The information that we hereby share with you is based on the Federal Income Law for the fiscal year 2023, presented by the President of the Republic before the Chamber of Deputies and published in the Official Gazette of the Federation on 14 November 2022. The aspects to highlight are the following:
FISCAL STIMULUS. The fiscal stimuli of the Federal Income Law approved in 2022. One of the most relevant is the fiscal stimulus regarding the Special Tax on Production and Services (IEPS) on the purchase of Diesel for final consumption, which is credited against the Income Tax (ISR). The generating facts to fall into this assumption are:
- The acquisition of diesel for machinery in general that is used in business activities, as well as for marine vehicles for taxpayers with total annual income less than MXN 60 millions of pesos.
- The acquisition of diesel used for agricultural or forestry activities; optionally, a limited refund scheme is provided for these taxpayers.
- The acquisition of diesel for automotive use in vehicles intended exclusively for public and private transportation of people or cargo; this stimulus is not applicable in the case of taxpayers who provide services predominantly to related parties.
Another important aspect, is that taxpayers who are dedicated only to public or private land transportation of cargo or passengers will continue to be allowed to prove the 50% of the payments made on the national toll road network. This stimulus will only be allowed to those taxpayers with annual income less than MXN 300 million pesos and will not be applicable to legal entities that are considered related parties in accordance with article 179 of the Income Tax Law.
further, Fossil fuel purchasers are allowed when they are not intended for combustion, accredit the special tax on production and services that correspond against the ISR of the year.
ISR WITHHOLDING BY FINANCIAL SYSTEM INSTITUTIONS. during exercise 2023 The annual withholding rate on interest paid by financial system institutions increases to 0.15% on the amount of capital invested. It should be noted, what for him 2022 the retention rate was 0.08% Yearly, so the rate for 2023 represents an increase of 87.5%.
Withholdings are concepts for provisional payments for natural persons who have the obligation to make their annual declaration. In this case, the interest generated by the investment will correspond to the cumulative income, while the withholding made by the financial institution will be a credit amount that will be subtracted from the tax for the corresponding year.
SURCHARGE RATES. according to art. 8 Chapter II. Of the Administrative Facilities and Tax Benefits, the monthly surcharge rates are maintained at the same level for 2023:
- postponement: 0.98%
- Parcels up to 12 months: 1.26%
- Partialities of 12 a 24 months: 1.53%
- Parcels of more than 24 months and deferred term: 1.82
According to the rate of surcharges for arrears will remain in 1.47% monthly for untimely payment of contributions. This same rate must be paid by the SAT to taxpayers with respect to balances in favor not returned on time.