Newsletter Amexipac Feb-Mar17

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Index / 16TH EDITION

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10 8

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TAX CULTURE

Administrative tools in 2017

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TAX TECHNOLOGY

A1 type final exports

TAX TECHNOLOGY

Migration stages of CFDI versions and supplements

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NEWS

Digital Tax Services 2017

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DID YOU KNOW?

Remote work

22 My Accounting

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Tools that benefit e-commerce

Foreign Trade 1.1

NOVELTIES

Repatriation of capital

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SE

TAX TECHNOLOGY

SAT

12 2

06

12

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TAX TECHNOLOGY

Direct cancellations of CFDI vs. Cases that require acceptance

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INTERESTING FACTS

Payroll 1.2 Frequently Asked Questions

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TAKING ADVANTAGE OF TECHNOLOGICAL DANIEL MEDINA QUADRUM

Article 31 section IV of our Constitution reads: “all Mexicans have an obligation to contribute to the public expenditure of the Federation, as well as of the Federal District or the State and Municipality in which they reside, in a proportional and equitable manner as provided for by the laws.”

To comply with this obligation, the tax legislation establishes that the determination of taxes is self-enforced, i.e., taxpayers are responsible for determining, calculating and paying the taxes incurred.

To ensure that the self-enforcement on behalf of taxpayers is correct, in 1997 the Mexican Tax Authority (SAT) was formed. From its foundation, the Mexican Tax Authority has worked to facilitate compliance with tax obligations on behalf of taxpayers, so that they spend the least time possible on the calculation and payment of their taxes, with the help of technological breakthroughs that have been evolving constantly.

In this context, starting 2002 the Mexican Tax Authority initiated a new tax administration. With the help of new technologies it implemented the use of the taxation card (tarjeta tributaria) for individuals, which replaced the use of paper tax returns that were traditionally used. In this context, legal entities were now permitted to submit tax returns by internet.

TAX CULTURE

As of today, practically all services offered by the Mexican Tax Authority are available on the Internet any day, anywhere, without standing in line, paperless, easier and faster.

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ADMINISTRATIVE TOOLS IN 2017

¿WHAT FILINGS CAN BE MADE ON THE WEBSITE OF THE MEXICAN TAX AUTHORITY? • Authentication means and e.signature

• E.signature (previously FIEL).

Renewal of e.signature with valid certificate.

• Portable e.signature. Our e-signature for mobile devices.

• Digital Tax Inbox. Access your digital tax inbox, learn about which procedures and services you can file through this channel.

• Enrollment in the RFC (Federal

Taxpayers’ Registry) and movements to the RFC. If you are of legal age, you only need your CURP (Sole Population Registration Code) and an email account. Enroll.

Send your notices of change of address, resumption or suspension of activities, increase or decrease of obligations, opening or closing of an establishment; print your Tax Identification Card (Cédula de Identificación Fiscal), print your acknowledgements again and search for your filings.

• E-invoice. If you need to issue

invoices, learn about the options the Mexican Tax Authority has for you.

• Tax returns:

• Monthly. If you are an individual or legal entity, use the Declare and Pay service to submit your interim or final payments with respect to the Income Tax (ISR), VAT and Special Tax on Production and Service (IEPS).

• Bi-monthly. If you belong to the Fiscal Incorporation Regime use the option My tax returns (Mis declaraciones).

procedures and services, option tax returns, annual, legal entities.

• Informative. Submit your tax returns from procedures and services, section Informative Tax Returns.

• Refunds:

• Automatic of ISR. Review the status of the credit balance of your Annual Tax Return. If you requested your refund through the E-Format for Refunds, review the status of your request here.

• Automatic of VAT. PSubmit your refund request, since you can do it through the digital tax inbox, except for sums arising from resolutions or rulings.

• My portal

• Enter My portal (Mi portal) to: Receive information on your tax debts and generate the format to pay them, request orientation and information on tax issues, submit requests of donees, follow-up on complaints, suggestions and acknowledgements.

• Opinion on compliance. Generate

the opinion on compliance here. o.

*Information obtained from the website of the Mexican Tax Authority.

All these technological changes and applications and the enforcement of this e-administration policy in the field of taxes, have the purpose of following the global trend in order to have an e-government in place, which provides citizens with the tools to satisfy their tax obligations with greater ease.

• Annual. If you obtained income exclusively from salaries, submit your Annual Tax Return on the application of Salaried Employees.

If you belong to another regime, submit it in procedures and services, option tax returns, annual, individuals, DeclaraSAT. Learn about and use the online tax return submission service for companies in

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MIGRATION STAGES OF VERSIONS OF

CFDI

VERSIONS AND SUPPLEMENTS

VÍCTOR RODRÍGUEZ Y JORGE BRAVO EDX SOLUTIONS

Dear reader, we are living in times of constant and important technological changes in the Mexican e-invoicing practice, which if we remember, has been applied in our country for almost a decade. This has caused Mexico to be seen as one of the most important driving forces of such technology.

The above, naturally, would not be possible without the strengthening and modernization of key institutions such as the Mexican Tax Authority, which as we all know, is the entity responsible for tax collection in Mexico.

In this brief introduction we would like to point out that the modernization in the field e-invoicing has not been an easy task, especially since e-invoice suppliers impose a series of conditions; which nowadays notably, among others, is the implementation of each and every one of the CFDI supplements, as well as using the valid XML scheme (still 3.2), which shortly will be version 3.3, in the terms provided for in Annex 20 of the Miscellaneous Tax Resolution (Resolución Miscelánea Fiscal).

Therefore, with such measures that allow the Authorized Certification Service Providers to certify any supplement in the correct version of XML, the Mexican Tax Authority ensures that information is transmitted to taxpayers in an efficient and transparent manner, which results in the traceability of millions of transactions entered on a daily basis

This unfortunate event led the Mexican Tax Authority to two fundamental issues.

First, to provide feedback to suppliers so that they would correctly certify the generated documents; and, on the other hand, as was the case with the payroll supplement v1.2 and currently the foreign trade supplement v1.1., an administrative validation process was imposed so that, regardless of if a PAC has a valid authorization to certify documents, in addition it is “authorized” by the SAT to certify certain supplements.

