The disposal referred to in this section must be made before the public purse, and the person concerned must prove that he is the holder of such rights. The fiscal result of the exercise will be determined as follows: I. Taxpayers who suffer losses in the disposal of real estate, shares, social parts or certificates of equity issued by national companies credit, such losses shall be reduced in accordance with the following: I. The loss referred to in the preceding paragraph, as well as the exchange loss that the taxpayer may obtain, may be reduced from the cumulative interest that you perceive in the terms of this Chapter. Taxpayers may apply for the practice of an endorsement by a public broker entitled or credit institution, authorized by the tax authorities. later. For the purposes of this article, it is considered net fiscal utility of the financial year, the amount that is obtained from subtracting the tax result from the financial year, the income tax paid in the Article 9 of this Law, the amount of non-deductible items for the purposes of the tax, except those mentioned in Article 28 (VIII) and (IX) of the Law cited, the participation of workers in the profits of the undertakings referred to in Article 9 (I) of the same Article, and the amount to be determined in accordance with the following paragraph. In the case of taxes withheld in countries with which Mexico has extensive information exchange agreements, a record of retention shall be sufficient. IV. XI. Against the tax payable under the terms of the preceding paragraph, provisional payments may be credited performed by the moral person. c) Information and documentation on related party transactions and their amounts, for each related party and for each type of transaction according to the The income received as donations referred to in Article 93 (XXIII) (a) of this Law is exempted from the payment of the tax. 5. For the purposes of this article, it will not be considered dividends or distributed profits, the participation of workers in the profits of companies. to host, host or provide accommodation in any form, to persons other than the taxpayer, as well as other ancillary rights, where appropriate, for a specific period at intervals previously established, determined or determinable. For taxpayers whose preponderant activity consists in the granting of the use or temporary enjoyment of aeroplanes or automobiles, they may carry out the total deduction of the original amount of the investment from the aircraft or car concerned, except where such taxpayers grant the use or temporary enjoyment of aircraft or cars to another taxpayer, where any of them, or their partners or shareholders, whether they are partners or shareholders of the other, or there is a relationship that in fact allows to one of them exercise a preponderant influence on the operations of the other, in which case the deduction will be determined in the terms of the first paragraph of this fraction, for the case of airplanes and in the terms of the fraction II of this article for the case of cars. Independent personnel. In the latter case, the amount to be reduced shall be updated from the last month of the year in which it was determined and until the last month of the year in which it is reduced. To the pending tax losses as referred to in the previous paragraph, the amount of the losses applied by the moral person will not be reduced the effects of the provisional payments in respect of the months of the financial year concerned. XXX. III. 5% in the generation, driving, processing and distribution of electricity; in the milling of grains; in the production of sugar and its derivatives; in the manufacture of edible oils; in sea, river and lake transport. Except as provided in the preceding paragraph to credit institutions and stock houses, residents of the country, who make interest payments spouse or the person with whom they live in concubinage or are family consanguineos in ascending or descending straight line, collateral or affinity, up to the fourth grade. The moral persons referred to in the foregoing Article shall determine the distributable remainder of a calendar year corresponding to its members or shareholders, decreasing from the income earned in that calendar year. A fiscal stimulus will be granted to those who hire older adults, consisting of the equivalent of 25% of the salary effectively paid to people 65 and older. The option referred to in this paragraph may also be applied by natural or moral persons who are members of a single coordination. Investments in constructs, including additions and enhancements. Article 76, section IX of the Mexican income tax law (effective for FY 2022) expressly requires taxpayers to include in their transfer pricing documentation, all cross-border and domestic intercompany transactions. For the purposes of this Law, securities depositaries are considered to be the credit institutions, the companies operating companies of investment, the distribution companies of shares of investment companies, stock houses and institutions for the deposit of securities of the country granted by the Federal Government in accordance with the provisions of the Law on the Market of Securities, which provide the service of custody and administration of titles. XII. disposal to third parties. The provisions of this fraction shall not apply where the taxpayer is not entitled to credit those taxes which have been transferred to him or which he paid on the basis of the importation of goods or services, corresponding to deductible expenses or investments in the terms of this Act. Submit, by 15 February of each year, to the tax authorities and by means of the official form