Tax News Bulletin September 2024

Tax Updates Newsletter September 2024

In this edition, you will find a detailed analysis of the latest tax updates, including legislative changes, new regulations, and tax optimization opportunities.

Tax Administration Service (SAT) Portal

Section for the submission of the informative declaration of transactions with third parties (DIOT)

Through a message on its website, the SAT informs us that from October 1 at 11:00 p.m. to October 8 at 11:30 p.m., this section will be under maintenance. During this period, it will not be possible to submit these reports.

Section for the submission of monthly declarations

In September, there were again issues with the SAT application used to submit monthly provisional and definitive payments declarations. Despite this, the SAT did not issue any statement on the matter. However, on the “X” platform, several users commented, requesting that the declaration submissions be allowed, to which the response was to "try during the day," without offering payment extensions due to these issues or restoring the portal during business hours.

TAX OBLIGATIONS AND COMPLIANCE:

Provisional or Definitive Payments

Provisional or definitive payments must be made no later than the 17th of the month following the corresponding payment period. However, the deadline may be extended for some taxpayers depending on the sixth numeric digit of the Federal Taxpayer Registry (RFC), in accordance with Article 5.1 of the "Decree compiling various tax benefits and establishing administrative simplification measures" published on December 26, 2013:

Informative Declaration of Transactions with Third Parties

Report the payment, withholding, crediting, and transfer of VAT on transactions with suppliers no later than the month following the corresponding period: The report must be filed by October 31, 2024.

Multiple IEPS Informative Declaration

Taxpayers must report the individuals to whom they have transferred the tax in the period being declared. Taxpayers required to submit quarterly reports must file the report for the third quarter of the current year by October 31.

IMPORTANT ADJUSTMENTS TO THE DRAFT RMISC 2024

Monthly Payments under the Simplified Regime for Individuals

Starting with the 2024 fiscal year, individuals in the Simplified Trust Regime will consider the monthly payment they make under Article 113-E, paragraphs four and five of the Income Tax Law (ISR), as final. Therefore, they will be exempt from submitting the annual return mentioned in Article 113-E, paragraph four, 113-F, and 113-G, section VII of said law, but only for income related to the Simplified Trust Regime.

Taxpayers conducting activities in co-ownership under the Simplified Trust Regime may choose to file their annual return. Individuals exclusively engaged in agricultural, livestock, forestry, or fishing activities must file their annual return.

Taxpayers Eligible for the Simplified Trust Regime for Individuals

Section III is adjusted, and a Section IV is added to establish taxpayers eligible to file under the Simplified Trust Regime for Individuals (RESICO-PF). The changes are as follows:

• Production cooperative members composed solely of individuals and engaged exclusively in agricultural, livestock, forestry, and fishing activities, under Article 74, sections I and II of the Income Tax Law (LISR), may benefit as long as they comply with their tax obligations independently.
• Members or shareholders of credit unions exclusively engaged in agricultural, livestock, forestry, or fishing activities, provided they do not receive income from these legal entities.

It is worth mentioning that these taxpayers must now submit a clarification case through the SAT portal.

CFDI CANCELLATION: DEADLINES AND TIMING

CFDI issuers must make modifications or cancellations of invoices no later than the month in which the annual return is filed to avoid penalties for doing so outside the established deadline.

It is important to remember that when canceling an invoice, the issuer must specify the reason for the cancellation using the following keys:

Cancellation of CFDI with Credit Note

The issuance of an expense voucher may be done to correct or reduce an income voucher concerning the amounts reflected. However, it is incorrect to issue a credit note to cancel the CFDI and avoid the accumulation of the represented amount, as the CFDI remains valid in the SAT system. This means that it continues to generate all corresponding tax effects, including the accumulation of income and, if applicable, the improper deduction by the recipient. To avoid accumulation and payment of the tax, it is essential that the CFDI has a "canceled" status.

The fine for canceling a CFDI outside the deadline is between 5% and 10% of the value of each invoice. This penalty is established in the Federal Tax Code (CFF), Articles 81, section XLVI, and 82, section XLII.

INVITATION LETTER: DISCREPANCIES BETWEEN INCOME AND THIRD-PARTY DIOT

The Tax Administration Service (SAT) has sent invitation letters to taxpayers highlighting discrepancies between the amounts declared for Value Added Tax (VAT) and those reported by their clients in the Informative Declaration of Transactions with Third Parties (DIOT). These situations can arise for several reasons. Firstly, it could be due to an error by the client when completing their DIOT, such as incorrectly entering the RFC, which can cause problems for the supplier. On the other hand, it could also result from the supplier not fulfilling the payment of the corresponding contribution.

As can be seen, the Authority is not limited to reviewing only the information in the income CFDI and payroll receipts, as well as discrepancies between what is declared and what is withheld for wages or similar payments. It is expanding its focus by using other tools and is likely to continue doing so in the future, incorporating more resources and powers into the tax review process.

To allow taxpayers to correct or clarify inconsistencies identified by the authority, the SAT was asked to include information in the invitation letters about the third parties who submitted the DIOT related to these inconsistencies.

Thus, if taxpayers are unaware of which suppliers are reported in the DIOT, they can obtain this information through the communication clarification procedure.

This Newsletter is prepared by AS Consulting Group
Written by: C.P. Samantha Hernández and L.C. Mariana García

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We are AS Consulting Group, a member of SMS Latin America, a firm specializing in accounting services, tax advisory, financial, legal, labor, foreign investment, and consulting for SMEs, both national and foreign, in Mexico since 1991, ensuring the peace of mind and growth of your business. Being a member of SMS Latin America allows us to have a presence in more than 21 countries and be part of the Forum of Firms, an IFAC (International Federation of Accountants) committee.

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This publication contains general information for informational purposes only, and neither AS Consulting Group, Arreguin Sánchez and Associates, SMS Latin America, nor their member firms or any of their respective affiliates provide advice or services through this publication. Before making any decisions or taking any action that may affect your finances or business, you should consult a qualified professional advisor. No entity shall be responsible for any loss suffered by any person or entity that consults this publication.