Amexipac Newsletter OctoberMexican Internet Association (AMIPCI), by the end of 2014 the population connected to the Internet reached 51%, which represents just under 54 million people

O C T O B E R 2 0 1 5 | A M E X I PA C . O R G | N U M B E R 1 2 |

CONEXIONEcosystems that enable government and e-commerce

JOURNAL ENTRIESBegin in SeptemberP. 1

TAXES IN THEWORLD

P. 17

DIGITAL MEXICOFigures of Interest

P. 2

ARE YOU READYTO OPERATE WITH

RECEIPT PROVIDERS?P. 11P. 5

E L E C T R O N I C TA X AT I O N E X P E R T S

AMEXIPACNEWSLETTER

Events for FilingTo being with, it is important to remember that the obligation to submit tax

entries via XML file does not apply generally; this obligation only

arises in any of the following events: when required by the authority as a

result of the exercise of verification authorities from january 2015, or

when requested as part of the process for requesting a refund or

compensation notice.

Information of Checks and TransfersAnnex 24 to the 2014 RMF does not establish criteria on how to add

information corresponding to checks or transfers, thereby raising doubt

among taxpayers with respect to whether this obligation applies only to

payments or also to collections. Therefore, this has been clarified in the same

Annex 24 to the 2015 RMF, by establishing that the inclusion of this

information is only required where there is an outflow of resources.

As part of the new provisions set forth in the 2014 Miscellaneous Tax

Resolution (Resolución Miscelánea Fiscal or RMF), which were

maintained in the 2015 Miscellaneous Tax Resolution in order to regulate

the legal obligation to send accounting information electronically, the

obligation to send in XML format all journal entries generated by the

management of the company created singular unrest among taxpayers

and accountants.

The obligation to send journal entries as part of the electronic accounting from the month of September, is with all reason cause for concern,

since under International Financial Reporting Standards, journal entries

must represent each transaction or operation of an economic entity,

not only those related to expenses or expenditures or with income, but also

internal transactions of the entity; for example, transportation of

merchandise between branches, allowances, or reserves for future

contingencies, etcetera.

In addition to sending the journal entries, the authority establishes the

obligation to include additional information in the entries as part of the file to

be sent, such as in the case of checks: the number, bank issuer (national or

foreign), account of origin, date, beneficiary, tax identification number

(in Mexico: Registro Federal de Contribuyentes or RFC, for its acronym

in Spanish), amount, currency, and exchange rate; and for transfers, in

addition to the obligations above: the account of destination and the

destination bank (national or foreign), and in all cases, the UUID code of

the receipt.

Before the apparent complexity of these obligations, the authority has

established certain criteria to clarify the regulations; however, the taxpayers

still have doubts.

1 AMEXIPAC NEWSLET TER

Article 1

ConclusionClearly, information related to the journal entries represents a

significant personal and economic effort for companies, but at

least this obligation only applies in particular events, and the

regulations have been clarifying controversial points, thereby

lightening such obligation.

Manuel Antonio Flores PazD FACTURE

JOURNAL ENTRIESBegin in September

Throughout the past 20 years, the “digitization” phenomenon in Mexico, or, perhaps it would be better to call it “internationalization” in Mexico – given the level of penetration that this platform has had- has undergone an uneven process that could not be explained without the existence of government initiatives that have driven it from time to time.

While 1998-2000 recorded an exponential

growth on initiatives from private entities, the

public sector held on to the paper culture,

notwithstanding that the “national development

plans” addressed big digitization initiatives, such

as public tenders, public registry of property and

commerce, digital signature, etcetera.

It is not until 2004-2007 that the public sector –

after a necessary change in the legislation-

promotes a mayor digitization project that

triggered the appearance of a whole industry,

passing from a kind of experiment to a model that

today is a mandatory benchmark for other

governments: the electronic invoice.

AMEXIPAC NEWSLET TER 2

José Luis AyalaDIVERZA

Figures of interest

Article 2

Presently, that industry has marked significantly

the course of public policies on electronic

taxation, thus perceiving the opening of a whole

universe of new opportunities, which otherwise

would have not had a chance to materialize.

