INCOME LAW OF THE FEDERATION FOR THE YEAR 2021

24/10/2020

Below we present the most significant changes in relation to the one in force in the previous year.

Chapter I

Of the Income and Public Debt In fiscal year 2021, the Federation will receive the following estimated income:

Chapter II

Administrative Facilities and Tax Benefits

ARTICLE 8. Surcharge Rates

The same surcharge rates continue for 2021, as follows:

In cases of extension for the payment of tax credits, surcharges will be incurred:

At 0.98% per month on unpaid balances.
When payment in installments is authorized, the following surcharge rate will apply:

to) Partial payments of up to 12 months, the surcharge rate will be 1.26% per month.

b) Partial payments of more than 12 months and up to 24 months, the surcharge rate will be 1.53% per month.

c) Partial payments from 25 months onwards and in the case of deferred payments, the surcharge rate will be 1.82% per month.

The surcharge rates established in section II of this article include updating.

Therefore, the rate of late fees will continue at 1.47% per month by 2021

ARTICLE fifteen. Reduction of Fines during 2021

During 2021, taxpayers who are imposed fines for infractions derived from non-compliance with tax obligations other than payment obligations such as:

Those related to the Federal Taxpayers Registry
Those related to the presentation of declarations, requests or notices
Obligation to keep accounting
For not making provisional payments in accordance with tax provisions
Except for those imposed for declaring excess tax losses and those contemplated in article 85, section I of the Federal Tax Code.

They will pay 50% of the fine, when:

Make the payment after the tax authorities initiate the exercise of their powers of verification and before the final act of the home visit is drawn up or the office of observations is notified in cabinet review.
In addition to the fine, the omitted contributions and their accessories are paid when appropriate.

They will pay 60% of the fine, when:

Make the payment after the final act is drawn up, or the notice of observations or the provisional resolution is notified in the case of electronic reviews, and before the resolution determining the amount of the omitted contributions or the final resolution in case of electronic reviews.

ARTICLE 16.

Tax incentives for 2021

As a novelty, it is established that the beneficiaries of the tax incentives provided for in sections I to VII of section A of this article 16, must consider them as accumulative income for the purposes of income tax, at the time they are effectively credited.

I. Incentive for people with business activities that use diesel or biodiesel and their mixtures as fuel in machinery

The stimulus will apply to people who carry out business activities and who obtain income for the purposes of income tax less than 60 million pesos in the fiscal year, without considering those from the disposal of fixed assets and land related to their activity, and will not be applicable for legal entities that are considered related parties according to article 179 of the Income Tax Law.
They will be able to credit an amount equivalent to the IEPS paid for the import or acquisition for their final consumption of diesel or biodiesel and their mixtures, provided that it is used as fuel in machinery in general, except in vehicles, against the ISR caused in the year in which it is Generate the stimulus, using the official form that the SAT will announce through rules.
When the accreditation is not made in the exercise, the right to do it later will be lost.
This stimulus will also be applicable to marine vehicles when the requirements established by the SAT through Rules are met.
For the application of the stimulus to biodiesel and its mixtures to proceed, the beneficiary must have the import petition, or the tax receipt in which the amount of each of the fuels contained in the case of mixtures is recorded. . The purchase receipt must also contain the number of the import request with which the importation of said fuel was carried out and must obtain a copy of said request from its supplier.

II. Requirements for applying the Diesel or Biodiesel Credit and their mixtures

The amount that can be credited will be the one that results from multiplying the corresponding IEPS fee according to article 2, section I, subsection D), numeral 1 subparagraph c) or numeral 2 of the IEPS Law, as appropriate to the type of fuel, with the adjustments that may correspond to it, in force at the time of importing or acquiring the diesel or biodiesel and their mixtures, for the number of liters imported or purchased.
People dedicated exclusively to agricultural or forestry activities in accordance with the sixth paragraph of article 74 of the Income Tax Law (whose income from said activities represents at least 90% of their total income) may credit the amount resulting from applying the factor of 0.355 , at the customs value or at the price recorded in the corresponding voucher for the acquisition of diesel or biodiesel and their mixtures, including the Value Added Tax. For these purposes, the tax corresponding to article 2-A of the IEPS Law will not be considered within the price.

III. Refund of IEPS for Agricultural or Silvicultural Activities

People dedicated exclusively to agricultural or forestry activities in accordance with the sixth paragraph of article 74 of the Income Tax Law (whose income from said activities represents at least 90% of their total income) may request the return of the IEPS instead of applying the accreditation for the importation or acquisition of diesel or biodiesel and their mixtures, in accordance with the following:
Individuals with income that does not exceed 20 times the annual value of the UMA in force in 2020, may request up to $ 747.69 per month, or up to $ 1,495.39 per month if they are taxed in the General Regime of Business Activities or in the RIF.
Morales persons with income that does not exceed 20 times the annual value of the UMA in force in 2020 for each member, without exceeding 200 times the annual value of the UMA in total, may request up to $ 7,884.96 per month or $ 14,947.81 provided they meet with its tax obligations in accordance with articles 74 and 75 of Chapter VIII of Title II Income Tax Law (Regime of agricultural, livestock, forestry and fishing activities)
The refund will be requested on a quarterly basis in the months of April, July and October 2021 and January 2022. The right to refund is valid for 1 year from the import or acquisition of diesel or biodiesel and their mixtures, and you will lose the right to do so later.

