Friday, October 7

Who can and who cannot pay taxes in the Simplified Trust Regime?

It’s coming, the deadline is almost here for those who already declare before the Tax Administration System (SAT) to inform if they wish to remain in the Tax Incorporation Regime (RIF), or wish to ‘move’ to the Simplified Trust Regime (Resico).

This system, proposed by the Ministry of Finance within its 2022 Economic Package, is a simplification that aims to make the payment of Income Tax (ISR) easier, faster and more efficient.

Given the ‘tide’ of doubts that this may mean, the SAT published a series of most common questions about the Resico that, possibly, will clarify more about what the system is about.

What individuals can pay taxes in the Simplified Trust Regime?

The SAT explains that the taxpayers who can do so are:

  • Those who carry out only business, commercial, industrial, trucking, agricultural, livestock, fishing or forestry activities.

Also included are taxpayers from mechanical workshops, printers, restaurants, cafeterias, kitchens, canteens, bars, grocery stores, miscellaneous stores, mini-supermarkets, schools, nurseries, hardware stores, auto parts stores, among others.

  • Provide only professional services: personal service, independent personnel provided to companies, government agencies or individuals, for example: law, accounting, medicine, among others.
  • Grant the use or temporary enjoyment of real estate, from the lease or sublease, and in general for granting the use or temporary enjoyment of real estate in any form for valuable consideration.

A very important clarification: you can apply to this regime if you are a natural person with annual income less than 3.5 million pesos according to your economic activity.

Who is it no Can they pay taxes according to the Resico?

According to the SAT, these are the taxpayers who are:

  • Partners.
  • Shareholders.
  • Members of legal entities or that are parties related to the terms of article 90 of the Income Tax Law.
  • Residents abroad who have one or several permanent businesses in Mexico.
  • Have income subject to preferential discal regimes.
  • When they receive income to which they refer fractions III, IV, V and VI of article 94 of the ISR Law relative to those that are assimilated to salaries.