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Tax Administration Service Mexico

Tax Administration Service Mexico. Mexican Tax Administration Service. President. Other Gral Admons. AGAFF. AGR. AGGC. AGA. AGJ. AGAC. CA. CA. CA. Int Legal Affairs & Legal Criteria. International Fiscal Audit. Transfer Pricing. CA. CA. CA. Planning, Supervision

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Tax Administration Service Mexico

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  1. Tax Administration Service Mexico

  2. Mexican Tax Administration Service President Other Gral Admons AGAFF AGR AGGC AGA AGJ AGAC CA CA CA Int Legal Affairs & Legal Criteria International Fiscal Audit Transfer Pricing CA CA CA Planning, Supervision & Evaluation, CA Sector Gobierno Legal Disputes Legal Affairs CA CA CA CA Diverse Taxpayers Consolidated Corporations Programing Tax Collection

  3. Crossborder Payments: • a) Foreign Earned Income • b) Deduction of Mexican Resident • Foreign Tax Credit • Investments in Tax Heavens • Permanent Establishments • Origin Verifications • Exchange ofInformation Specific Atributions (Art. 7 Tax Administration Service Law)

  4. Auditor’s opinion for tax purposes • Tax Return Multiple Informative • Overseas Payments • Investments in Tax Heavens • Foreign Financing • Related Parties • Customs Database • Taxpayers Database & Tax Returns • Exchange of Information Filed before Tax Returns Information Sources

  5. Compliance • Planning Audit Focus Create awareness on taxpayers based on the constant monitoring and analysis to detect agressive tax planning and non compliance of international fiscal regulations (surveillance)

  6. Audit Programs • Withholding rate (Law or Convention) • Compliance of the Convention • Tax Withholding and payment Crossborder Payments Foreign Earned Income

  7. Audit Programs • Compliance of fiscal deductions regulations (Arts. 29 to 32 Income Tax Law) • Back to back credits (Art. 92 Income Tax Law) • Withholding tax and payment Crossborder Payments Deduction of Mexican Resident

  8. Most of the resources are used for auditing corporations, nevertheless we seek to have more fiscal presence in individuals. • Due to the significant increase in the turistic and real estate industries, new audit programs will focus on leasing operations of individuals (turistic destinations)

  9. Specific Audit Programs • Interests. Debt Planning. • Royalties • Related Parties Services • Artistes & Sportsmen • Leasing • Sale of Stocks Crossborder Payments Foreign Earned Income

  10. Audit Programs • Determine the limit of the credit (art. 6 Income Tax Law) • Payment of tax effectively done overseas Foreign Tax Credit In 2004, 2,472 tax returns with foreign tax credit were filed for an amount of $587 million pesos, representing a 72% increase with respect to fiscal year 2003

  11. Determine tax for investments in tax heavens • File Informative Tax Returns regarding such investments • Benefit for corporations with enterprise activities that have such type of investments Investments in Tax Heavens Audit Programs In 2004, 540 tax returns of corporations were filed, from which 63% declared investments in stocks for an amount of $6,916 million pesos

  12. Audit Programs • Tax determination regarding PE’s • Verification of depreciation rates and amortization of assets • Allocated expenses • Intercompanies expenses from abroad Permanent Establishments

  13. Audit Programs Questionnaries Visits to the premises of an exporter or producer • Imports under preferential treament for customs tariff purposes Origin Verifications Verification types (exporter/producer)

  14. Audit Programs • Support area in charge of international matters related to nationals with foreign earned income Exchange of Information Spontaneaous Automatic or Routine Upon Request (Specific) Types

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