legal entities when one or more of their shareholders or members participate in other commercial companies, where 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 (LISR).
    • Credit, insurance and surety institutions, general warehouses, financial lessors and credit unions.
    • Legal entities that are taxed in accordance with the optional regime of accumulation of income.
    • The coordinated.
    • Taxpayers of the regime of agricultural, livestock, forestry and fishing activities.

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