Thus, dear taxpayer, before entering a production environment with any technological change that would impact the certification process, you should bear in mind the following: 1 It is an obligation of the certification

service providers.

2 The SAT publishes the necessary

information of the scheme, as well as the XSLT and additional validations.

3 In the same manner, it provides a

Matrix of error codes, standardized messages and test battery.

4 A test environment is made available

6 There is an internal approval of QA on

the changes to be applied. Tests are run on the delivery-receipt with the Mexican Tax Authority, in addition to obtaining evidence of the delivery.

7 Generally, the PAC provides the

taxpayer a test environment on the changes to be implemented.

8 When applicable, a maintenance

window is scheduled, and you will be notified.

9

The result of the applicability of the changes is notified by notice case.

10 When

applicable, the Mexican Tax Authority will make a publication on the acceptance in relation to the migration to such changes, ensuring that the provider complies with the generation and certification of documents.

Lastly, as you were able to see, a change of version or update of CFDI supplements is a fairly important task. The series of processes described above, ensure that you obtain the maximum quality for the compliance with the simple, but arduous duty of a fiscal and technological nature.

by the Mexican Tax Authority.

5 Internally, each supplier develops the

necessary technological changes.

TAX TECHNOLOGY

As mentioned above, such modernization process in our industry, with the applicability of the CFDI supplements and the migration of XML, is by no means easy. We only need to look back a few years ago when such migration process, and now the integration of supplements could only be appreciated in publications of the Miscellaneous Tax Resolution, but unfortunately due to a lack of experience or expertise, and even due to a lack of monitoring, certain certification service providers failed to comply with the technical validation characteristics to ensure the correctness of the information to be certified.

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FINAL EXPORTS TYPE A-1 GLORIA BARRÓN INTERFACTURA

In terms of article 90 of the Customs Law in force, ‘’All merchandise that enters or exits our country must be subject to a customs regime, according to their intended use in the national territory or abroad.’’

TAX TECHNOLOGY

In accordance with Appendix 2 of Annex 22 there are several customs regimes: i) Final Regime, ii) Virtual transactions, iii) Temporary, iv) IMMEX, v) Tax deposit, vi) Establishments Authorized to display merchandise, vii) Automotive Industry, viii) For the display and sale of merchandise in Duty-free stores, vix) Transformation into Bonded Warehouse (Recinto Fiscalizado), x) Strategic Bonded Warehouses (Recintos Fiscalizados Estratégicos), xi) Freight-forwarding, xii) Other.

The Miscellaneous Tax Resolution in force for 2017 establishes that the foreign trade supplement shall only be applicable to final export transactions of merchandise with “A1” code official customs document, in accordance with Annex 22.

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While it is true that such code can be used for final imports or exports, the foreign trade supplement, in its first stage is only applicable in the case of a final export (code A1).

Let us recall that pursuant to the article 102 of the Customs Law, a final export is defined as the exit of merchandise from the national territory to remain abroad for an indefinite period of time.

Once the final export of national or nationalized merchandise has been executed, the goods can return to the country without the payment of the general import tax, provided they have not been subjected to modifications abroad, or more than a year has passed since their exit from the national territory.

Currently, there are two versions of the foreign trade supplement: 1.0 and 1.1: It is important to note that both versions will be valid starting from March 2017, and their use may be simultaneous or alternative.

exported merchandise; however, version 1.1 permits the issuance, provided that they are fractioned transactions, nonsale transactions or disposal transactions that are free of charge (promotions and samples).

Within the characteristics that stand out in this supplement is the update of validation rules relating to the product identification, of the tariff sections and of the validation rules.

The Mexican Tax Authority will publish on its website a filling-out guide, which shall act as an aid for taxpayers at the moment of filling out such supplement.

Within the export process with the use of CFDI, the correct preparation of the customs document is important, , and Annex 22 of the General Rules of Foreign Trade shall be used, which contains the Instructions to fill out such customs document.

TYPE

DESCRIPTION Final Import or Export

CASES OF APPLICATION Entry of merchandise from abroad, which will remain in the national territory for an indefinite period of time.

Exit of merchandise from the national territory to remain abroad for an indefinite period of time.

Final import of vehicles by diplomatic and consular corps and offices of international agencies, and their foreign staff, pursuant to the agreement relating to the import of vehicles with diplomatic exemption.

Version 1.0 of the foreign trade supplement will help to incorporate the information of the type of transaction, data of the tax identification of the issuer, recipient or addressee of the merchandise and the description of the F E B R U A R Y - M A R C H 2 0 1 7 | A M E X I PA C

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REPATRIATION OF CAPITAL

This administrative tool applies to individuals and legal entities residing in Mexico and those residents abroad with permanent residence in the country who transfer their income back.

STEFANIA CERVANTES EKOMERCIO

On January 18, a Decree was published in the Federal Official Gazette (Diario Oficial de la Federación) that facilitates various administrative tools in the field of the Income Tax (ISR), in regards to deposits or investments received in Mexico.

This administrative tool applies to individuals and legal entities residing in Mexico and those residents abroad with permanent establishment in the country that transfer their income or investments held abroad back to our country.

These earnings may be encumbered and result from legal direct or indirect investment activities through foreign legal entities, those subject to preferential tax regimes or income obtained through fiscally transparent legal entities abroad.

In order access this administrative tool, such investment or income must return to the country within 6 months and be invested in the national territory during a term of at least two years. The total amount of the investments may not decrease during this period.

To the total amount of resources that returned to the country, and that would have been held abroad prior to January 1, 2017, a preferential rate will be applied of 8% without any deduction, in order to determine the relevant taxes.

It is worth mentioning that normally a 35% is considered for individuals and 30% for legal entities.

NO NOVELTIES

IMPORTANT

Do not forget to calculate the tax profit corresponding to the total amount of resources repatriated, subtracting the taxes paid.

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tax exceeds the relevant amount of the income tax to be paid for the total of the resources returning to the country.

