RSM Bogarín

I. Tuition deduction

Background

In your statement in 2011 may deduct the tuition you pay. The day this February 15 (2011), was published the decree grants fiscal stimulus to individuals who receive income from Title IV of the Income Tax Law in relation to the possibility of the Declaration annual deductible from 2011 ( Reduce the tax base of art. 177 of the Income Tax Law) payments for educational services.

The following table shows the deduction limits and benefit that this decree brings to individuals who are located in the course:

Who applies the stimulus

Payments of educational services for children applies to your spouse or the person living in concubinage and their parents or their lineal descendants, provided that the spouse, domestic partner, ancestor or descendant concerned not received during The calendar year income in an amount equal to or greater than that determined by calculating the general minimum wage of high taxpayer's geographic area per year.

Conditions for deduction

• Payments made to private educational institutions that have permission or recognition of official validity of studies in terms of the General Law of Education
• Only cover services for student teaching.
• Not valid for enrollment and school fees.
• Payments must be made by check of the taxpayer, transfers of accounts in credit institutions or brokerage firms or by credit card, debit or services.
• Supporting documentation that meets the fiscal requirements.

Comments

This decree complements the menu Personal deductions individuals with income in one or more of the chapters of Title IV of the Income Tax Law can be applied in the presentation of its annual statement, a profit which can vary according to the number of tuition and education level of each family member to be located on the course. We believe it is a good executive decision to encourage education and thus also invite individual taxpayers not to seek income exempt or not subject to law.

Cats susceptible to deduct the additional annual statement to this decree:

Medical fees, dental and hospital expenses, funeral expenses, donations, mortgage interest, additional contributions to retirement, health insurance, school transport (conditioned).
With this menu nurtured deductions can make a good planning of the proceeds to end the year with zero income tax.

II. Tax benefits in Sinaloa

In the DOF on February 17 this (2011), the SAT issued a decree to grant tax benefits to taxpayers residing in the municipalities of Sinaloa affected by the recent frost.

Who applies the stimulus

The individuals and companies that are exclusively dedicated to agriculture and livestock, which are taxed under the simplified, or obtain their income from business activities (general and intermediate).

Benefits

• 2010 filing of income tax and flat tax on in May 2011 in the case of legal persons, and in June the same year natural persons, without penalty or sanction.
• Payment up to six consecutive installments, covering in equal amounts for each month. The first found out with the declaration of the year, the amount of the second and following update for the period from the month in which filing year until the month in which payment is made, no cover charges and without ensuring fiscal interest.
• Payments are exempt from income tax and flat tax interim, on January, February and March 2011 and the first half of this year, as appropriate.
• Those who make payments for wages, unless treated as wages, income tax deductions heard January, February and March 2011, in two equal installments, if the service for which such income is paid is provided in the affected areas, the first bias found out in April 2011 and the second in May of that year, which was updated in April and May, no fees generated.
• Who find out the deductions to third semester, they will together with those concerning the second half of 2011, without penalty, only updates in July 2011 to January 2012.
• Those conducting ISR biannual interim payments may submit their VAT returns monthly, and in January 2011, later than the date they exhibit the declaration of February of that year, being entitled to the return of the balance for the respective .

Requirements for application

• Having the tax residence, office, branch or other establishment in Sinaloa in the municipalities of Ahome, Angostura, Badiraguato, Choix, Concordia, Cosala, Culiacan, El Fuerte, Cornwall, Escuinapa, Guasave, Mazatlan, Mocorito, Navolato, Rosario, Salvador Alvarado, San Ignacio, Sinaloa, provided they had filed the notice in question to the RFC before February 1, 2011

• Comments

The analysis of the previous decree may conclude that this document does not meet the characteristics to be called a decree, as we did not give any exemption from income, any additional deductions or any tax forgiveness, it is simply a deferral of the deadline tax returns, which in some cases are even inconsistent, for example deferral of the filing of income tax withholding whole, as the sector field normally produces no income tax withholding, but subsidy for employment. The only real benefit is the elimination of fees in the case of the tax payable in annual installments.

III. Facilities for the debt payment for the exercise Infonavit 2011.

During the current year (2011), Infonavit provides the following payment facilities to taxpayers who have outstanding debts between 2004 and the last two months of 2010.

(Table extracted from the website of IDC)

Additional Benefits

• Waiver of any other implementation costs 2% of the measure of demand for payment and seizure and is different from the intervention fees, and
• failure to file lawsuits, when the omission of amounts subject to regularization is to detect the commission of a possible crime.

Requirements

The facilities of the regularization of arrears program may be invoked regardless of whether the taxpayer is required to pay or not. The requirements will be:

• Submit to the offices of the Delegation of Infonavit closest to home written request that identifies the time periods, concepts and amounts owed, as well as how to cover this amount.
• Indicate how to guarantee the fiscal interest, if it will cover the debts through a payment agreement in installments
• Waive any means of defense had filed.
• Having covered the debits for amortization of the fine and other accessories and execution costs are not waived if payment in installments.
• Regulate all periods and debt.
• Integrating a data file containing your identification and deliver the payment formats (SUA) duly filled with the data identifying each of the workers who will cover the debts (for each quarter to regularize) in case of payment in installments and
• display copy of the corresponding payments with which certifies the total payment of debts by the contributions and redemptions, as well as accessories that are not subject to cancellation, if the payment is made in a single

Loss of facilities granted benefits lapse when:

• It detects false data provided or not the corresponding file is integrated with the relevant documentation.
• Do not display the guarantee of fiscal interest within the period prescribed in the Federal Tax Code.
• There is a default in the payment of three or more installments continuously or separately.
• It will default to two-month periods subsequent periods is regularized.
• Stand a means of defense against debits for bimonthly by before or after those who are the subject of the regularization.

Comments

As in previous years the public Infonavit their payment facilities for the purpose of encouraging all employers to adhere to it, thus achieving a consent of the debt, and as no hidden agenda to force them to defend against past or future periods outside of that decree, as would otherwise be outside. The only real benefit is proposed debt forgiveness in employer contributions and a portion of the fees. The recommendation would be to value each individual case because in our firm have made important decisions that give us reason to eliminate the tax credit in full, so think before joining the already mentioned payment facilities can approach our legal area.

Jose Luis Urena L. CP
Tax Partner Tax Committee Vice RSM Mexico