which the authorities approve, the following information: a) The outstanding balance at 31 December of the previous year, of loans granted to you or guaranteed by residents abroad; and. Article 41. Taxpayers subject to a tender procedure, may decrease the amount of the debts forgiven under the agreement signed with their creditors The Federation, the federal entities, the municipalities, and the institutions that are obliged to provide the Federal Government with the full amount of its remaining operational funds, will only have the obligations to retain and find out the tax and require tax vouchers when making payments to third parties and are obliged to them in terms of law. The losses arising from the disposal of shares shall be updated from the month in which they occurred and until the month in which the deconsolidation takes place. The capital remittance account referred to in this article shall be added to the received capital remittances from the central office of the company or from The amounts that correspond to the taxpayer in his or her character as a condomino or trustee of a property for lodging, granted in The disposal of shares issued by Mexican companies or of securities that represent exclusively such shares, provided that the disposal of the shares or securities cited is carried out in stock exchanges or derivatives markets located in recognized markets referred to in section II of Article 16-C of the Fiscal Code of the Federation of countries with which Mexico has a treaty in force to avoid double taxation. The amounts recovered by insurance, sureties or liabilities from third parties, in the case of losses of the taxpayer's property the business activity or the professional service. prior to the date on which the dividend or utility concerned is paid. When a deduction is generated on the basis of a change in the inventory valuation method, the deduction must be decreased proportionally in the following five years. D: Dividend or utility distributed by the resident society abroad to the moral person residing in Mexico without reduce the retention or payment of income tax that has been effected by its distribution. They shall also be considered as income as referred to in the preceding paragraph, the consideration obtained by a resident abroad for granting the right of use or enjoyment and other rights that are agreed upon. b) When you perceive this income as a partner or shareholder in more than 10% of the social capital of the moral person making the payments. For the purposes of the provisions of Article 62, part IX of the Income Tax Act, they shall be deemed to be those tax losses that would not have been diminished in their entirety and that were obtained in accordance with the provisions of Article 61 of the Income Tax Act that is repealed. The provisions of this fraction shall not apply to the machinery and equipment specified in section II of this Article. Control shall be understood when one of the parties has on the other the effective control or the control of the administration, to the extent that it may decide the timing of distribution or distribution of income, profits or dividends, either directly or by person. The utility coefficient shall be calculated for the last 12-month financial year for which a statement was or should have been made. VIII. For the tax utility that is obtained under the fifth paragraph of this article, the following applies: The tax to be determined may be reduced in accordance with the percentages and according to the number of years that are taxed under the scheme provided for in this Section, according to the following: Against the reduced tax, no credit or rebate can be deducted for exemptions or subsidies. To determine the credit retention for each member or shareholder, the investment companies in debt instruments shall divide the tax corresponding to the interest The number of shares in circulation at the end of each day is subject to daily tax. V. That are properly recorded in accounting. Article 38. The moral persons who distribute advances or yields in the terms of Article 94 (II) of this Law shall add to the tax utility or On September 8, the Mexican Ministry of Finance submitted to Congress the proposed budget for the year 2022. The taxpayer may only dispose of the goods and securities referred to in section II of this Article for the payment of pensions or II. In the case of investment projects in national film production the amount of stimulus will not exceed 20 million pesos for each taxpayer and investment project. II. property or rights. It is considered real interest, the amount in which interest exceeds the inflation adjustment. at least 51%. through which the taxpayer made the transactions that generate income, for the purposes of determining the lower income tax referred to in this article. In the case of settlements that are issued in the terms of the sixth paragraph of Article 73 of this Law, the record referred to shall be made in a comprehensive manner. The pattern that contracts people with motor disabilities and who, in order to overcome it, requires permanent use of prostheses, crutches or wheelchairs; mental; hearing or language, in eighty percent or more of the normal capacity or in the case of blind persons, may deduct from their income an amount equal to 100% of the income tax of these workers retained and learned under Chapter I of Title IV of this Law, provided that the employer is in compliance in respect of such workers with the obligation contained in Article 12 of the Insurance Act Social and also obtain from the Mexican Social Security Institute the worker's disability certificate.
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