Chihuahua, Chih., December 11, 2020.
Dear Clients and Friends,
We hereby inform you that on December 08th of this year, the decree containing the tax reform for the 2021 fiscal year, which foresees amendments to the Income Tax Law, the Value Added Tax Law, and the Federal Tax Code, was published on the Federal Official Gazette; thus, we herein inform you some of the most relevant provisions foreseen:
- A section is added to Article 94 of the Income Tax Law which provides that, if the income earned by individuals as a result of the fees for the services rendered predominantly to a person, fees for the provision of independent personal services, or income from business activities, may only be considered to qualify in the Wage and Salary Tax Regime if their annual amount, individually or as a whole, does not exceeds 75 million Mexican pesos.
- Regarding tax refunds, amendments were made to the Federal Tax Code in order to foresee certain cases in which a refund request will be deemed as not filed, and therefore the term, for the tax authority’s obligation to refund the corresponding tax, will not be interrupted. Likewise, the period for the tax authority to issue the corresponding resolution, is now of 20 days.
- Two circumstances are added, which foresee that digital stamps for the issuance of Digital Invoices via Internet will be invalid; the first, if it is detected that the taxpayer issuing fiscal invoices has not refuted the presumption of non-existence of the operations referred thereto; and the second, referring to those cases in which the taxpayer has not refuted the presumption of improperly transmitting tax losses.
The decree containing the reform and its criteria will enter into force on January 1st 2021.
For more information on this topic, please contact Mr. Sergio Humberto Salas Medrano, Partner of the Fiscal and Administrative Area, at the email address ssalas@iclmx.com.
Lic. Sergio H. Salas Medrano.
Inintegrum Corporación Legal, S.C.