Keep in mind that if you wish to take advantage of this tool you should repatriate your resources through credit institutions or brokerage firms organized in Mexico and entities organized abroad that provide financial services.

In the same manner you should maintain in your accounting the documentation that proves that the resources were transferred from abroad, that taxes were paid in accordance with the terms of the Decree, as well as the relevant certificate of the tax payment. If you are a legal entity don’t forget to calculate the tax profit corresponding to the total amount of resources that returned by subtracting the taxes paid. This tax profit can be taken into account to determine the taxable basis income for the employee’s share in profits (PTU).

Don’t forget to consult the decree in the Federal Official Gazette (DOF) and in case you are considering returning your investments to the country, satisfy all the requirements set forth by the authority.

Remember that we have little time to enjoy this tool.

The resulting taxes to be paid shall be settled within 15 calendar days following the date on which the income is deposited within a national credit institution or brokerage firm.

Taxpayers may credit the Income Tax they paid abroad in terms of article 5 of the Income Tax Law, eprovided that in no case the amount of such creditable

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DIGITAL TAX SERVICES IN

2017

GERARDO CARRAL D FACTURE

On January 1, 2017 the new version 1.2 of XML for the e-pay slip came into force. This also permitted taxpayers to continue issuing e-pay slips with version 1.1, having to reissue them no later than April 1, 2017.T hose CFDIs issued with version 1.1 will not have to be canceled provided that they are reissued with version 1.1.

This new supplement will have a new structure and new fields to be filled out on behalf of the employers. One of the general changes is that this new version includes the employee’s general information, such as a bank account to deposit the payment or the concept of the CURP, in case the issuer is an individual.

The advantage of starting to use the digital payroll is to ensure the authenticity and integrity of the document and thus having full confidence that all of the information that has been generated in such proof is not modified by anyone. It is worth mentioning that each time the employer issues an e-pay slip, the XML and PDF must be sent to the employee, by the means the former decides.

The following are other advantages to be enjoyed by using the digital payroll system:

• Improvement in the handling of information for companies

• Greater transparency

• Administrative simplificatio • Data validation of workers

The Mexican Tax Authority has prepared a FAQ section, where you can find information on some key issues that have received a great number of comments.

USE OF THE MANDATORY FOREIGN TRADE SUPPLEMENT March 2017 On March 1, 2017, the new XML version 1.2 for CFDI will come into force. It is important to note that the 1.0 version of the supplement will remain in effect throughout 2017, so that taxpayers may use either of the two versions (1.0 or 1.2) interchangeably and as they see fit.

It is important to mention that due to these and many other updates, exporters in Mexico must adapt their e-invoicing systems to include the foreign trade supplement and thus be able to fulfill their obligations in due time and form, since lthe e-invoice in foreign trade will allow the governments of the countries to standardize this tool at the global level in order to discourage fraud and tax evasion.

The purpose of introducing this new supplement is to eliminate the irregularities that exist in all exportrelated operations, such as for example: • Incomplete invoicing according to the actual sales

• Adulteration of transfer pricings • Evasion of taxes that must be paid in foreign trade related operations

What must a CFDI for foreign trade operations include?

• E-invoice in A1 exports

• Reference of the fiscal identifier of

the importer in the recipient country

• Validation of the tax identity on

behalf of the tax authority of the recipient country

• E-certification to give certainty to the issuance of the receipt

• Correlation and consistency in the invoice in the field of internal taxes

This is the link:

NEWS

http://www.sat.gob.mx/informacion_fiscal/ factura_electronicaDocuments/Preguntas_ frecuentes_Nomina_1_2.pdf

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July 2017 The Mexican Tax Authority published the technical specifications that will give rise to the updates in the CFDIs with effect from July 1, 2017.

• The CFDI will be immediately linked when there is any pre-generated invoice.

• Invoices for abroad may be issued,

provided they are validated by means of the catalog that the Mexican Tax Authority uses.

The new version 3.3 offers a faster data collection process, as it will be made with the highest quality and this, in turn, will streamline the administrative and tax processes of taxpayers.

• The amount shall be rounded to either

This document will establish a standard, in which you can do the following:

be validated in the catalog that the Mexican Tax Authority uses.

• Issue the CFDI by Internet

• Issue the document that covers withholdings

• There will be a specific cancellation process.

• The signature process will be established.

In addition, the technical specification of the CFDI supplement for receiving payments in version 1.0 was also informed in advance. The latter will be incorporated to the CFDI issued for the receipt of a payment in installments or even in the case of credit transactions and when they are paid in full after having issued the relevant CFDI. These documents will be in force starting from July 01, 2017.

http://www.sat.gob.mx/informacion_fiscal/ invoice/Pages/default.aspx

E-INVOICE VERSION 3.3 The Mexican Tax Authority has studied the changes that will come with the new e-invoice, as it seeks to avoid inconsistencies in the information contained in this document.

This type of document will include validation rules to confirm the consistency of the entered data, aas well as the introduction of 23 catalogs and the use of time zones in accordance with the postal code of the issuer.

Which are the aspects that change from version 3.2 to version 3.3?

• The currency with which the receipt

• Taxes to be included in the receipt will • Customs Information in which each of

the concepts that the export includes must be specified.

PAYMENT SUPPLEMENT July 2017 With the update of annex 20, which the Mexican Tax Authority announced previously, a new version of e-invoicing will start operating, version 3.3, as we have already commented. Also, there will be 7 types of supplements for CFDI, which include the payment supplement that will be used for transactions executed with payments in installments and with a single payment. The incorporation of this supplement has the purpose of providing information on the flow of money through different payment methods, thus being able to link the payment to one or more invoices.

What tools will there be for the issuance of invoices for payments in installments and deferred payments?

• That a single invoice is issued for the total of the transaction.

• Generate a document of payments that details the amount paid, to identify whether it is fully settled or otherwise indicate the balance applied.

• All this should be done using the payment supplement.

• You will not be able to cancel the

entire invoice that has been issued for the total of a transaction, provided it contains the payment supplement.