The scenario is perfect: opening of the public

sector to execute initiatives in conjunction

with the private sector and sufficient

penetration of information technologies – and

their manifestations- in the private sector. The

following are figures for reference.

According to the 11th Edition of the Study on

Internet User Habits in Mexico published by the

Mexican Internet Association (AMIPCI), by the

end of 2014 the population connected to the

Internet reached 51%, which represents just

under 54 million people —the lack of

infrastructure and penetration was one of the

reasons why the electronic invoice was not

promoted as mandatory — and this figure is

expected to reach just over 66 million people by the end of this six-year Presidential

term of office.

Another relevant figure is that Internet exposure

time has changed from 5 hours 36 minutes in

2013 to 6 hours 11 minutes by the end of 2014.

If we take into consideration these figures and

make an appropriate correlation with the number

of existing technological ventures today, the

question no longer is: “will this be a profitable

business?”; the question should rather be: “How

fast do we insert our own entrepreneurship into

this scenario?”.

The figure of entrepreneurs in Mexico

increased from just over 6 million in 2011

to just over 12 million in 2015, and

although there is still a lot to do and achieve

—Mexico ranks number 9 in entrepreneurship

in Latin America— the truth is that the figures

cannot be less favorable… because there is talent,

interest, and openness for the feasibility of any

digitization project, but above all, its profitability.

“Mexico ranks number 9 in entrepeneurship in Latin America”

DIGITAL MEXICO


SAT article

MY ACCOUNTSA tool that simplifies your accounting


Complying with your tax obligations is very simple, since the Mexican Taxing Authority (Servicio de Administración Tributaria or SAT) puts at your disposal tools that facilitate the registry of your income and expenses, such as My Accounts, which is available at the SAT’s website:

EThe following persons can record their income and expenses:

To assist in the generation of the files they will send, the same can be

reviewed in the form and syntax validation tool in the SAT’s website.

Taxpayers that elect to do so have the option to submit their information

through authorized third parties known as invoicing assistants; the list of the

invoicing assistants is also available in the SAT’s website.

It is important to mention that those who use My Accounts are not obligat-

ed to send their information by Electronic Accounting, since the authority

receives their accounting information when they use My Accounts.

As part of some amendments to the tax regulations published by the SAT, natural persons who provide professional services or conduct any business

activity, with income over 2 million pesos, have to comply from january 2015 with the delivery of the E-Accounting, that is, they cannot use My

Accounts and, those with income under 4 million pesos in 2013, from

january 2016.

Therefore, taxpayers within this range of income must send their E-Account-

ing via the Digital Tax Inbox Buzón Tributario), hence it is necessary to

confirm the email they provided and have a valid Digital Signature.

LEGALPERSONS

Religious Associations

Authorized Donees

NATURALPERSONS

Registered with the Tax Incorporation Regime who provide services that

do not require a professional degree or who conduct business activities

that do not exceed two million pesos.

Who conduct business and professional activities.

Lease.

https://rfs.siat.sat.gob.mx/PTSC/RFS/menu/

MY ACCOUNTS

Ecosystems that enable government and e-commerce

Main article


CONEXIONNelly V. Maldonado AMEXIPAC

SATPrecursor of E-government in México

Tax Digitization in Mexico Global E-tax Outlook Gob.mx

CONEXIONWindow to Ecosystem Development

V.IV.III.II.I.

SATPrecursor of E-government in Mexico

I.

The exemplary case of the migration of tax services to the digital plane achieved by the SAT, places the SAT as a precursor of electronic government in Mexico.The

importance of this entity in the country’s business and economic transactions has triggered a scatter of business and government digitization projects. Therefore,

it is only natural that the SAT set up the Foro CONEXION (Connection Forum). Its leadership role in the use of information technologies and example of

collaboration models between the public and private sectors is a perfect example for the use of electronic means.

