Committee of the Treasury of Deputies approves eliminating withholding of ISR to sales by catalog


The Treasury and Public Credit Commission of the Chamber of Deputies approved this Wednesday, in general and in particular, the opinion with draft decree on the miscellaneous tax sent by the Executive, which makes changes to the laws of the ISR, VAT, IEPS and the Fiscal Code of the Federation.

Among the most relevant changes are the elimination of the withholding of Income Tax at catalog sales and that the Tax Administration Service (SAT) is empowered to issue rules that facilitate the payment of taxes.

The opinion obtained 18 votes in favor of Morena and the Social Encounter Party (PES), but also the votes against the National Action Parties (PAN) and that of the Democratic Revolution (PRD), as well as abstentions of the Institutional Revolutionary (PRI) ).

The commission sent the minutes to the Board of Directors to be discussed on Thursday during the session of the day, so the reservations that could exist by the legislators will be taken to the Plenary.

The opinion contains a total of 46 changes to 66 articles: to the ISR Law 14 adjustments were made in 24 articles; the VAT Law has 14 changes in 17 articles; The IEPS Law has 2 modifications in two articles; and to the Federation Tax Code (CFF) 16 adjustments were applied in 23 articles.

The president of the Commission, Patricia Terraza, listed the changes in the miscellaneous tax: among the main ones are those related to the Law of the ISR in the caption of interest deduction, because now companies will have 10 years to deduct interest instead of the three years proposed by the Executive through the Ministry of Finance and Public Credit (SHCP).

The Treasury proposed to limit the deduction of interest on adjusted fiscal profits generated by national companies and multinational groups to 30 percent, with adjustments now that limitation will not apply to the financial system, extractive industry in general and public debt.

Also in ISR the proposal of the Executive regarding the retention of that tax at catalog sales and the Tax Administration Service (SAT) is empowered to issue rules that facilitate the payment of taxes.

In digital platforms, natural persons will have the obligation to provide the RFC or be subject to a 20 percent withholding, otherwise, the table that appears in the law will be used with a maximum of 17 percent withholding.

Likewise, the latter will take effect in June 2020 instead of April 2020, and the facility is given to issue a simplified receipt during the next year.

Among the main changes in the VAT Law, applicable to the digital economy, the obligation to pay VAT on advertising is eliminated, the temporary suspension of the connection is replaced by temporary blocking of the Internet page will now be only a curtain and not a total block of the network.

In the VAT Law, the Treasury also proposed that the contracting taxpayers of the labor outsourcing or outsourcing services will be obliged to calculate, withhold and find out before the tax authorities the tax caused by said operations, but with the modifications the withholding is modified at 6 percent instead of 16 percent.

Meanwhile, the IEPS Law was amended so that the share of the tax on carved tobacco and flavored drinks It is updated according to real inflation, so the Executive's proposal that the update of the applicable quota for inflation from December 2010 to December 2019 is replaced.

Among the main changes to the CFF, there are those related to reportable schemes, cancellation of digital stamps, general anti-abuse clause and joint and several liability of shareholders, which were among the main concerns of entrepreneurs.

As for the reportable schemes, the uncertain reportable schemes are eliminated “so that it is not at the discretion of the authority”, Article 31-A of the CFF is reincorporated regarding the reportable schemes included in said precept, that is, it is no longer I would have to report everything, the evaluation committee and attached provisions are eliminated, and the obligation to report will be from 2021 instead of 2020 although it will be reported this year but until 2021.

Around the digital stamp cancellation, a grace period is incorporated to distort or correct the irregularities detected by the authorities and it will be a requirement to submit the request for clarification by tax mailbox.

This is “my digital stamp is canceled, I upload my clarification to the mailbox and the authority must take at least the next day, must release the suspension of the digital stamp and the cancellation of the certificate will proceed once the deadlines for relief of evidence and irregularities have not been corrected or corrected, ”said Terraza.

The Treasury Commission entered a recess and the session is expected to resume at 6:00 p.m., in order to discuss and vote the opinions related to the Federal Law on Rights, the Revenue Law on Hydrocarbons and the Revenue Law on the 2020 Federation.

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