Tax Provisions for VAT in Mexico (Cap VII – VIII – IX). Presentation

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CHAPTERS: VII, VIII AND IX L.I.V.A.

Article 32. – Those obliged to pay this tax and persons carrying out the acts or activities referred to in article 2o.-A have, in addition to the obligations set out in other articles of this Law, the following:

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I. Carry Accounting in accordance with the Federation’s fiscal Code and its rules of procedure.

II.-To Carry Out, in the case of Commissioners, the separation in their accounts and records of the operations carried out on their own account of those which they carry out on behalf of the client.

III. Issue and deliver tax receipts.

IV. To Present in the authorized offices the declarations indicated in this law. If a taxpayer has several establishments, he/she will present a single payment statement for all of them in the authorized offices corresponding to the taxpayer’s fiscal domicile.

V. Issuing tax receipts for tax withholdings in the cases provided for in article 1o.-A, and providing monthly to the tax authorities, through electronic means and formats that indicate the administration service Information about the persons who have been withheld from the tax established in this law, no later than the 17th of the immediate month after that information is applicable.

VI. Persons who carry out on a regular basis the withholdings referred to in articles 1o.-A and 3, Third paragraph of this Act, shall submit notice of this to the tax authorities within 30 days of the first retention made.

VII. Provide the information that the value-added tax is requested in the income tax returns.

VIII. To Provide monthly to the tax authorities, through the electronic means and formats that indicate the tax administration service, the corresponding information about the payment, withholding, accreditation and transfer of the tax to the value Aggregated in operations with its suppliers, disaggregating the value of acts or activities by rate to which the value added tax was moved or transferred, including activities for which the taxpayer is not obligated to pay.

PAYMENT OF THE TAX ON THE DISPOSAL OF GOODS OR THE PROVISION OF SERVICES IN AN ACCIDENTAL MANNER.

Article 33: When A good or a service is alienate in an accidental manner, for which tax is payable under the terms of this Act, the taxpayer shall pay it by means of a declaration to be submitted to the authorized offices within 15 days after The one in which it obtains the consideration, without which against such payment is accepted accreditation. In the occasional imports the payment will be made as stipulated In article 28 of this Law. In These cases you will not make a monthly statement or carry Out accounting; It shall, however, issue the tax receipts referred to in article 32 (III) of this Law and keep them for the period referred to in article 30, third subparagraph of the Federation’s Fiscal Code.

INCOME IN GOODS OR SERVICES

Article 34: Where The consideration paid by the taxpayer for the disposition of goods, the provision of services or the granting of the temporary use or enjoyment of goods, not in cash or in cheques, but wholly or partly in other goods or services, is It shall consider as the value of the market or in its defect the valuation. The same values shall be taken into account in the case of activities for which the tax established in this Law should be paid, where there is no consideration.

In swaps and in-kind payments, the value-added tax shall be paid for each asset whose property is transcribed, or whose use or temporary enjoyment is provided, or for each service rendered.

Abrogation: It Is called abrogation, in Law, to the procedure through which it is left without validity to a normative disposition, either of rank of law or inferior. The Repeal is therefore the action contrary to promulgation.

In General, it can be said that the legislature or the agencies, responsible for making the changes in the laws or norms, have the power to promulgate and finalize them. Therefore, the legislature can enact and repeal rules with a range of law, just as the executive power can enact and repeal rules with regulatory rank.

However, there is also in some legal systems the figure of the negative legislator, which consists of an organ that has the capacity to repeal rules, but not to promulgate them. It Would Be The case of a Constitutional Court with respect to those laws which it understands that they infringe the Constitution in force in the country.

CHAPTER VIII: FROM THE FACULTIES OF THE AUTHORITIES

ARTICLES: 38.39 AND 40

Art. 38.-Repealed DOF 31/12/1981

Art. 39.-

The amount of the presumptive determination of the value of the acts or activities for which the tax is to be paid under the terms of this law shall apply the tax rate corresponding to it and the result shall be reduced with the creditable amounts that s and check.

Art. 40.0-Repealed DOF 31/12/1981

ART. 41: COORDINATION AGREEMENT WITH THE STATES.
DO NOT MAINTAIN LOCAL OR MUNICIPAL TAXES ON:

ART. 42: WHAT TAXES ARE EXEMPT FROM THE PROVISIONS OF THE PRECEDING ARTICLE.

ART. 43: OPTION OF THE FEDERAL ENTITIES TO ESTABLISH CEDULARES TAXES ON THE INCOME INDICATED AND OBTAINED BY THE NATURAL PERSONS.

The Schedular Tax is given that name because The same person can have different professional cards and for each of these activities will pay a tax of between two and five percent.

So we can say that cedulares taxes are those that tax income:

* For The provision of professional services
* For the granting of temporary use or enjoyment of real estate
* For The disposal of real estate
* For Business Activities

In all cases the subjects of the schedular tax are the natural persons only, that of course, they receive income by these activities.

Each of the Federative entities will decide which rate is applied, «but it can never be less than two percent or more than five percent.»

However, the Schedular tax does not apply to all States, but to those who have signed an agreement with the Federation to collect them at the fundraising offices of each state.

To this day, the states that are within the agreement and apply cedulares taxes are:

* Chihuahua
* Guanajuato
* Guerrero
* Nayarit
* Oaxaca
* Quintana Roo

Cedulares taxes are also known under the name of analytical taxes, which is that the law tax separately the different types of rents that are perceived.

EXAMPLE: Tax schedular for leasing of real estate

The determination of the schedular tax of a natural person who obtains income by granting the use or temporary enjoyment of real property (lease), is applied in the Federal Entity where owns the goods and is taxed with a rate of 5%:

Operation Concept Base Quantity: Monthly Income 85,000.00 Less: Optional deduction of 35% 29,750.00 Less: Property Tax 750.00 Equal: Taxable Base 54,500.00 By: Tax Rate schedular 5% Equal: Tax schedular in charge 2,725.00.

 

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