On October 11, 2024, the Second Resolution of Modifications to the Miscellaneous Tax Resolution for 2024 (“Second RMF 2024”) and its Annexes 1, 3, and 7 were published in the Official Journal of the Federation (“DOF”). This resolution generally came into effect the day after its publication, specifically on October 12, 2024, except for those provisions disclosed in advance.
The following modifications are highlighted in this publication:
Individuals who wish to obtain their fiscal data can request the Fiscal Data Sheet, which will be sent to the email address that has been previously registered with the Tax Administration Service (“SAT”).
- Monthly payments of the Simplified Trust Regime for individuals
Starting in the 2024 tax year, individuals who are taxpayers in the Simplified Trust Regime will consider the monthly payments made as final, thereby being exempt from filing the annual declaration, solely for the income corresponding to that regime.
- Individuals who can be taxpayers in the Simplified Trust Regime
Individuals engaged in agriculture, livestock, fishing, and forestry activities who are partners or shareholders of credit unions or production cooperatives can now opt to be taxed under the Simplified Trust Regime. These taxpayers must submit a clarification request through the SAT Portal, indicating the specific circumstances that allow them to be taxed under this regime.
- Withholding of value-added tax by digital intermediary platforms when payments are deposited into accounts abroad.
A new rule is added that establishes the procedure that digital intermediary platforms must follow when dealing with third parties residing abroad without a permanent establishment in Mexico and those residing in the country. These platforms, which collect payments on behalf of the sellers of goods, must withhold the total value-added tax (“VAT”) on the transactions in which they act as intermediaries and remit it to the tax authorities in Mexico when depositing into bank accounts located abroad.
- “Buen Fin” decree to encourage the use of electronic payments.
As a result of the decree published on September 2, 2024, in the Official Journal of the Federation (DOF), which provides tax incentives to encourage the use of electronic payment methods, various rules have been published specifying the guidelines that must be followed for the proper application of the mentioned incentive.
- Non-binding criteria and normative criteria
Through Annex 3, two new non-binding fiscal criteria are introduced regarding the deductibility of expenses for income tax purposes when there is no documentation supporting the actual provision of services to taxpayers, as well as in relation to value-added tax when such tax is not withheld in cases where goods are acquired from a resident abroad without a permanent establishment in the country, while being obligated to pay the tax for engaging in taxable activities.
Finally, Annex 7 introduces a new normative fiscal criterion that provides a definition of what is to be understood as digital intermediary services for the purposes of the Value Added Tax Law.
We provide you with the link where this publication can be accessed:
https://dof.gob.mx/nota_detalle.php?codigo=5740913&fecha=11/10/2024#gsc.tab=0
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