• If there is a sale on credit, the receipt

shall be issued for the total value of the transaction at the time it is entered, since later on another supplement must be issued, which would be the payment supplement at the time of making the payment, with the legend of zero pesos.

• When an advance payment is received

for any transaction, the issue of the CFDI will be optional, since its use has not been determined by the law.

n the same manner, we must bear in mind that this supplement shall be issued in either of two ways: as soon as the transaction has been settled or within a maximum of 10 calendar days after the end of the month in which the payment was made for that operation.

In case more than two invoices will be paid, it is not necessary to prepare the same amount of supplements; the invoices that were paid in whole or in part, as applicable, shall be related, no matter the amount received by our customers; the supplement shall be signed by the person who receives the money, since the main function of the supplement is to serve as a record that money was received and the payment was made.

The main objective of this payment supplement is to maintain control over a tax scheme tdetermined by the tax

NEWS

is generated, will be validated by a catalog that the Mexican Tax Authority will establish.

the lower or upper limit.

authority at the time of executing any process to detect cash movements as well as to locate transfers related to direct and indirect contributions.

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FOREIGN TRADE 1.1 SAÚL GONZÁLEZ PEGASO TECNOLOGÍA

ALEJANDRO MARÍN PEGASO TECNOLOGÍA

WHAT IS THE FOREIGN TRADE SUPPLEMENT? As announced since the Miscellaneous Tax Resolution for 2016, one of the new digital tax obligations that are integrated into the e-tax audit model of the Mexican Tax Authority (SAT) is the use of the Foreign Trade Supplement (CCE) for all those final export transactions with customs document code “A1”.

Three fundamental purposes detonated the need to create this new supplement:

1

2

3

Eliminate the discrepancies that existed between Customs Documents, COVE and CFDI for foreign trade transactions.

Have greater traceability of operations for the purposes of internal taxes.

Take advantage of the benefits of the CFDI in terms of authentication, non-repudiation and immediacy for obtaining customs information.

The ease-of-use of version 1.0 should be treated with caution, since, if the operation in question falls under any of the following cases, the use of CCE v.1.1 becomes mandatory:

• The owner of the goods is not the

recipient in case of pass-throughs.

• Customs tariff not available in version 1.0.

• Export of goods that are not subject to a sales operation (consignment, samples, returns, etc.)

The purpose of this article that was written a few days before the supplement comes into effect, is to assist our readers to confirm its correct use before going into production.

LThe need for a useful standard, both for Tax Authorities as well as for taxpayers in several occasions resulted in the postponement of its entry into force, but also caused the supplement to be perfected. The first version was published in March 2016 (version 1.0), and was updated in January 2017 with version 1.1.

The date set to start with the use of any of the two versions is March 1, 2017.

TAX TECHNOLOGY

(http://www.sat.gob.mx/informacion_fiscal/factura_ electronica/Paginas/USO-DEL-COMPLEMENTOPARACOMERCIO-EXTERIOR-1.1.aspx)

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To facilitate the understanding of the differences between the versions of CCE 1.0 and 1.1, we provide the following chart:

FUNDAMENTAL ASPECTS TO BE KEPT IN MIND: • The CCE in its version 1.1. can now be used in Income, Expenditure and Pass-Through CFDIs. Version 1.0 only in income CFDIs.

• The Pass-Through Motive is required when the

exported goods are not subject to sale or in case they are disposed free of charge..

• The attribute “NumeroExportadorConfiable” is

only required for exports to the European Union and is the approved exporter number.

• “Subdivision" attribute. The subdivision refers

to those cases in which the goods specified in the CCE are passed-through in more than one means of transport.

• The USD Exchange Rate that will be used shall be

determined in accordance with paragraph three of Article 20 of the Fiscal Code of the Federation (Código Fiscal de la Federación).

• Consider the update of the customers/related

parties catalogs in the ERP/Administrative System, specifically in regard to the "Tax ID", since the value to be included in the attributes “NumRegIdTrib" for Recipients and Addresses will be validated by the PAC in terms of structure (i.e.

Canada) and in some cases will verify its validity and existence in databases of the Mexican Tax Authority (for Mexico at the time of publication of this article and soon United States).

MAIN DIFFERENCES BETWEEN VERSION 1.0 AND 1.1: • From standard 1.1 information catalogs were extracted, such: •Transaction Type

•Customs Document Code •Incoterm • Country

• Customs Tariff

and attributes. These indications establish that when a particular case applies, the node or attribute that was optional becomes a requirement, as for example: MotivoTraslado (Pass-through Motive) is required when the export is only a pass-through of goods.

• Attributes were added to specify

the address of the issuer and the recipient of the CFDI, since in the new version of the CFDI (3.3) these blocks of information will no longer exist.

• Attributes were added to identify

the Owner of the goods, in the event that the pass-through is made by delivery of goods from third parties.

• More than one recipient by CFDI can be identified.

indicates a unit of measurement that must be converted using arithmetic calculations and, in combination with the exchange rate, the result does not correspond exactly to the original amount, one of the validations to be performed by the PAC is that the “ValorDolares” is within the range of the lower and upper limit calculated according to the provisions in the Standard of the Foreign Trade Supplement v.1.1 published on the site of the Mexican Tax Authority.

• The Identification Number for goods and

concepts must be the same in order to verify that both information blocks are consistent and there is no chance of indicating the same identification number on two concepts in the same CFDI, i.e. only one concept should be occupied and the field quantity shall indicate the total number.

TAX TECHNOLOGY

• Unit of measurement to be published separately on the website of the Mexican Tax Authority, facilitating their update and not depending on the publication times of the Miscellaneous Amendments.

• Conditionality in the use of nodes

• When due to the fact that the customs tariff

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REMOTE WORK THE STRENGTHENING OF THE ICT IN THE WORKING ENVIRONMENT OF MEXICAN COMPANIES.

GIL RAMĂ?REZ PEGASO

DID YOU KNOW?

By way of preamble, let us think about the different complications that have arisen in recent months in Mexico City, specifically those relating to the frequent protests and the implementation of new traffic rules, to name some of them. In light of this, companies need to be able to look for new ways of doing things by taking advantage of the benefits that the ICT may generate .