The “Foro CONEXION 2015” held last August 25-26 in Mexico City has its roots in the initiative lead by Aristóteles Núñez Sánchez, Head of the SAT, who from

his arrival to the deconcentrated body of the Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público or SHCP), has been an energetic

promoter of the application of information technologies in favor of private and government users.


CONEXION

Tax Digitization in Mexico

TAXPAYER REGISTRYin Mexico at June 2015:

1,716,842Legal Persons

II.Adrián Guarneros Tapia, Planning General Manager of the SAT, esaid

that data mining is presently used to predict taxpayer behavior. He

mentioned that a comprehensive sense of the data analysis is obtained

through coherence locks to the tax information processed.

Guarneros Tapia emphasized that today it is also possible to offer taxpayers

pre-filled electronic forms, the identification of inconsistencies in tax calcula-

tions through third party information, and valued-added services for end

users through the PACs.

As from 2015 , all transactions resulting in the determination of taxes will be

received by the SAT in real time, thus promoting timely tax self-correction,

without need for any authority intervention.

The Planning General Manager stated that the SAT’s next challenge is to

create tools that build from micro to macro data and which can identify

specific transactions that do not conform to the activities, profile, or business

of a taxpayer.

Juan Manuel Galarza y Mercado, Information Technologies General Manager, stated that the SAT will have 100% of its systems in the cloud by june 2016, thanks to reengineering projects currently underway.

This supposes a fundamental change for the SAT’s internal management, as

well as for the automation of the tax cycle of the taxpayer

Fernando Martínez Coss, Quality Management Central Manager of the SAT, presented the tax cycle in Mexico during the Forum, emphasizing that

the current legal framework is the enabler of each of its elements.

Martínez Coss said that the e-invoice model in Mexico is based on PAC

companies that offer the generation of receipts through multiple solutions

for the market, which in addition to the free tools of the SAT, broaden the

options to facilitate taxpayer compliance.

Thanks to the sum elements that currently enable electronic taxation, such

as: advanced digital signature, e-invoice, PACs, and Digital Tax Inbox, among others, with only 37,000 employees the SAT is able to audit almost

50 million active persons registered with the taxpayer registry.

Roberto Márquez Vasco, Vice-President of AMEXIPAC, A.C. mentioned that beyond the implementation of the e-invoice, currently PACs

also assist in payroll certification and withholdings, which form part of the

universe of Digital Tax Receipts Issued Through the Internet (Comprobantes Fiscales Digitales por Internet or CFDIs), processed

through PACs. However, he highlighted that the SAT has already

implemented, through the legal concept of service providers that receive

electronic documents, the option for taxpayers to seal e-accounting and VAT

statements. In the medium term, multieps and declaranot will also be

incorporated among other processes, totaling around 37.5 million transactions a year with the possibility of carrying out such transactions

through such service providers.

18,924,780Natural Persons

28,890,589Salaried Persons

27,755

49,619,966

Large Taxpayers

taxpayersTotal

Registry with the RFC

Issue of an e-invoice

Use of e-accounting

Tax returns and e-payments

Online refunds

E-audits

1.

2.

3.

4.

5.

6.


E-invoiceStatistics

14 millioninvoices stamped per day

420 millioninvoices processed per month

5,000 millionOver

invoices processed per month

Authorized Providers of Digital Tax Receiptsof all stamped invoices are processed by 90%


Global E-tax OutlookIII.

McBride also shared the work experience in laboratories for the conception

and testing of special projects developed by the tax authority in

collaboration with private experts.

Michael Hewetson, , Senior Advisor - Tax Administration at the Organization for Economic Cooperation and Development (OECD), pointed out that three years ago no tax administration had mobile

applications, and that today, only eight tax authorities have this kind of apps

that offer online services. Can you imagine the progress we will see in the next five years?

On his part, Newton Oller, Tax Revenue Agent of the Department of Finance of the State of Sao Paulo, Brazil, presented the tax electronic

domicile, analogous figure to the Mexican Digital Tax Inbox, where the

taxpayer can be notified online. The next objective for Brazil is to capitalize

the amount of tax services available online through information treatment

smart systems that use the digital signature, guaranteeing the quality and

security of the processed data.

