On November 30, 2018, the Mexican tax authority published the fourth amendment resolution to the Miscellaneous Tax Resolution (Resolución Miscelánea Fiscal (RMF)) for 2018, the purpose of this newsletter is to explain the amendments made by the authority in a clear and simple manner; therefore, we hereby list the most relevant:
Rule 2.7.1.47. | Third-party qualification
Already existing and amended
It is modified the name of the proceeding 289/CFF “Notice of amendment or cancellation of third-party qualification to make consults and download CFDI” contained on exhibit 1-A to be named “Notice of amendment or cancellation or third-party qualification” as to the alternative upon taxpayers to authorize third-parties to perform proceedings on SAT applications on their behalf.
Rule 3.1.15 | Assumptions where no business activities are performed through a trust
Already existing and amended
No business activities are deemed to be performed through trusts in the assumption when they are trusts replicating stock market indexes, it is important to mention that the term “trusts replicating stock market indexes” substitutes the term “stock-related trusts”.
Rule 3.2.8. | Determination of the profit or loss on the sale of trust certificates replicating stock market indexes
Already existing and amended
The rule was amended so that, for the determination of profit or loss on the sale of trust certificates repli- cating stock market indexes, the proportion of the trust estate corresponding to said investments shall be taken into consideration.
In the same manner, for trusts on real estate investments (fideicomisos de inversión en bienes raíces (fi- bras)) for the calculation of the average cost per certificate to be carried out upon sale, the sum of princi- pal reimbursements shall be subtracted; for the following sales, the cost of acquisition shall be the cost determined on the prior sale.
Rule 3.2.13. | Requirements for trusts replicating stock market indexes
Already existing and amended
Regarding trusts whose purpose is the management, acquisition or sale of stock, stock-market certifica- tes or securities, the specification of the type of investment corresponding to aforesaid figures is made, adding, as part of the investment allowed, among others, trust stock-market certificates issued under a fibra. In addition, the trustee shall distribute the tax result on fibras to owners within a period not to exceed ten calendar days.
Rule 3.2.25. | Trustee account on distributions of the tax result on trusts for the investments on real estate
New Rule
This rule establishes that, the trustee institution managing stock-market trusts or investing on trustee stock-market certificates issued under a fibra shall incorporate a specific trustee for the distribution of the tax result of each of the trusts replicating the stock-market indexes it manages.
The trustee account mentioned on the preceding item shall be integrated by the distributions of the tax result of the trust and shall be decreased by the amounts paid on items from the distribution of the tax result.
In addition, it establishes the mechanism to determine the tax result to be distributed, as well as the date when the result shall be distributed by the trustee.
Rule 3.10.30 | Procedure for investment funds to calculate Income Tax on the investment on derived financial transaction
Already existing and amended
It establishes the option to determine tax and tax withholding on a daily basis for each member of the fund on income from said transactions, pursuant to the method set forth on aforesaid rule.
Individuals who are members of these investment funds shall accrue income in their favor on their annual tax return.
Rule 3.11.12. | Income Tax and VAT Withholding applicable to providers of passenger land transportation services or food delivery
New Rule
This rule is added to establish companies providing the use of technology platforms to individuals so they render the service for the transportation of passengers or delivery of prepared food may carry out the monthly tax withholding of Income Tax and VAT on the income obtained, in cash, credit, electronic media or any other type, by individuals. Withholding shall take place in accordance with the following table:
WITHHOLDING RATES TABLE
Monthly Income Sum Withholding Rate (%)
$ Income Tax VAT
Up to $25,000.00 3 8
Up to $35,000.00 4 8
Up to $50,000.00 5 8
Over $50,000.00 9 8
Aforesaid withholding shall be delivered to SAT no later than the 17th of the month immediately after the month for which the withholding was carried out.
Legal entities opting for aforesaid withholding shall provide each individual to whom the withholding was made, a withholding CFDI, which shall be accompanied by the complement “Technological platforms Travel” whereby travel and income collected by the individual, no later than the 5th of the month following the corresponding month.
The term of this option shall be as of April first, 2019.
Rule 3.21.3.11. | Investment of the remainder of the estate of a trust dedicated to the acquisition or construction of real estate in permitted assets
New Rule
In order to promote investment through fibras, taking into consideration these trusts are under the obliga- tion to invest at least 70% of their estate in real property, fees or credits, and the remainder in securities payable by the federal government registered on the National Securities Registry or in shares for invest- ment funds in debt instruments, the benefit of investing up to 5% of the remainder total in fixed, monetary or movables has been granted in order to operate or manage the real estate built or acquired by said trust.
Rule 4.6.7. | Sale of intangible assets to individuals residing abroad
New Rule
This rule is amended as it establishes the supporting documentation to be collected in order to validate the tax residence of foreign individuals to whom intangible property is sold.
Exhibits 1, 1-A, 3, 7, 11 and 23 of the MTR for 2018 are amended.
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