Flash News CRDP

DECREE by which various tax benefits are granted to taxpayers in the affected areas by severe rains and strong winds during October 24th, 2023.

 

Dear Clients and Friends,

 

On October 27th, 2023, the Eighth Resolution of Amendments to the Miscellaneous Tax Resolution for 2023, in its Fourth Advance Version, was published on the Tax Administration Service (SAT by acronym in spanish) website, which states that, due Hurricane Otis, the period from October 25th to November 10th, 2023, are considered non-business days for SAT, in the municipality of Acapulco de Juárez.

 

Subsequently, the Government has issued a Decree which was published in the Official Gazette on October 30th, 2023, by which various tax benefits are granted to taxpayers in the affected areas by severe rains and strong winds during October 24th, 2023, coming into force on the same day.

  

In the aforementioned Decree, it is stated that in order to contribute to the reactivation of the productive plant and to preserve sources of employment, the federal Government considered it essential to grant tax benefits to taxpayers who have their tax address, branch, agency or any other establishment in the affected areas, under the following terms:

 

Taxpayer	Tax benefits
Legal Entities and Natural Persons	The immediate deduction of assets is authorized for 100% of the original investment corresponding to new or used assets made in the affected areas between October and December 2023.
Legal Entities and Natural Persons	They will be able to pay the income tax withholdings of their workers, corresponding to the months of October, November and December 2023, in three equal installments (January, February and March 2024, without updates, surcharges or fines).
Legal Entities and Natural Persons	They will be able to pay in three equal installments (January, February and March 2024, without updates, surcharges or fines) the final payment of the Value Added Tax (VAT) and the Special Tax on Production and Services corresponding to the months of October, November and December 2023.
Legal Entities:   General Regime, Primary Sector, Simplified Trust Regime.       Natural Persons:   Bussiness and Professional activities, Assets disposal and services provided through technological platforms, digital applications or similar, Lease Regime.	The obligation to make provisional payments of income tax for the months of October, November and December 2023, as well as for the fourth trimester and the third quarter of 2023, as applicable, is waived.
Simplified Trust Regime Natural Persons	The obligation to make monthly payments for the months of October, November and December 2023, is waived.
Tax Incorporation Regime	The obligation to present the returns corresponding to the fifth and sixth bimester of the fiscal year 2023 is deferred, which must be submitted no later than February 2024.
Natural Persons who earn income from assets disposal and services provided through technological platforms, digital applications or similar, received only part or the payment directly from the users and that income not exceed the amount of three hundred thousand pesos.	The obligation to present income tax payments corresponding to October, November and December 2023 is deferred, which must be paid no later than February 2024.
Legal Entities dedicated exclusively to primary sector activities that have chosen to make provisional semiannual payments of income tax.	They may choose to submit VAT returns corresponding to the second half of 2023 on a monthly basis.
Legal Entities and Natural Persons	The VAT will be refunded for those applications that are submitted no later than December 2023, within a maximum of 20 business days.
Legal Entities and Natural Persons	Taxpayers that prior to October 2023 have authorization to make installment payments of omitted contributions and their accessories and have their tax residence in the affected areas, are able to defer those payments from October 2023 and subsequent, resuming the payment program on February 2024, under the same authorized terms and conditions.
Natural Persons	The economic or monetary support received from legal entities or trusts authorized to receive deductible donations will not be considered as taxable income, only when the support does not come from related parties and is intended for the reconstruction or rehabilitation of their residence.
Civil Organizations and trusts authorized to receive deductible donations	It is considered that they comply with the authorized corporate purpose, when they grant donations to those affected for the reconstruction or rehabilitation of their residence.

 

According to the above, it is considered that taxpayers have their tax address, branch, agency or any other establishment in the affected areas when they have submitted the respective notice to the Federal Taxpayer Registry before to October 24th, 2023.

 

On the other hand, the municipalities of the state of Guerrero indicated in the Declaration of Natural Disaster issued by the competent authority are considered affected areas.

 

In this regard, the DECLARATION of Natural Disaster due to the occurrence of severe rain, strong winds, river and pluvial flooding on October 24th and 25th, 2023 in 47 municipalities of the State of Guerrero, published in the Official Gazette on November 2nd, 2023, points out that the municipalities of Apaxtla, Arcelia, Chilpancingo de los Bravo, Cuetzala del Progreso, Eduardo Neri, Florencio Villarreal, General Heliodoro are declared a disaster area due to the occurrence of severe rain and strong winds on October 24th, 2023. Castillo, Juan R. Escudero, Leonardo Bravo, Mochitlán, San Marcos, Tecoanapa and Tlapehuala; due to severe rain on October 24th, 2023, the municipalities of Acatepec, Ayutla de los Libres, Azoyú, Chilapa de Álvarez, Cocula, Copala, Cuajinicuilapa, Cuautepec, Igualapa, Juchitán, Malinaltepec, Marquelia, Quechultenango, San Luis Acatlán, Tixtla from Guerrero, Tlacoachistlahuaca, Tlacoapa and Xalpatláhuac; due to strong winds on October 24th, 2023, the municipalities of Coyuca de Catalán, Cutzamala de Pinzón, Petatlán, Pungarabato, Técpan de Galeana, Tlalchapa and Zirándaro; due to severe rain and strong winds on October 24th, 2023 and pluvial flooding on October 25, 2023, the municipalities of Acapulco de Juárez, Atoyac de Álvarez, Benito Juárez, Coyuca de Benítez and San Miguel Totolapan, due to severe rain on the day October 24th, 2023 and pluvial flooding on October 25th, 2023, the municipality of Atlamajalcingo del Monte; due to severe rain and strong winds on October 24th, 2023 and river and pluvial flooding on October 25th, 2023, the municipality of Ajuchitlán del Progreso; and due to pluvial flooding on October 25th, 2023, the municipalities of Iliatenco and Metlatónoc, all in the state of Guerrero.

 

Finally, our team of professionals is at your disposal to advise your company, with the purpose of correctly complying with your tax obligations and risk prevention.

 

In case you have any questions or comments, please do not hesitate to contact us.

 

Best regards.