Carlos Vargas Durán, Tax Administration Director of Costa Rica, expressed the importance of remembering that tax administrations are

service entities with respect to the taxpayers and the State. A study conducted by the tax administration of Costa Rica showed that 67% of taxpayers resort to an external advisor to comply with their tax obligations.

In 85% of cases, the external advisor is a public accountant who makes his

searches online. This requires public officials to have the ability of adapting

to the constantly changing current needs; therefore, today it is essential for

the organizational culture to be based on professional versatility and

management of online communication abilities.

Arturo Herrera, Governance Global Practice Manager of the World Bank, had an interesting participation in the Forum regarding the relation between psychology applied to the tax field. Herrera stated that strategies

have been studied to identify the circumstances that favor the compliance of

the taxpayers around the world. Preliminary conclusions point to radical

differences between taxpayer behavior in countries like the United Kingdom and Mexico: In the first, invitation letters that refer to the

punctual performance of other citizens and that underlined the benefits of

complying with a social welfare guideline, had the best success; while in

Mexico letters indicating that the tax authority has identified the

non-compliance and resulting debt, caused the payment with more

frequency.

Christiaan van der Valk, , member of the Executive Committee of the European E-invoicing Service Providers Association (EESPA) and representative of the International Chamber of Commerce (ICC), emphasized the urge of working together to homologate international

standards of critical business documents for the global supply chain, such as:

e-invoice, import/export documents, and other non-regulated documents. Bilateral relations between clients and providers are

increasingly being observed by tax controls. With such a diverse current

regulatory outlook of each country in relation to the e-invoice, Van der Valk

stressed the critical need to create international alignment standards to

enable foreign trade electronic transactions that respond to current

economic activities.

Countries like Spain, have been working on spreading the Latin-American

e-invoice model, as Rufino de la Rosa, Tax Management Office Director of Spain’s Tax Authority State Department (AEAT) mentioned. They begin

as from 2016 with a pilot program focused on the user which will display in

the AEAT website the invoices issued and received by companies required to

issue e-invoices by law, in such a way that data of companies and third parties

will be compared, thus reducing the obligations to submit provisional

returns. Efforts such as Spain’s have an impact beyond the tax universe,

benefiting businesses because of the acknowledgement of business

transactions by electronic means in tax platforms.

In the case of the United Kingdom, the relation with third assisting parties

for the development of tax compliance tools is strengthened daily thanks to

the satisfaction threshold of taxpayers estimated at 82%. The foregoing

according to Brigid McBride, Third Party Digital Services Manager of HM Revenue & Customs, who mentioned during the Forum the program of commitments to increase the tools available for third parties that support

the development of applications for the government tax system.

Gob.mxIV.

V.

In this regard, María del Rocío Ruiz, Undersecretary of Competitiveness and Regulations of the Ministry of Economy, said that they are working on

modeling the necessary regulations to foster electronic identification means

that provide information technology security and legal certainty to all

parties involved in online commerce.

The ecosystems fostered by the National Digital Strategy are

already a reality in the tax field, where the following roles are

assumed:

The vision of Aristóteles Núñez Sánchez, Head of the SAT, stands out;

his vision acknowledges the variety of services where third party providers,

such as PACs, can increase the government’s operating capacity through

innovation and interoperable developments for different applications such

as, among many others, processing passports, obtaining transportation

licenses, registering vehicles, driver’s license.

Another example of the public-private relationship can be found in NAFIN’S Guarantee program, Jacques Rogocinski, Chief Executive of Officer of NAFIN, described the operation the institution sells in real time with respect

to financial institutions to small and medium enterprises (PYMES, for its acronym in Spanish: pequeña y mediana empresa) with a credit history that

want to obtain better credit conditions, thereby offering the PYME the best

offer available with up to 20% reduction in interest rates.