One of these areas of opportunity, in light of the complications mentioned above, is to implement Telework or Remote work. To date, I am convinced that this option represents an advantage for those companies that are able to determine that some of its employees, within their operational processes, have the opportunity to perform the work from home, using the ICT (a connection to the Internet, email, instant messaging etc.). These tasks are performed under projects that will allow the employer to assess the performance of the Remote employees, based on their results or reviewing their progress.

I believe that the Remote work contract, as any process, needs time to mature.

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We only need to remember the experience of using the FIEL (Advanced Electronic Signature), as it started to be used gradually until finally becoming fully implemented for the execution of a great number of acts and their known evolution. I consider that something similar is happening with the concept of the Remote work contract: the current corporate culture does not make the necessary space to reflect on its use and the benefits that it could generate; i.e., they still find risks in its application. However, to the extent that the implementation progresses, we will be able to observe the way in which it evolves, as well as its codification for a proper regulation in our LFT (Federal Labor Law).

If we do not give way to working with the help of the ICT, we will have no concrete facts to argue in favor of its inclusion in our labor legislation. I know that the codification involves considering situations, such as occupational hazards and other important issues, but we have to take advantage of the continuous and increasingly imminent use of the technological breakthroughs at our disposal.

It is not simply a question of what is generically referred to as "home office", as this is a top priority concept that seeks to increase productivity in companies, diversify services, improve both the management of the work as well as of the organization and in the end generate time savings, among others.

We should not only look at Remote work as a tool that can help solve pollutionrelated issues, contribute to a better mobility in the city and the other benefits that have been mentioned above, we should also consider that the way of doing things always undergoes an evolution, which is very often linked to technology.

We should not only look at Remote work as a tool that can help solve pollution-related issues, contribute to a better mobility... We should also consider that the way of doing things always undergoes an evolution, which is very often linked to technology.

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MY ACCOUNTING

GOVERNMENT

MOTIVATES THE SMALL BUSINESS OWNERS OF THE COUNTRY

Micro, small and medium-sized enterprises in Mexico are generating jobs and accelerating the national economy; the My accounting tool was created to support them in saving time and money in the compliance with their tax obligations, which will enable them to devote their efforts to being more productive and competitive.

With My accounting, tax returns are submitted fast and easy, because it is the option for the accumulation of income for legal entities with incomes of less than $5 million pesos, who decide to pay taxes under a model in which they manage their accounting in cash flow.

This tool assists companies with providing them with pre-loaded information in the possession of the Mexican Tax Authority, as from the issuance and receipt of e-invoices, both for income and expenditure, thus sparing companies from making the calculations to determine the taxes to pay, since the objective is to automate this process.

From the beginning of February, the Mexican Tax Authority (SAT) made this tool available to taxpayers, in adherence with an order of the Government of the Republic following-up on the actions of the Agreement to Strengthen the Economy and the Protection of the Family Economy (Acuerdo para el Fortalecimiento Económico y la Protección de la Economía Familiar).

The companies that wish to use My accounting must give notice on the website of the Mexican Tax Authority before March 10, and, while businesses whose activities were suspended have 10 days after the resumption of activities to opt for this simple model.

Further, as an additional benefit resulting from this simplification, taxpayers who take this option, will no longer have to submit the Statement of Transactions with Third Parties (DIOT) and will have fulfilled their E-Accounting obligations.

For questions and more information enter sat.gob.mx or call MarcaSAT: 627 22 728 from Mexico City, or 01 55 627 22 728 from the rest of the country.

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ELSA AYALA SECRETARÍA DE ECONOMÍA

TOOLS THAT BENEFIT

E-COMMERCE

CARLA VÁZQUEZ W SECRETARÍA DE ECONOMÍA

When a company is faced with the decision of whether to enter the world of technology, it must prepare a well-defined strategy considering its reality, as well as of the sector in which it is active, so that it does not forget to adjust its processes to make them more efficient.

The tools of an information system should provide the company with a series of competitive advantages, either in the growth of its business, internal optimization of its processes, market positioning (local and/or international) and in particular in the reduction of operating costs.

For micro- and small enterprises it should even represent a greater benefit, since the use of information technology can allow them to develop or grow in a way that would not be possible if their internal procedures would not change.

E-commerce opens up a range of possibilities that can be offered to customers, and it allows to identify improvements relevant to the selection of new suppliers or markets.

PURCHASE FREQUENCY

GOVERNMENT

‘’E-commerce in Mexico is faced with various inhibitors, such as the distrust or fear of identity theft, among other things.’’

In this context, priority should be given to policies that eliminate or avoid excessive regulation without forgetting the rules necessary to protect the various interests involved in a negotiation.

Since the amendment in 2000 to the Federal Civil Code (Código Civil Federal), as well as to the Code of Civil Procedures, when electronic media were recognized as a form of expression of consent, as well as their evidentiary quality acknowledged, our legal framework led to the possibility of executing agreements by means of information technologies.

However, due to cultural considerations or lack of trust in the use of electronic media, companies and merchants have remained cautious with regards to the integration of electronic media in their corporate life.

According to a survey carried out by the INEGI in 2010, only 5% of Internet users reported having made any transaction through the Internet.

PAYMENT METHODS USED

TYPES OF SALES WEBSITES

AMOUNT OF THE PURCHASES

E-commerce in Mexico is facing various inhibitors, such as the distrust or fear of identity theft, lack of clarity in regards to the characteristics, quality of the products or services offered on the internet or lack of skills, which could lead to errors.

But it also acts as a motivator for consumers, since it provides access to major sales sites; products that would previously not be available, are now within reach from anywhere in the world; and, it provides electronic payment methods with more sophisticated security measures or cost savings.

According to a survey commissioned by the Ministry of the Economy (Secretaría de Economía) in 2013, consumers can be classified into four categories:

• Risky or innovative

• Experimental or curious • Cautious and content

• Fearful or traditionalist (see Figurevzvv 1)

DEVICES TO MAKE THE PURCHASE

OTHER TRANSACTIONS ON THE WEB

RISKY OR INNOVATE

PayPal, credit cards, Up to once a week. payments in national and It is a habit. foreign currency

National and international

From $12.00MN up to $60,000.00 MN or more

Smart phones Tablets Laptops and Desktops

Bank transactions Online payment of utilities (electricity, water, telephone, Pay TV, gas, etc.)

