NEWSLETTER AMEXIPAC - JANUARY 2015

p.1 The ABC of Electronic Accounting

p.3 2015 Electronic Accounting Expo

p.5 Electronic Withholding CFDI Document

p.9 PAC News STANDARD 151

AMEXIPAC NEWSLETTER E L E C T R O N I C TA X AT I O N E X P E R T S |

JA N UA RY

2015

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A M E X I PA C . O R G . M X

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PAC: COMPREHENSIVE TAX CONNECTION STATEMENT OF TRANSACTIONS WITH THIRD PARTIES (DIOT), WITHHOLDINGS, PAYROLL SLIPS, ACCOUNTING, AND ELECTRONIC INVOICE

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Article 11 artículo

THE ABC OF ELECTRONIC ACCOUNTING BY:

NELLY MALDONADO AMEXIPAC

Do you know which documents comprise electronic accounting?

CHART OF ACCOUNTS The chart of accounts is the file that will serve as basis for associating the number of the ledger account or first level subaccount and for obtaining the description in the account balance. Therefore, taxpayers must ensure that the assigned account number corresponds in both the chart of accounts and the account balance in a given period.

The concepts of the statement of financial position, such as: assets, short-term assets, long-term assets, liabilities, short-term liabilities, long-term liabilities, equity; the concepts of the income statement, such as: costs, expenses, and comprehensive financing income, and the line item memorandum accounts, are not considered ledger accounts or first level subaccounts.

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ACCOUNT BALANCE Must include initial balances, transactions of the period, and final balances of each and every account of assets, liabilities, equity, profit and loss (income, costs, expenses, and comprehensive financing income), and memorandum accounts.

The account balance must reflect the balances of the accounts, allowing the identification of taxes receivable and payable, as well as transferred taxes actually charged and transferred taxes actually paid; income accounts must distinguish between different rates, fees, and activities that do not have to pay the tax.

JOURNAL ENTRIES Each journal entry must distinguish the tax folios of the tax receipts that endorse the operation, allowing the identification of the payment method, the different contributions, rates, and fees, including those transactions, acts, or activities that do not have to pay contributions pursuant to the transaction, act, or activity in question.

When does the Electronic Accounting obligation begin?

JANUARY 1, 2015

JANUARY 1, 2016

a) IInstitutions that comprise the financial system.

a) Taxpayers whose cumulative income declared or that should have been declared corresponding to 2013 is lower than 4 million pesos.

b) Taxpayers whose cumulative income declared or that should have been declared corresponding to 2013 is equal to or greater than 4 million pesos.

b) Taxpayers engaged in agricultural, silvicultural, livestock, or fishing activities that comply with their tax obligations under Title II, Chapter VIII of the Income Tax Law. c) Legal persons referred to by Title III of the Income Tax Law. Non-profit legal persons. d) Taxpayers registered with the Federal Taxpayers’ Registry during 2014 or 2015.

Taxpayers that register with the Federal Taxpayers’ Registry (Registro Federal de Contribuyentes or RFC, for its acronym in Spanish) as from January 2016, from the first day of the month following the month on which they registered.

What dates apply for the monthly delivery of the Electronic Accounting file to the Mexican Taxing Authority (Servicio de Administración Tributaria or SAT, for its acronym in Spanish)?

I. CHART OF ACCOUNTS • First time when the first account balance is submitted.

• If the account balance is modified at the level of the accounts reported, the account balance must be sent no later than on the due date of the obligation to send the account balance of the month in which such modification was made.

II. ACCOUNT BALANCE

• Legal persons: During the first 3 days of the second month following the month corresponding to the information that will be sent.

- Adjusted account at the closing of the period, April 20 of the year following the corresponding year.

• Natural persons: During the first 5 days of the second month following the month corresponding to the information that will be sent.

- Adjusted account at the closing of the period, by May 22 of the year following the corresponding year.

• Listed taxpayers and subsidiaries: Must sent their information in monthly files for each quarter according to the dates of the following table..

Months January, February, and March April, May, and June July, August, and September October, November, and December

Deadline May 3 August 3 November 3 March 3

• Legal and natural persons engaged in agricultural, silvicultural, livestock, or fishing activities (Title II, Chapter VIII of the Income Tax Law) no later than within the first 3 and 5 days, respectively, of the second month following the last reported month of the semester, through monthly files. Provided they chose to make provisional payments of the Income Tax on a bi-annual basis.

III. JOURNAL ENTRIES These may be requested: 1. In the exercise of the verification authority of Art. 22, 9th paragraph and 42 Sections II, III, IV, or IX of the Federal Tax Code.

2. As a requirement for filing refund or compensation requests referred to by Articles 22 or 23 of the Federal Tax Code, respectively, or as required under Article 22, 6th paragraph of the Federal Tax Code.