It is necessary to set up development laboratories of the certified digital

communication model in Mexico. The government and the private sector

must participate in discussing and defining critical digital structures for

applying information technologies in the relevant field:

Connecting citizens and government and their peers, main purpose for the efficiency of the public sector and the country’s productivity.

In spite of its roots in the tax field, the Foro CONEXIÓN went beyond

treasury topics and related to core issues of e-government.

Gathered in one place, key federal public administration players agreed on a

core baseline, common to all subjects presently exposed to the need for

online services: change of paradigms.

Alejandra Lagunes Soto, National Digital Strategy Coordinator, mentioned that we are experiencing a technological revolution in Mexico,

where 50% of the population is connected to the Internet, and today there

is a government whose purpose is, thanks to the transversal strategy lead by

her office, to connect the government and the citizens via electronic means.

The enablers contemplated by the National Digital Strategy are:

Two of the goals sought by means of the enablers above are government

transformation and digital economy.

The government transformation presumed by an Open Government is

already accomplished by the gob.mx, portal, single window for filings and

services. It also seeks the implementation of an information technology

policy that is sustainable for the federal public administration and that

envisions citizen-centered digital communication.

On its part, the purpose of digital economy consists of developing the digital

goods and services market and promoting the development of e-commerce.

Both objectives are fundamental for the progress of the public administra-

tion and for the continuity of economic development in Mexico.

CONEXIONWindow to Ecosystem Development


1.

2.

3.

4.

5.

Taxpayers / CitizensEnd users, core of the services

SHCP/SATOpen governmentConnectivity

Interoperability

Legal Framework

Open Data

Multiple windows of the private initiative regulated by the authority, which offer technical and legal solvency guarantees.

Digital Inclusion and Skills

Authorized Provider of Digital Tax Receipts, PACs

CONEXION 2015 leaves topics open that require coordination between the

authorities of the three branches of government and the private sector, from

which we can isolate two fundamental ideas:

1. Availability, security, and efficiency of digital governmental processes

and services.

2. Tools that provide legal certainty to e-commerce and online financial

transactions.

In this line of thinking and following the stand of the speakers of the

CONEXION Forum, the priority of homologating the advanced electronic

signature and making it interoperable for all governmental services and

processes stands out.

With over 13 million digital signatures issued, the SAT is currently the

agency that concentrates the largest volume of digital personal

identification certificates.

It is worth reflecting on the coverage of the universe of holders of advanced

electronic signatures which now supports the SAT’s public key infrastruc-

ture, considering that:

Natural Persons

a. All Mexican citizens over 18 years with a Unique Population Registry Code (Clave Única de Registro de Población or CURP) are

automatically registered with the federal taxpayers’ registry, thus

guaranteeing that the personal identification of all citizens of the

National Population Registry is associated with a tax registry number

which will be a key element for economic activity.

b. The process to obtain the Advanced Electronic Signature (FIEL, for its acronym in Spanish: Firma Electrónica Avanzada) is free at the SAT’s offices once a citizen actually starts his economic activities.


c. The association of the CURP with the RFC enables the unique identifi-

cation of a citizen-taxpayer, thus allowing the legal certainty of the

actions of the holder by means of a digital certificate: one single digital

signature for each citizen.

Legal persons

As core entities for Mexico’s economic activities, legal persons are required

to register with the federal taxpayers’ registry in order to start their

operations, which directs this group directly to the SAT for the issue and

renewal of their digital signatures.

The convergence of all economic agents of the country in the SAT positions

this governmental agency as the ideal manager of the single digital citizen

identification platform.

Should the foregoing become a reality, the SAT would turn from an e-govern-

ment precursor to the foundation of government development and e-com-

merce in Mexico. We would then have to ask the following questions: “What

challenges does the establishment of the SAT’s advanced electronic

signature imply to become the digital citizen identification means? What are

the alternatives for standardizing the secure identification in electronic

transactions in the country? How can we contribute to the determination

and implementation of the strategy that solves the need for homologating

online identification? It is clear that we are dealing with a fundamental issue

to ensure the sustainability of public and private communications.

