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Relevant Aspects of the Reportable Schemes

Definition of Scheme Art. 199 CFF:

A scheme is considered to be any plan, project, proposal, advice, instruction or recommendation issued expressly or tacitly in order to materialize a series of legal acts. It is not considered a scheme, carrying out a procedure before the authority or the defense of the taxpayer in tax disputes.

What is considered a Reportable Scheme?

Art. 199 CFF A reportable scheme is considered to be any that generates, or may directly or indirectly generate a fiscal benefit from Mexico.

Tax Benefit Art. 5-A CFF:

Tax benefits are considered any reduction, elimination or temporary deferral of a tax. This includes those achieved through deductions, exemptions, non-taxations, non-recognition of an accruable gain or income, adjustments or absence of adjustments to the tax base of the contribution, the crediting of contributions, the recharacterization of a payment or activity, a change of tax regime, among others.

Types of Reportable Schemes Art. 199 CFF:

Generalized Reportable Scheme:

They are those that seek to market themselves massively to all types of taxpayers or to a specific group of them, and although they require minimal or no adaptation to adapt to the specific circumstances of the taxpayer, the way to obtain the tax benefit is the same.

Custom Reportable Scheme:

Custom reportable schemes are understood as those that are designed, marketed, organized, implemented or managed to adapt to the particular circumstances of a specific taxpayer.

What is a Tax Advisor?

Art. 197 CFF Any natural or legal person who, in the ordinary course of their activity, carries out tax advisory activities, and is responsible for or is involved in the design, marketing, organization, implementation or administration of the entirety of a reportable scheme or who makes the entirety of a reportable scheme available for implementation by a third party.

The tax advisors required under this Chapter are those who are considered residents from Mexico or residents abroad who have a permanent establishment in national territory, provided that the activities attributable to said permanent establishment are those carried out by a tax advisor.

Obligations of Tax Advisors:

Tax advisors are obliged to disclose the generalized and personalized reportable schemes referred to in this Chapter to the Tax Administration Service.

When several tax advisors are obliged to reveal the same reportable scheme, it will be considered that they have complied with the obligation indicated in this article, if one of them reveals said scheme on behalf of all of them.

In this sense, when a tax advisor, who is a natural person, provides tax advisory services through a legal entity, he will not be required to disclose, provided that said legal entity discloses the reportable scheme for being considered a tax advisor.

Schemes that must be reported Art. 199 CFF:

  • Prevent foreign authorities from exchanging tax or financial information with Mexican tax authorities.

  • Avoid the application of Article 4-B or Chapter I of Title VI of the Income Tax Law.

  • Consists of one or more legal acts that allow tax losses pending reduction of tax profits to be transmitted to persons other than those who generated them.

  • Consists of a series of interconnected payments or operations that return all or part of the amount of the first payment that is part of said series, to the person who made it or any of its partners, shareholders or related parties.

  • Untaxed or reduced rate income.

  • Operations between related parties in which intangible assets difficult to value are transferred, corporate restructurings are carried out, in which there is no consideration for the transfer of assets, functions and risks or when as a result of said restructuring, they reduce their utility of operation in more than 20%, the use or temporary enjoyment of assets and rights are transferred or granted without consideration in exchange or services are provided or functions are performed that are not remunerated, there are no reliable comparables or a unilateral protection regime is used.

  • Avoid constituting a permanent establishment in Mexico.

  • Involves the transfer of a totally or partially depreciated asset, which allows its depreciation by another related party.

  • When it involves a hybrid mechanism (Art. 28, Section XXIII LISR).

  • Avoid identifying the beneficial owner of income or assets.

  • When there are tax losses whose term to reduce the tax profit is about to end.

  • Avoid the application of the additional rate of 10% for dividends.

  • In which the temporary use or enjoyment of an asset is granted and the lessee in turn grants the temporary use or enjoyment of the same asset to the lessor or a related party of the latter.

  • Involves operations whose accounting and tax records present differences greater than 20%.

Penalties Associated with Reportable Scheme (Art.82-D CFF)

In general, for taxpayers who do not disclose reportable schemes, an economic penalty equivalent to an amount between 50 and 75% of the amount of the tax benefit will be applied.

For the tax advisor, not revealing a reportable scheme, revealing it incompletely or with errors or doing so in an untimely manner, the penalty will be from 55,458.00 to 2,219,000.00

We inform you that this information provides general information based on the current laws and regulations, and in case of an individual report, be sure to receive advice from an expert before handling it.

Reproduction, partial or full distribution without the approval of Doowoo Accounting S de RL de CV is prohibited.

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