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Article 2

2015 ELECTRONIC ACCOUNTING EXPO Compliance is easier than ever OPENING SPEECH BY:

MR. ARISTÓTELES NÚÑEZ SÁNCHEZ HEAD OF THE MEXICAN TAXING AUTHORITY

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CLICK TO SEE THE

FULL SPEECH

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Article 3

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ELECTRONIC

WITHHOLDINGS Withholding and Payment CFDI Document BY:

The topic of withholding certificates as a Digital

EKOMERCIO

Tax Receipt issued through the Internet (CFDI, for

GUSTAVO ALDANA

its acronym in Spanish: Comprobante Fiscal Digital por Internet) in on the table since late 2013 when the 2014 reform to the Federal Tax Code (Código Fiscal de la Federación or CFF, for its acronym in Spanish) was published, which establishes changes related to the taxpayers’ obligation to issue Digital Tax Receipts through the Internet (CFDI). Resulting from these amendments, it is established that CFDIs must be issued for acts or activities performed, for income received, or for contribution withholdings made.

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Article 4

ELECTRONIC WITHHOLDINGS

Withholding and Payment CFDI Document It is important to consider that: While this information was already available by the end of 2013, it was until the last quarter of this year when the SAT released the rules and tools for this obligation. Below is an explanation of some details that are important to keep in mind to be informed and to comply with tax obligations.

LEGAL BASIS The legal basis and specifications of this obligation are found in the 2014 Tax Reform that involves the 2014 Miscellaneous Tax Resolution (Resolución Miscelánea Fiscal or RMF, for its acronym in Spanish) and the Federal Tax Code (Código Fiscal de la Federación or CFF, for its acronym in Spanish).

MISCELLANEOUS TAX RESOLUTION

FEDERAL TAX CODE

DIGITAL TAX RECEIPT

(RMF) RULE I.2.7.5.4:

(CFF) ARTICLE 29 FIRST PARAGRAPH:

Through the Internet covering withholdings and payment information..

• Establishes that the electronic withholding and payment document is an electronic digital tax receipt different from the electronic invoice.

Taxpayers must issue tax receipts through digital documents where tax regulations establish the obligation to issue tax receipts for the acts or activities they perform, for income received, or for the withholdings of contributions made.

• It can be issued per event or on an annualized basis.

• It can be omitted if the information of the invoice was already included in an electronic invoice.

Exhibit 20 to the Miscellaneous Tax Resolution was updated, which considers the following:

a. A standard digital tax receipt through the Internet covering withholdings and payment information.

b. The generation of digital seals for digital tax receipts through the Internet covering withholdings and payment information.

c. The technical specification of the two-dimensional barcode to be incorporated in the printed version of the digital tax receipt through the Internet covering withholdings and payment information.

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BINDING NATURE All taxpayers that withhold a tax are obligated to deliver a CFDI endorsing this action. This document contains the information on the withholdings and payments made by the taxpayers and is comprised by a set of general information to which the applicable complement is attached.

Some of the complements are: • Retirement plans • Payments to foreigners • Non-commercial trust • Interest • Lease under a trust • Mortgage interest • Prizes • Financial sector • Derivatives transactions • Securities transfer and transactions

COMPLIANCE DATE The corresponding withholding certificates must be sent to the authority by January 31, 2015. The SAT grants the facility to prove all 2014 withholdings in one single CFDI.

BENEFITS With the new regulation, the person to whom the withholding is made has the guarantee that the resources have been delivered in due time and form to the authority, allows information management, storage, and usage optimization by the SAT, in addition to guaranteeing the order and control of the operations.

REQUIREMENTS TO ISSUE THE ELECTRONIC WITHHOLDINGS AND PAYMENT DOCUMENT • Taxpayers have to be registered with the RFC. • Taxpayers must have a Digital Signature (FIEL, for its acronym in Spanish: Firma Electrónica) and Digital Seal Certificate (CSD, for its acronym in Spanish: Certificado de Sello Digital).

MAIN INFORMATION OF THE DOCUMENT • General information of the issuer and recipient • Total amounts • Period •Selection of the corresponding complement

Lastly, it is important to consider that The Electronic Document is not proof of income, expenses, or transfers, as previously mentioned. It is a new type of CFDI that is not linked to the electronic invoice or to any other type of CFDI document. What it does require is to incorporate a complement depending on the withholding.

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PAC News

PAC NEWS:

CURRENT OPERATIONS, TECHNOLOGICAL NOVELTIES

STANDARD 151 (NOM 151) BY:

GREG WERNER REACHCORE

Recently, the Ministry of Economy convened a Working Group to update the standard on the conservation of data messages known as NOM 151 SCFI 2002.

Standard 151 (NOM 151) was published in the early 2000s to create a standard of how to conserve electronic documents in a comprehensive and reliable manner in the long term. Additionally, it considers the figure of a legally authorized third party so organizations can migrate paper-based documents to electronic documents.

Although the new version of NOM 151 is still under development as the working group submitted its proposals of standards and by a few votes the standards on digital signature and long-term conservation based on the ETSI (European Telecommunications Standards Institute) in Europe won. The standards contemplate the generation of signatures and documents for PDF, XML, and CMS documents, the latter supporting any document format other than XLM or PDF. By adhering to international open source standards, organizations

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will have multiple options of third parties to implement NOM 151, both commercial and open source.