EXPERIMENTAL AND CURIOUS

Once a month.

Depending on his/her interest in brands and products.

PayPal, credit cards, payments in national and foreign currency

National and international

From $12.00MN up to $25,000.00 MN or more

Laptops and Desktops

Bank transactions

CAUTIOUS AND CONTENT

Two or three times per year.

PayPal Bank deposits Payment on delivery Payments in national and foreign currency

National, they contact vendors offline and online.

From $12.00MN up to $25,000.00 MN or more

Laptops and Desktops

Bank transactions

FEARFUL AND TRADITIONALIST

Does not make online purchase

Not applicable

Not applicable

Not applicable

Not applicable

Do not make transactions online

(Figure 1) 24

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Based on the foregoing, a company could implement 2 strategies: • Get to know: Understand e-commerce, from the eyes of the buyer/seller. Develop communication strategies ad-hoc to these profiles.

• Implement: Self-regulation mechanisms through the granting of seals and certifications that recognize ethical e-commerce websites that adhere to the legal frameworks such as: • Privacy policy

• Product catalog (images with weight specifications, sizes, colors, availability, total actual cost, etc.)

• Safe payment methods and conditions and delivery • Warranties

• Exchange, cancellation and refund policies The legal framework allows merchants and companies to implement procurement mechanisms in electronic media with all assurances and the legal certainty necessary to avoid the rejection of a purchase or provision of a service.

Although, e-commerce is based on 4 core principles:

• Technology Neutrality • Autonomy of the will

• International Compatibility • Functional Equivalence

Anyone who wants to dabble in purchases through electronic media, should become familiar with the following concepts: e-signature, advanced e-signature, issuer of data message and recipient of a data message, information system agreed upon by the parties.

GOVERNMENT

These are basic elements to determine whether a purchase did or did not meet the requirements established in the law for its legal existence.

However, there has been certain progress in the technology that allows us to ensure that the information generated in electronic media, whether it may be a contract, an email, an image, or any information, remains intact and unalterable, as well auxiliaries in commerce that secure communication processes in electronic media titled Certification Service Providers.

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The Certification Service Providers are companies accredited by the Ministry of the Economy that offer the following services:

• Verify the identity of users

• Check the completeness and adequacy of the Data Message

• Maintain records of the identification elements

• Issue digital time seals for foreign trade-related matters

• Issue certificates of retention of data messages

• Provide document scanning services In this context, it is worth noting the usefulness of the certificates of retention of data messages, as well as the issuance of digital time seals.

The certificate of retention of messages, allows you to verify that a document has not been altered after it was generated.

Let us think of a sales agreement that is duly executed pursuant to the law: any of the parties may request a certificate of data retention of such agreement to avoid that in the future the other party claims that it did not assume obligations according to the terms and conditions of the agreement.

Technology allows us to verify over time whether such agreement electronically signed by the parties, has remained unchanged and complete. Likewise, the time seal also allows you to identify the time a certain act was executed, in such a way as to leave no doubt as to the existence of the same.

These services provided by the PSC should be identified as services that contribute to the security and legal certainty that the participants in the e-commerce require to rely on these methods of procurement.

For all of the above, it is clear that businesses now have elements and public policies that allow them to take the decision to engage in e-commerce with the confidence that they will become more competitive and forward-looking, as required by the current global context.

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DIRECT CANCELLATION OF CFDI VS CASES THAT REQUIRE ACCEPTANCE JAVIER ROMERO EDICOM

One of the main challenges to overcome since the creation of the CFDI has been the misuse of the cancellation process as a result of its definition devoid of operational constraints.

It is well known that the unilateral cancellation of CFDIs without prior notice to the other party has become a misconduct that translates into problems at the time of demonstrating expenses, making deductions, etc.

TAX TECHNOLOGY

Having a clear perspective on the situation, the Mexican Tax Authority recently published in the Miscellaneous Tax Resolution (RMF) for 2017 the procedure to be followed from July 1, 2017 for the implementation of such cancellation. In particular, the new rules have been defined for the request to the recipient of the cancellation, the acceptance of the recipient for the cancellation of the CFDI and the cancellation of the CFDI without its acceptance.

In the first case, when the issuer of a CFDI needs to cancel it, he will send the recipient of the same a cancellation request through the digital tax inbox.

The recipient of the CFDI shall express through the same means, within a period of not more than 72 hours after the receipt of the CFDI cancellation request, the acceptance or rejection of the cancellation of the CFDI. If after the 72 hours-term the recipient takes no action, the Mexican Tax Authority will deem the cancellation of the CFDI to be accepted.

• Those for withholdings and payment

It should be noted that in order to exercise the right to accept or reject the cancellation of the CFDI, you must have a digital tax inbox.

In this manner, the Mexican Tax Authority seeks to articulate a procedure that will reduce or eliminate all the currently popular conducts that generated conflicts for the recipient taxpayers of the CFDIs, thus avoiding to hinder scenarios in which the unilateral cancellation does not cause an impact on the recipient.

The published definitions, as mentioned above, include certain instances in which the CFDI may be canceled directly and without requesting the acceptance of the recipient, as described below:

information

• Issued in transactions with the general

public in accordance with rule 2.7.1.24

• Issued to residents abroad for tax

purposes pursuant to rule 2.7.1.26

• When the cancellation is made within 72 hours following the issuance

If after the 72 hours-term the recipient takes no action, the Mexican Tax Authority will deem the cancellation of the CFDI to be accepted.

• Those for earnings of up to $5,000.00 (five thousand pesos 00/100 M.N)

• CFDIs for the concept of payroll

• CFDIs for the concept of expenditure

• CFDIs for the concept of pass-through • CFDIs for the concept of income issued to taxpayers of the RIF

• CFDIs issued through the electronic tool of "My Accounts" in the "Easy invoicing” app.

