Federal Income Law 2013

Dated on December 17th, 2012, the Federal Income Law (FIL) was published in the Federal Official Gazette for the fiscal year 2013, afterwards the most relevant aspects will be mentioned:

Rates of charges (Article 8). The rate of charges continues during the year 2013 regarding the extension for the payment of tax credits, as well as the rates that apply when the installment payment is authorized:

Extension		0.75%
Default		1.13%
Installments	Up to12 Months	1.00%
Payments	More than 12 months up to 24 months	1.25%
Installments	Higher than 24 Months and deferred payments	1.50%

Reduction of formal fines. Fine payment reduction is maintained due to breaching of federal tax obligations different from payment obligations, except for:

• Those imposed by declaring tax losses in excess.
• Those imposed by opposing to the practice of a home visit and not supplying the authority the data and reports, accounting and the elements required to ensure the compliance with tax obligations.

Reduction of self – correction fines regarding home visit or tax advisory office(Article 15, second and third paragraph).

50% when  payment is made	40% when payment is made
After starting verification of powers and before the filing of the final home visit act or the delivery of remarks notice.	After filing the final home visit or the delivery of remarks notice, but before the notification of resolution stating the amount of missed contributions.

Tax incentives (Article 16). For 2013 the following tax incentives are held:
1)    Certification of IEPS versus Income Tax ITL for :

• The people performing company’s activities (except mining) acquiring diesel for its final consumption as machinery fuel in general, (except vehicles).
• By diesel acquisition for car’s use of public transportation and transportation of private people or loading.

2)    To request the returning of IEPS, instead of presenting it, for the people acquiring diesel for its final consumption in farm and forestry activities, having incomes that have not exceeded 20 times the general monthly salary corresponding to the geographical area of a high taxpayer of the year.

3)    Confirmation up to a 50% of the total expense for the fee payment of toll for taxpayers aimed to public and private transportation of loading or passengers.

Regulations related to interests. The amendments related to interest established in the ITL are extended to January 1st, 2014.

The withholding rate of annual ITL related to interest payment performed by the financial system institutions will be 0.60%.

During 2013 fiscal exercise, the real interest amount effectively paid by mortgage credits is determined by resting the amount of interest from inflation adjustment.
The 4.9% rate of Income Tax return withholding applicable to interest paid to foreign banks provided that the effective beneficiary of mentioned interest is living in the country where double taxation agreement is in force and entered with Mexico in order to avoid double taxation and complies with the established requirements in mentioned agreement.

Withholding rate and factors for 2013.  30% of the annual Income tax return rate will be held for the corporate entities. According to Income Tax Return Law the following factor shall be applied:

• 1.3889, the factor to be applied is 1.4286.
• 0.3889, the factor to be applied is 0.4286.

During 2013 the current fees of 2012 will be applied, refer to article 113 (withholdings and monthly payment tax) and article 117 (calculation of exercise tax).

List of concepts based on IETU calculation.  The easiness to present the information of the concepts listed which served as the basis for determining the Flat tax rate in the same timeframe that the annual statement or fiscal exercise is presented. It is noted that such information must be submitted even when in the Declaration of the year 2013 the result is not paying taxes.

Fiscal credit versus IETU. The regulation whereby fiscal credit arisen from deduction excess is prevail and can not be accredit provoked during the fiscal year when the credit was produced.   

Funds and retirement of retirement abroad.  During fiscal year 2013, entities having having pension funds and retirement from abroad as shareholders, for the calculation of the 90% of revenues from the alienation or leasing of land and buildings (constructions) located in the country, as well  as the alienation of shares, may exclude:

• The annual adjustment by accumulative inflation.
• Foreign exchange gain arising exclusively from the debts contracted for the acquisition or to earn income from the granting of the use or temporary use of land or buildings, located in the country.

IEPS Taxes (Article 21). For beer with alcohol content up to 14º GL:

• 2013: 26.5%
• 2014: 26%

For beverages and beer with alcohol content up to 20º GL:

• 2013: 53%
• 2014: 52%

Remission of fiscal credits (Article Transitory Third). Fiscal credits related to federal tax paying, compensatory fees, updating and fittings of both as well as the penalties by breaching federal fiscal obligations different from payment obligations in the following percentages, concepts and conditions:

• 80% of fiscal credits due to federal tax payments, compensatory fees and penalties for breaching of federal fiscal obligations different from payment obligations, updated casued before January 1st, 2007 as well as:
1. 100% of additional burden, additional burden for extension, penalties and execution expenses arisen from previous concepts.
2. 100% in case is arisen from a revision from fiscal years 2009, 2010 and 2011 and if it is stated that the taxpayer complies properly with its fiscal obligations and is updated on its fiscal obligations.

(To have the right of condonation, the non-condoned part shall fully pay in one exhibition).

• 100% of additional burdens and penalties arisen from fiscal credits by compensatory fees and federal contributions different from the ones than taxpayer shall withhold, move or collect as well as the penalties by breaching of obligations different from the payment, which have been arisen between January 1st , 2007 and December 31st, 2012. The taxpaying or compensatory fees shall be paid in only one exhibition.
• 60% of the penalties imposed during the fiscal year 2012 and 2013 by fiscal obligation breaching different from payment obligation, except for the ones imposed to state fiscal loses in excess provided that they are payable within the 30 following days to notification.

(To have the right of condonation, the non-condoned part shall fully pay in one exhibition).

Other considerations:

• Condonation will proceed either for fiscal credits by fiscal authorities determined by fiscal authority or self-determining by taxpayers.
• When differ fiscal credits or credits to be paid in installments, the condonation will proceed by the pending amount to be paid.
• The benefit may be obtained even when fiscal credits have been aimed of objection, provided that the objection has been finished either by a firm resolution or a disapproval. In case of fiscal credits handled by federal entities, the condonation shall be requested before corresponding federal entity.
• Fiscal credits paid or fiscal debts arisen from criminal judgment fines may not be waived
• SAT will issue the necessary rules to apply the condonation, which shall be published, at latest, March 2013.

Should you require further information on this publication, do not hesitate to contact Felipe Domínguez P. ,CPA, Partner & Director of the Fiscal Area: [email protected], or by telephone: + 52 (55) 3687 2700 ext. 2734; or María de Jesús Martínez, CPA – Tax Manager: [email protected], or by telephone:  + 52 (55) 3687 2700 ext. 2744.