The Certification Service Providers (PSCs, for its acronym in Spanish: Prestadores de Servicios de Certificación) of the Ministry of Economy will continue assisting with the provision of services known as time stamping, so that the applications structuring their documents according to NOM 151 can have an official time and date of when the digital fingerprint of the document was certified. The request and procurement of time stamping from the PSCs does not require sending the original contents to the PSC; however, the organization may choose to hire lump-sum services from the PSC to generate both the digital signature of the document and the NOM 151 certificate.

We will publish more updates on this important standard in future AMEXIPAC newsletters

MEMBERS AMEXIPAC E L E C T R O N I C TA X AT I O N EXPERTS COMPREHENSIVE SERVICES: · Electronic Invoice · Electronic Accounting · Electronic Payroll · Electronic Withholdings · Electronic Tax Returns

One more reason to hire an AMEXIPAC Member

www.amexipac.org.mx/socios

News

NEWS

SAT ELECTRONIC CERTIFICATES

Change of structure BY:

MARCELA CISNEROS DIVERZA

Last November 10 the SAT notified all Authorized Providers of Digital Tax Receipts (Proveedores Autorizados de Certifiación or PACs, for its acronym in Spanish) through a special communication that from January 1, 2015, the structure of the digital signature certificate will be modified as follows: • The length of the keys for the digital signature and digital seal certificates changes from 1024 to 2048 bits.

• The length of the key of the root certificate of the Certifying Authority changes from 2048 to 4096 bits.

• The digital signature of the certificate will incorporate the SHA-256 algorithm that will be used for 2048-bit codes.

Pursuant to the foregoing, all PACs face the challenge of making technological adjustments so that as from 2015, our services and applications are able to verify the validity of the digital signature or digital seal certificates whose private codes have different lengths of 1024 or 2048 bits.

Under this guideline, the SAT addresses a recommendation by the National Institute of Standards and Technology (NIST) of the United States of America to grant a greater level of security to the encryption processes of digital signatures.

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Things to consider…

• This specification causes a change in the length of the original chain and digital signature; therefore, a modification to the databases of the systems that store these fields must be considered.

• The signature algorithm of the CFDI does not change; it will continue being SHA-1 until otherwise established in Exhibit 20 to the Miscellaneous Tax Resolution.

• With respect to the stamping process, as long as the SAT does not substitute the Digital Seal Certificate it has granted in custody to the PAC, the seal of the tax stamp will be generated with a 1024 CSD.

Did you know?

PERSONAL DATA PROTECTION

IS THERE A NEED FOR A COMPLIANCE OFFICER IN COMPANIES? BY:

GIL RAMÍREZ PEGASO

The constant evolution of society converges with new forms to do business and the development of information and communication technologies (ICT). ICTs are the precursors of the existence of new rights or, in some cases, the acknowledgement of rights. The foregoing has led several countries to consider in their laws the right to the protection of the information of individuals and even to contemplate such right as a “Human Right” at a constitutional level, as in Mexico, as we emulate the European system/model.

Thus, new ordinances, legal concepts, and obligations of companies, which are now entities regulated on data protection, are constituted with the acknowledgement of the right to the protection of personal data. The assessment and analysis of these new regulations allow us to realize the fact that organizations constitute the modernization of work forms, result of the ICTs that allow for the compilation, in many cases badly made, and transfer of large databases and personal information. Recalling that the system for the protection of data is designed in the transfer and flow, but not in the compilation.

Presently, with the exiting national laws on personal data protection it becomes necessary for companies to comply with these regulations that, given their significance, scope, and specialization, require the organizational structure of a Compliance Officer, whose purpose, among others, is to safeguard the protection of personal data, the exercise of ARCO (access, rectification, cancellation, and opposition) rights of the holders, the measurement of the efficiency and maturity of the taxpayer, to decrease the imposition of fines, as well as the commission of crimes in this field. And as a result of the foregoing, to reflect certainty, acknowledgment, and honesty with respect to suppliers and customers.

For that end, the Compliance Officer may assist himself, for example, with a series of professional ethics codes, best professional practices polices, model agreements as the ones of the OECD, and, as in the specific case of the “PAC Guidelines on Data Protection”, which were prepared by AMEXIPAC to assist its members in the performance of their obligations on personal data protection.

MANAGEMENT Nelly V. Maldonado | AMEXIPAC ART AND DESIGN HELLOID.NET AMEXIPAC, A.C. ®2015 All rights reserved. This publication may not be reproduced or stored in whole or in part in a recovery system or transmitted in any way, whether by electronic, optical, mechanic, photocopy, magnetic, recording, or any other means, without the prior written authorization of AMEXIPAC, A.C. For any clarification please contact us at the following email: info@amexipac.org.mx. The contents and information provided herein are integrated and/or developed only for information purposes and do not constitute a professional, tax, or legal opinion, hence AMEXIPAC does not assume any liability on its use.

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