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Frequently Asked Questions

PAYROLL 1.2 FREQUENTLY ASKED QUESTIONS

1. In version 1.2 of the payroll receipt, grocery vouchers can be processed as a deduction and an income to neutralize such amount and the total amount of the document will be what was actually transferred to the employee. Can you do the same with travel expenses in the field other payments?

• Grocery vouchers are benefits arising from the employment relationship, and, thus, must be included in the Supplement within earnings, without registering them additionally as a deduction, since the employee's income is not being reduced for such concept. The travel expenses of the employee shall be reported in the node of Other payments in the period in which such sums were paid. You can also report the item in the following payroll payment, as long as it is in the same fiscal year in order to avoid fiscal discrepancies for the employee; or generate an e-pay slip only with the concept of “Travel expenses” in the Other payments node.

2. In the field earnings code assigned in the accounting of the employer, the field is limited to 15 characters. Does the code refer to a ledger account?

How should the code be indicated, when it exceeds 15 characters?

• The field code of the Earnings node will reflect the code of payroll earnings of the accounting of each employer, i.e. the code that the latter assigns internally in accounting to each payroll payment made to the employee.

It can be comprised of up to 15 characters; if the code contains more, only the first 15 will be indicated.

INTERESTING FACTS

3. What happens when there is more than one employer registration (registro patronal) per company, how should this case be indicated in the payroll supplement?

• You must indicate the employer registration of the company, with which the employee is affiliated, i.e., from where the social security contributions are paid. .

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4. Case Total Salaries

• In this example, the amount of the

TotalSueldos (Total Salaries) attribute is the sum of the encumbered and exempt amounts corresponding to the earning types 001 and 002. The amounts of the earning types 022, 023 and 025 will be indicated in the TotalSeparacionIndemnizacion (Total Separation Severance Payment) attribute. The amounts of the earning types 039 and 044 will be reflected in the TotalJubilacionPensionRetiro (Total Retirement Pension) attribute.

5. Loans can also be declared in the node of other payments. What code applies to that type of payment?

• In this case, they would be reported with the code 999 Payments other than those listed and which should not be considered income from wages, salaries or assimilated income.

6. ¿Where can I find the CFDI Catalogs that are used in the version 1.2 for the payroll?

• The file with the catalogs of the payroll supplement (catCFDI. Xls) can be found on the following link: http://www.sat.gob.mx/ informacion_ fiscal/factura_electronca/ Paginas/ complemento_nomina.aspx

8. Art. 60 of the Federal Labor Law, indicates the type of working day; in this article three types are mentioned: day, night and mixed. The catalog of types of working days in the e-pay slip includes other types, which are listed below. What is the legal basis for these types of working days??

CHAPTER II Working day Article 58.- JThe working day is the time during which the employee is at the disposal of the employer to provide his/ her work.

Article 59.- The employee and the employer shall determine the length of the working day, without exceeding the legal maximum.

The employees and the employer may allocate the working hours, in order to allow the former to rest on Saturday afternoon, or in any equivalent manner.

7. Although loans will be added as an entry in the catalog of other payments, what will happen when such loans are deposited by a third party and not the employer?

• Only applies to payments made by the employer.

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9. What is the correct value for the field Payment Method? In the fillingout guide, it appears as A SINGLE PAYMENT and in the structure it indicates that it should have the code “99".

• In the case of version 3.2 of the CFDI, the phrase “In a single payment” shall be included in the formaDePago (Payment Mehtod) Node of the CFDI. For version 3.3 of the CFDI, code 99, which corresponds to the description “To be defined”, should be indicated in the formaDePago Node.

10. What happens when as a result of the type of operation, a taxpayer requires entering decimal points in the field of Overtime, but version 1.2 does not allow this?

• Version 1.2 of the payroll supplement considers the full amount of overtime and fractional amounts must be rounded; therefore, decimal fractions cannot be taken into account in such Node.

INTERESTING FACTS

11. The attribute “CuentaBancaria” (Bank Account) requires 10, 11, 16 and 18 digits in the format of the data; however, when a deposit is made via the same account, for example, Banamex-Banamex, BancomerBancomer, the deposit can be done through the Account no. in place of the CLABE. • For deposits between accounts, where the reference consists of 6 digits, it should be completed with zeros to the left until completing the 10 digits.

12. Within the validations, in case of multiple payrolls, it is stated that it is possible in the case of differentiated content. What does this mean? Does this mean that it is necessary to validate that at least one field of each supplement is different? That different earning codes are included? That they should be different income? Etc. Do you have any examples?

• The term refers to the possibility of issuing the monthly e-pay slip and that for each payment covered by the CFDI, a payroll supplement shall be incorporated; i.e., if 1 CFDI covers 2 biweekly payments, the monthly e-pay slip must include two supplements, each one with the data of the corresponding biweekly period.

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13. How will negative concepts be treated? Is their use limited to the totals of the payroll document, allowing their use in other sections of Earnings, Deductions and Other Payments or are negatives definitely not used in any value of the supplement?

• In version 1.2 of the payroll supplement the use of negative numbers for any item is not permitted; therefore, each one of the cases shall be analyzed that according to their current transaction report negative amounts to determine how they should be reported in the new supplement using the node for Earnings, Deductions, Other Payments and Disabilities.

14. Specifications for the Subcontracting Node • The SubContratacion (Subcontracting) Node can be registered multiple times in case the employee has provided services to different companies. The sum of the Percentage Time attribute values must be equal to 100 when the employee has provided services to different companies.

15. Specifications for the Earnings Node • The earnings node must be built according to the technical specifications of the supplement; the information can be verified in the test environment.

16. How many instances can the Overtime Node have?

• The Overtime node can be registered “N” number of times.

17. About the Earnings node • According to the technical standard, the elements AccionesOTitulos (Actions or Titles) and HorasExtra (Overtime) come from the Earnings node:

• According to the technical standard,

the Earnings, JubilacionPensionRetiro and SeparacionIndemnizacion elements come from the Earnings node:

Node, since they are only registered for informational purposes and are not considered a taxable income for the employee. In those cases in which the employee has not provided proof of the travel expenses and the criteria for accumulation is met, they are considered a taxed income, and thus should be reported as earnings.

