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The Mexican Institute of Public Accountants (IMCP) warned that legal entities have had problems migrating to the Simplified Trust Regime (Resico) that came into force in 2022.

“In the first 20 days of the year, we have detected that the migration of legal entities to the Resico does not occur in its entirety and this has generated uncertainty for taxpayers,” Laura Grajeda Trejo, president of the IMCP, commented at a press conference.

He explained that problems have arisen in cases where the Tax Administration Service (SAT) made the regime change, however it did not proceed. For this reason, they recommended that legal entities submit a notice to the SAT as soon as possible.

However, since January 6, a significant number of legal entity taxpayers were changed, by the SAT, to the Resico when estimating that they met the requirements to pay taxes in it, he clarified.

A legal entity (or natural person) that already existed for the SAT before 2022 must submit a notice of updating economic activities and obligations to the Treasury no later than January 31.

Doubts about CFDI cancellation

Similarly, the IMCP pointed out that there are irregularities in the Internet Digital Tax Receipts (CFDI) because if the taxpayer has the need to cancel one, because it was duplicated or the operation was not configured, uncertainty arises about the term in which will be reflected in the system.

“We consider that it is necessary to add a miscellaneous rule to indicate that the advances and yields can be applied in provisional payments of the Income Tax (ISR)”, commented Grajeda Trejo.

At the beginning of January, the SAT enabled on its website the simulator of provisional payment declarations for legal entities in the new Simplified Regime so that taxpayers become familiar with and learn about the new declaration that they will use to fulfill their obligation.

Resico is mandatory for legal persons

The Resico for legal entities is mandatory, as long as they have annual income of up to 35 million pesos. The Income Tax rate is 30%, however, the treasury will charge them on effective income and not on invoiced income.

According to SAT data, 2.2 million taxpayers are legal entities.

Given this, the president of the IMCP reported that they have held meetings with the SAT, particularly with the legal area. The Taxpayer Defense Attorney’s Office was present at these meetings.

In this sense, the institute does not know exactly how many corporate taxpayers have changed to Resico, however, its associates throughout the Republic have made their latent concerns known.

“We do not know with certainty how many taxpayers have migrated (from the regime), but the expectation that the SAT has is that practically the entire sector of legal entities pays taxes in the Resico. Only Large Taxpayers and companies that pay taxes under other regimes will be left out,” added Laura Grajeda Trejo.

Declaration 2021

Like every year, natural and legal persons must file their annual declaration in March and April. For this reason, the federal government has launched training platforms for taxpayers.

The idea is that accountants and taxpayers who have concerns take early courses where there is technical information on the topics of the annual return and tax receipts.

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