Dear clients and friends:
The objective of this bulletin is to provide you with information in relation to some of the tax provisions applicable for 2023, specifically with the implementation of the tax incentives for the export industry.
In this sense, the Decree by which tax incentives are granted to key sectors of the export industry, consisting of the immediate deduction of investment in new fixed assets and the additional deduction of training expenses.
The objective of these tax incentives is to make the most of the “Nearshoring” strategy (bringing production closer to the territory of consumption), thus promoting companies in the sector that are currently located in Mexico.
Likewise, competition and investment in strategic sectors are promoted, which in turn implements the country’s economic growth and strengthens Mexico globally.
Regimes that can apply the incentives
- Entities who pay taxes under the general legal regime.
- Entities who pay taxes in the Simplified Trust Regime (RESICO).
- Individuals with business activities who are dedicated to production, processing or industrial manufacturing and who also export their products.
Among the key sectors that are considered for the application of these incentives are:
- Human and animal nutrition.
- Fertilizers and agrochemicals.
- Raw material for the pharmaceutical industry.
- Electronic components for telephones and computers.
- Electronic and non-electronic equipment for medical use.
- Accessories for electrical installations.
- Engines for cars, vans and trucks.
- Electrical and electronic equipment, plus accessories for automobiles, vans, trucks, aircrafts, ships and trains.
- Engines, turbines and transmitters for aircrafts.
- Cinematographic and audiovisual works protected by copyright, when these are exported.
Taxpayers who are in these cases will be able to take advantage of the incentives during the years 2023 and 2024 when they estimate that income from exports represents at least 50% of their turnover in each year.
Immediate investment deduction
To be able to choose to apply the immediate deduction of investments in new fixed assets, for those assets that have been acquired after the date of entry into force of the decree and until December 31st, 2024, deducting in the year in which the investment is made the amount resulting from applying the original amount of the investment by the percentages established in the second article of the Decree, instead of those indicated in Articles 34, 35 and 209, sections B and C of the IncomeTax Law.
In addition, taxpayers must keep the investments in use for a period of at least 2 years, following the date on which the immediate deduction is made, and a specific record must also be kept.
Some assets that are not considered for this benefit are:
- Furniture and office equipment.
- Internal combustion cars.
- Automobile shielding.
- Any asset that is not individually identifiable.
The aforementioned immediate deduction will be possible only for those fixed asset investments whose acquisition is intended to develop the activities of the key sectors listed.
Incentives for training expenses
Another of the incentives considered in the Decree is a incentive for personnel training, the latter consists of applying in the annual tax returns for the fiscal years 2023, 2024 and 2025, an additional deduction equivalent to 25% of the increase in the expense incurred by concept of training
that each of its workers receives in the exercise in question, as long as said training provides technical or scientific knowledge linked to the taxpayer’s activity. These workers must be active and duly registered with the Mexican Social Security Institute.
In this sense, the increase will be the positive difference between the expense spent for training in the fiscal year in question and the average expense that the taxpayer has spent for the same concept in the fiscal years of 2020, 2021 and 2022, averaging even when no training expenses
have been incurred in said exercises.
Requirements to apply these incentives
- Being registered in the Taxpayer Registry (RFC), having the tax mailbox enabled and registering valid means of contact.
- Having an opinion on compliance with tax obligations in a positive sense.
- Presenting a notice stating that they will opt for the application of the tax incentives referred to in the decree, which must be presented during the 30 calendar days immediately following the month in which the aforementioned incentives are applied for the first time.
Taxpayers who cannot apply the incentives
- Taxpayers who do not comply with the specific registration of investments and training.
- Taxpayers who are in some of the cases of Article 69, penultimate paragraph, of the Federal
Tax Code (CFF) and whose name or company name and RFC are found in the lists of said
article published on the tax authorities (SAT) page. - They do not refute the presumption of section 69-B, first paragraph, of the CFF. Nor will it be applicable to those taxpayers who have a partner or shareholder in said case. Likewise, the aforementioned incentives will not be applicable for taxpayers who have carried out operations with taxpayers who are in the aforementioned presumption.
- Taxpayers who have firm tax credits, which are enforceable and whose guarantee is insufficient or are not guaranteed.
- They are in liquidation period.
- Are in the temporary restriction procedure for the use of digital stamps for the issuance of electronic invoices (CFDI), as well as taxpayers who have canceled the certificates issued by the SAT for the issuance of CFDI (Article 17-H BIS of the CFF)
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As always, we are at your service for any clarification, questions or support you may require in order to correctly comply with your tax obligations.
The purpose of this bulletin is to inform about the most important publications on tax matters, without intending to present the opinion of our Firm on the aspects discussed; Each case must be