21. About the Exchange Rate attribute • The TipoCambio (Exchange Rate) attribute can be omitted, but when included, it must have the value "1".

18. When the employee is paid in excess of his/her salary, what should be done with the following CFDI? Should it be reported as a deduction (excess payments)? Should this deduction include the amount paid in excess for social security and Infonavit?

• In version 1.2 of the payroll supplement the use of negative numbers for any item is not permitted; therefore, each one of the cases shall be analyzed that according to their current transaction report negative amounts to determine how they should be reported in the new supplement using the nodes for Earnings, Deductions, Other Payments and Disabilities, as the catalogs published on the website of the Mexican Tax Authority.

19. When a notice of suspension from the Infonavit arrives late at the payroll department and the contributions for the worker have been retained and a CFDI was generated, but the Infonavit has not been informed. What should be done in the following CFDI? Should it be reported as a non-taxable income (other income)?

• In this case, the employee can be refunded in the following CFDI with the Other Payments Node, since it is a non-taxable income.

20. Should travel expenses be reported as other income (non-taxable) regardless of the payment method of such travel expenses to the employee?

• Regardless of the form in which they are paid, travel expenses are reported in the Other Payments

22. What happens when a deposit is made to two accounts because the employee wants to divide the salary between two accounts? Currently, the model does not allow it. How should I proceed? Or does this option disappear?

• In the case of alimony, the bank account that receives the deposit is not reported; only the bank account of the employee to which the payroll payment is made, should be reported.

23. How should I proceed in the event that deductions are greater than earnings, since negative receipts can no longer be issued?

• Version 1.2 of the payroll supplement does not allow the use of negative numbers for any field. Further, according to the Federal Labor Law (Ley Federal del Trabajo), discounts in the salaries of employees are limited and subject to certain conditions; therefore, the e-pay slip could not result in a negative total amount, although the employee has a debt greater than his/her earnings. In this case, we suggest discounting the amount gradually from the worker in the following payments in order not to generate a negative total amount in the CFDI. 24. If an employee was paid in excess and the next payment is corrected accordingly, should the discount be registered with the code 013 or 014?

• The concepts paid in excess to the employee must be classified according to the TipoDeduccion (Deduction Type) catalog, in order to clearly specify whether it corresponds to a taxable or exempt deduction.

25. How do I obtain the authorization of a deceased employee to cancel a receipt?

• In accordance with rule 2.7.1.39 of the 2017 Miscellaneous Tax

Resolution, taxpayers will be able to cancel a CFDI, without requiring the acceptance of the recipient in the case of a payroll CFDI..

26. Cases of Disabilities Case 1 • A XML file contains the earnings type 014, which corresponds to a Disability and the same XML includes a 006 type deduction, which also corresponds to a Disability; however, the values for earnings in ImporteGravado (Taxed Amount) + ImporteExcento (Exempt Amount) are different from the amount indicated for earnings. The issue with these different values is that they do not allow the following validations to pass: #207 If the code expressed in the TipoPercepcion (Earnings Type) attribute is 014, the sum of the fields ImporteMonetario (Monetary Amount) must be equal to the sum of the values ImporteGravado and ImporteExento of the earnings # 215 If the code expressed in Nomina.Deducciones.Deducción.

TipoDeduccion (Payroll ,Deductions, Deduction, Deduction Type) is 006, the Deduccion:Importe (Deduction Amount) attribute must be equal to the sum of the Incapacidad:ImporteMonetario nodes (Disability, Monetary Amount).

What happens in a case like this?

• In this case the Mexican Tax Authority needs to know the information in detail; therefore, it should be reported in 2 CFDIs or in 1 CFDI with two payroll supplements.

Case 2 • Code 014 and code 006 earnings and deductions are used respectively.

However, according to the Filling out guide, issuing it in this way is not feasible.

For Complemento.nomina.percepciones. percepción.tipoPercepcion (Supplement, payroll, earnings, earning, Earnings type) it reads: • If the code expressed in the attribute TipoPercepcion (Earnings Type) is 014, the nodoIncapacidades (Disabilities node) must exist.

• If the code expressed in the TipoPercepcion attribute is 014, the sum of the fields ImporteMonetario must be equal to the sum of the values ImporteGravado and ImporteExento of the earnings.

• If the code expressed in Nomina.

•

Deducciones.Deduccion.

TipoDeduccion is 006, the disabilities element must exist.

If the code expressed in Nomina.

Deducciones.Deduccion.

TipoDeduccion is 006, the Deduccion:Importe attribute must be equal to the sum of the Incapacidad:ImporteMonetario nodes.

Example: In earnings, the element that belongs to the group 014 (Disability compensation) is: <nomina12:Percepcion TipoPercepcion=”014” Clave=”0001195” Concepto=” SUBSIDIO POR INCAPACIDAD” ImporteGravado=”1310.06” ImporteExento=”0.00” /> And in deductions, the element that belongs to the group 006 (Disability discount) is: <nomina12:Deduccion TipoDeduccion=”006” Clave=”0001095” Concepto=”INCAP POR ENFERMEDAD GENERAL” Importe=”2614.87” /> Both elements are of different value, and therefore cannot comply with the rule that states: • Disability.IImporteMonetario = Suma de los ImporteGravado + ImporteExento of the earning Y, while: Deducción.Importe (Deduction Amount) = sum of the Disability.

• ImporteMonetario (Monetary Amount), since this would imply overwriting the amount of the deduction and thus altering the original value, which from our perspective, is not correct.

In light of the above, would it be possible to have different values in earnings and deductions for the case of disabilities?

• In this case the Mexican Tax Authority needs to know the information in detail; therefore, it should be reported in 2 CFDIs or in 1 CFDI with two payroll supplements.

For Complemento.nomina.deducciones. deduccion.tipoDeduccion it reads: F E B R U A R Y - M A R C H 2 0 1 7 | A M E X I PA C

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