Decree Grants Tax Incentives Pertaining to Mexican Income Tax and Single Rate Business Tax

March 14, 2008
Decree Grants Tax Incentives Pertaining to Mexican Income Tax and Single Rate Business Tax

On March 4, 2008, tax benefits relating to the Income Tax (Impuesto Sobre la Renta or ISR) and Single Rate Business Tax (ImpuestoEmpresarial a Tasa Única or IETU) were published in the Official Journal of the Federation and apply to individuals and entities carryingour business and professional activities in Mexico, as well as those parties who receive income from real property leasing activities. Thepurpose of such benefit is to stimulate economic activity and protect jobs in Mexico. With respect to the ISR, taxpayers may defer 3% oftheir provisional ISR tax payments during the period February through June, 2008. To determine provisional payments from Marchthrough December, 2008, taxpayers may apply the deferral cited above against payment of the provisional tax due for the month forprovisional payments of the same fiscal year as previously determined, that would have corresponded if the deferral had not occurred. Thestimulus also applies to the IETU so that the discount granted for ISR will not increase the amount of IETU due and owing. In addition, inorder to promote electronic tax filings, the Decree grants a tax credit to individuals who present their 2007 annual tax returns on time (notincluding taxpayers who work as independent contractors), which credit consists of a one-time $1,000.00 pesos amount against ISR and theAsset Tax (Impuesto al Activo or IMPAC) due for calendar fiscal year 2007. To take advantage of the electronic filing tax credit, taxreturns must be filed by Internet, utilizing the taxpayer’s advance electronic signature, on the Taxpayer Administration Service’s webpage,and provided the tax due is at least equal or greater to $1,000.00 pesos. If the tax to be paid is less than such amount, the tax credit will beequivalent to the amount due. Finally, it is worth noting that application of the benefits established in the Decree will not provide groundsfor any tax refund or reimbursement and will not be considered as taxable income under Mexico’s Income Tax Law.

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