IV. Stimulus for Public and Private Transporters of people and cargo, and for Tourist Transport that use diesel or biodiesel and their mixtures as fuel in vehicles

They will be able to credit an amount equivalent to the IEPS paid for the import or acquisition for their final consumption of diesel or biodiesel and their mixtures, which is for automotive use, against their own income tax caused in the year in which the stimulus is generated, using the official form that will announce the SAT through rules.
When the accreditation is not made in the exercise, the right to do it later will be lost.
The amount that can be credited will be the one that results from multiplying the corresponding IEPS fee according to article 2, section I, subsection D), numeral 1 subparagraph c) or numeral 2 of the IEPS Law, as appropriate to the type of fuel, with the adjustments that may correspond to it, in force at the time of importing or acquiring the diesel or biodiesel and their mixtures, for the number of liters imported or purchased.
In order for the accreditation to proceed, the payment for the importation or acquisition of diesel or biodiesel and its mixtures must be made with an electronic purse authorized by the SAT, credit, debit or service card, personal check issued by the importer or purchaser for payment to the transferor’s account, or electronic transfer of funds from accounts opened in the name of the taxpayer.
The benefit may not be used by taxpayers who predominantly provide their services to related parties in accordance with article 179 of the Income Tax Law.
Additionally, for the application of the stimulus of biodiesel and its mixtures to proceed, the beneficiary must have the import petition, or the fiscal receipt in which the amount of each of the fuels contained in the case of the mixtures. The purchase receipt must also contain the number of the import request with which the importation of said fuel was carried out and must obtain a copy of said request from its supplier.
It is noted that the definition of private transportation of people or cargo includes that carried out by taxpayers with vehicles they own or with vehicles that they have under lease, including financial leasing, to transport their own goods or their personnel, or goods or personnel related to their economic activities, without thereby generating a charge.

V. Stimulus for Public and Private Transporters of cargo or passage, and for Tourist Transport that use the National Network of Toll Highways

The incentive will apply to carriers that obtain income for ISR purposes of less than 300 million pesos in the fiscal year, without considering those from the sale of fixed assets and land related to their activity, and will not be applicable to legal entities that they are considered related parties according to article 179 of the Income Tax Law.
They may credit up to 50% of the fees paid for using the National Network of Toll Highways, against the ISR of the year in which the expense is made, using the official form that the SAT will announce through rules.
Whoever does not accredit the stimulus in the corresponding exercise will lose the right to do so later.

SAW. Incentive for taxpayers who use fossil fuels in their production processes, as long as they are not used for combustion

They will be able to credit the amount that results from multiplying the corresponding fuel IEPS quota in accordance with article 2, section I, subsection H of the IEPS Law, by the amount of fuel consumed in a month, which has not been subjected to a combustion process, against the ISR of the year in which the fuels are purchased, using the official form that will be announced by the SAT through rules.
Whoever does not accredit the stimulus in the corresponding exercise will lose the right to do so later.
The SAT is empowered to issue general rules that determine the maximum percentages of use of fuel not subject to a combustion process by type of industry, with respect to liters or tons, as appropriate to the type of fuel in question, purchased in a calendar month, as well as the other provisions necessary for the correct application of this fiscal stimulus.

VII.Encouragement for holders of mining concessions who pay the special right on mining (Art. 268 LFD)

The stimulus will apply to holders of mining concessions and assignments whose gross annual income from the sale of minerals is less than 50 million pesos
It consists of crediting the special mining right paid in the year, against the own income tax corresponding to the same year in which the stimulus is determined.

VIII. Tax incentive for individuals and legal entities that sell books, newspapers and magazines

The stimulus will apply to people residing in Mexico who obtain at least 90% of their total income from the sale of books, newspapers and magazines, and whose total income in the immediately preceding fiscal year would not have exceeded 6 million pesos.
It consists of an additional deduction for ISR purposes, for an amount equivalent to 8% of the cost of the books, newspapers and magazines purchased by the taxpayer.

A paragraph is added to section A of this article to establish that the beneficiaries of the tax incentives provided for in sections I to VI of this section will consider as accumulative income for the purposes of income tax, the tax incentives referred to in the aforementioned sections. , at the time they are actually credited.

ARTICLE 21. Interest Withholding Rate

During 2021 the annual withholding rate on the interest paid by the institutions of the financial system will be 0.97% on the amount of the invested capital. Likewise, this article explains the methodology to calculate this rate. It should be noted that for 2020 this rate was 1.45% per year, so the decrease was 33.1%

ARTICLE 23. Tax benefits for RIF taxpayers

Once again, the provisions of the Decree that grant tax benefits to those who pay taxes in the Tax Incorporation Regime, published in the DOF on September 10, 2014 and which came into force as of January 1, 2015 are included. note that the facilities remain unchanged and under the same terms as in the previous year.

ARTICLE 24. Provisions for the purposes of the Income Tax Law

In this article the provisions remain in forcethat indicate facilities in support of those affected by the earthquakes that occurred in Mexico on September 7 and 19, 2017, both for individuals who receive financial support for the reconstruction of their home, and for civil organizations and trusts authorized to receive donations that give and receive donations to carry out rescue and reconstruction work in cases of natural disasters. These provisions continue in the same terms as in the previous year.