We invite the participants of the CONEXION forum to continue promoting

the use of information technologies and to use this space again as a window

of the efforts, progress, and challenges of certified digital communication

and online government services available in Mexico.

Sources: Foro CONEXION website, www.foroconexion.org Memoria 2015. SAT’s website, www.sat.gob.mx

Article 3

ARE YOU READY TO OPERATE

Rafael Zanón FernándezEDICOM


WITH RECEIPT PROVIDERS?

Below is an explanation of some issues to take into account when considering a PSRDD as an intermediary in your submission process of tax documents.

The 2015 Miscellaneous Tax Resolution

announced that the figure of the Service Provider

that Receives Electronic Documents, more

commonly known as PSRDD, would be created

this year. These authorized providers will be

responsible for validating, certifying, and sending

electronic documents in a secure form to the SAT,

in addition to providing to the taxpayer proof of

the process. The goal is to: increase service availability, offer more advanced solutions for companies, and ultimately, facilitate the direct electronic communications processes of taxpayers.

PSRDD will act as “electronic windows”. That is, the SAT’s website will cease to be the only

receipt means for electronic documents. As Jorge

López Chapa, Chairman of AMEXIPAC, explained

in the July newsletter, PSRDDs will be

authorized to receive and certify VAT returns,

e-accounting, or annual tax returns of salaried

persons, among other documents.

For now, the SAT has not published the list of

authorized PSRDDs. Once said list is published,

companies may continue using the SAT’s services

or they may start operating with these external

providers without need for any prior process. This

is an optional measure, although taxpayers that

opt to use it will gain significant advantages.

First, response times will be reduced. In fact,

PSRDDs will be required to deliver the document

to the taxpayer with the digital seal of the SAT

affixed thereto, the XML of the acknowledgement

of receipt, and the graphic representation

instantly. Then, the same provider will be in

charge of verifying the delivery and entry of the

document in the SAT, which must be made within

the hour.

Document validation by PSRDDs grants greater

security and is faster. Besides, we have to

consider that these providers will offer more

expeditious solutions; hence all tax processes will

be shortened and simplified. One of the main

added values will be the automatic integration

with management/ERP systems, which will avoid

manual processes, as it occurs today.

Even though all PSRDDs will comply with the

requirements of the SAT, the technological

capabilities of each provider will be different. To

determine the provider that best suits your

company, it is advisable to take into account these

characteristics:

• Commitment of AvailabilitySome companies contractually guarantee a

commitment of availability in their solutions

greater than 99%.

• Usability of the PlatformEnsure that the solution for the submission of

documents is easy to use and adapts to your

needs.

• Value AddedEvaluate the technological capabilities of the

PSRDD. It is possible to implement integrations

with your accounting system to automate the

issue and submission of documents to the SAT.

• Global ServiceWhy not leave all your communications with the

SAT in the hands of one single service provider?

Interacting with one single company will help you

be more efficient.

• Technical SupportRequest that the provider respond quickly and

responsibly in the event of any problem. You can

verify this through the certifications of the

provider and the Service Level Agreement (SLA)

it offers.

Soon, you will be able to check the authorized

receipt providers in the SAT’s website. Once

again, the tax and the technological worlds will

join hands to enhance service and to facilitate

compliance to the taxpayers, making companies

more efficient and competitive, whether large,

medium, or small.ARE YOU READY TO OPERATE

The list of Service Providers that Receive Electronic Documents (PSRDD, for its acronym in Spanish: Prestadores de Servicios de Recepción de Documentos Digitales) authorized by the SATto validate, certify, and send digital tax documents that have been electronically defined by the SAT will soon be published. If you are already using the SAT’s website to submit your tax documents, you are ready to use the services of a PSRDD to automate and optimize your processes. You can choose to continue doing things as you have until now, or use one of these providers which will provide greater added value.

