If you work for fees, evaluate if it is convenient for you to change to the new Trust Regime

One of the tax changes that came into effect this year was the creation of the Simplified Trust Regime (Resico) with which the Tax Administration Service (SAT) seeks to attract more people to formality and simplify procedures for those taxpayers who pay taxes in other regimes.

The Resico, as it has been stated, seems striking at first glance due to its low ISR rate, which will be between 1.00 and 2.50%, depending on the income of the taxpayers. However, tax experts recommend those who pay taxes under the professional services regime, also known as fees, to take stock of their situation to see if it is convenient for them to change.

One of the first things to consider, said Elio Zurita, a member of the Tax Investigation Technical Commission of the Association of Public Accountants of Mexico, is to analyze whether the requirements to pay taxes in said regime are met.

“The taxpayer must take into account that his income must not exceed 3.5 million pesos per year, in addition to not being a partner or shareholder of any company since, if he changes and is detected by the Treasury, he will have to present complementary declarations and pay the ISR under the previous scheme, and not with the Resico”, explained the accountant.

He added that if you are a professional, with a fixed salary from a company, you can opt for the Trust Scheme as long as your income does not exceed what is stipulated. The taxpayer may even collect income received from salaries, fees, investments and even the sale or rental of real estate.

no deductions

Another point that must be considered is the deductions. Angélica Campoamor Roldán, general director of Guidance and Assistance to the Taxpayer by Remote Means of the Taxpayer Defense Attorney’s Office (Prodecon), explained that given the low ISR rates that are contemplated in the Resico for ISR, deductions are no longer contemplated authorized.

“There are people who have too many expenses and it is probably convenient for them to stay in the Professional Activities Regime, because the mechanics of that regime is income minus authorized deductions, and on that the tax to be paid is calculated. If that person does not have considerable expenses, what they can do is opt for the Resico because it is calculated through very small rates and they are based on income,” he said.

For example, if a taxpayer works as a doctor in a hospital where he is granted all the necessary tools to carry out his profession, he will have few expenses and, therefore, authorized deductions, for which the Trust Regime may suit him more.

On the other hand, if that same doctor must buy his instruments to carry out his activity, he will have several expenses that he can deduct not only to lower the ISR rate, but also to have a credit balance, so it would be better for him remain taxed by fees.

Campoamor Roldán indicated that another point that must be considered is that, just as there will be no authorized deductions, taxpayers who pay taxes in the Resico will also not be able to present personal deductions for their annual declaration, such as medical, dental, hospital expenses, analysis and clinical studies, school fees, among others.

VAT, unchanged

Although ISR deductions cannot be made in the new regime, VAT can be credited since it did not undergo any modification.

In this sense, Elio Zurita recalled that taxpayers must continue to issue and request an invoice, either when providing a service to others or when making an expense, in order to make the VAT accreditation effective.

In case of meeting the requirements and wanting to switch from the Professional Services Regime to the Trust Regime, the taxpayer must submit a notice of economic activity update to the SAT, with file 71/CFF. If you are a new taxpayer and want to opt for the regime, you will have to submit the notice of registration to RFC 39/CFF and, if you suspended activities, submit a notice of resumption with file 74/CFF.

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