Sources:http://dof.gob.mx/nota_detalle.php?codigo=5377710&fecha=30/12/2014 http://issuu.com/amexipac/docs/boletin_julio_2015_n11 http://www.sat.gob.mx/Paginas/Inicio.aspx

How to choose yout PSRDD?



Javier CentenoSTO

News

Another option will be for the taxpayer to carry out the process in the SAT’s

website through a free tool enabling compliance of Tax

obligations. Regarding the payment of taxes, banks’ IT development and

referenced payment service with a payment code are being used; therefore,

the use of technology will generate major advantages for both the taxpayer

and the authority.

Using this platform will definitively facilitate the registry of the taxpayer’s

invoices when the taxpayer files its tax return, since its information will be

automatically recorded upon accessing the application. It is worth noting

that the taxpayer will be able to obtain customized information, which will

enable the filing of its payment statements, informative statements, and tax

returns, improving information quality and strengthening its trust.

Derived from all the information available to the Mexican Taxing Authority (SAT), taxpayers will be able to obtain their annual tax return pre-filled and

ready to be sent in a term no later than two years, said Aristóteles Núñez.

He also announced that there is already in place an institutional framework

for taxpayers to file their annual tax return under a regulated technological

standard, this through mobile devices; There will be a third party

facilitator between the SAT and the taxpayer that will allow the taxpayer to

file a pre-tax return; this third party will send such information to the

Tax Authority.

ELECTRONIC TAX RETURNSPRE-FILLED

BOLETÍN AMEXIPAC 14

We want to thank the Head of the SAT,

Aristóteles Núñez Sánchez, for his support to the Foro CONEXION 2015 initiative.

We also want to express our most sincere gratitude to

Guillermo Valls Esponda, Taxpayer Services General Manager,

who made this effort possible.

We especially recognize the work of

Sandra América Rodríguez Peña, Germán Tavera Zacout and Fernando Martínez Coss,

who directly and through their teams carried out, in an exemplary

manner, the planning and development of the Forum.


PRE-FILLED

15 BOLETÍN AMEXIPAC

Selling electronic taxation

In brief

RECEIPT PROVIDERS

In a first stage, PSRDDs will be able to send VAT returns, e-accounting, and

annual tax return of salaried persons, and the taxpayer will obtain a receipt of

delivery or proof of the information provided by the taxpayer.

The PSRDD will act as recipient validating and certifying electronic

documents in a responsible manner.

In summary, the PSRDD figure will be the opportunity that many taxpayers

have been waiting for in order to be more efficient in their processes, with the

opportunity of integrating their IT systems and connecting them with this

service provider.

Are you prepared to have a better service, more speed, more flexibility, more

options, reduced costs, and, above all, be more efficient?

The challenge will be to allow access to and analyze the different options of

the Receipt Services Providers of Electronic Documents that will soon be

published in the SAT’s webpage, and to make the most of the efficiency and

diversity for submitting tax filings, electronic documents, and tax receipts.

Who is the Receipt Services Provider of Electronic Documents (PSRDD)?

An easy analogy of the new figure would be: “The SAT is a mercury drop and

spilled mercury creates new mercury drops; these would be the PSRDDs”.

This means that the PSRDD adopts certain regulated autonomy for the

receipt of electronic filings currently provided by the SAT through its various

digital services in its official webpage www.sat.gob.mx, and this figure

broadens the scope with more possibilities for the taxpayer.

On the other hand, the SAT will still be the central link that regulates all techni-

cal, tax, and legal mechanisms that arise; meanwhile, the new strengthened

figure will be able to offer more alternatives and usability for taxpayers,

generating more competitiveness in the industry and to the SAT.

In this way, the taxpayer will be able to choose to use the digital services

window of the receipt provider (PSRDD) that offers more services, greater

ease of use, and availability that allows the taxpayer to reduce its administra-

tive and operating workload, whose activity lies in the compliance with

tax obligations.

Receipt services will evolve in many filings that are currently made at the SAT;

all integral services for taxpayers offered by PSRDDs, which are still flourish-

ing, are still to be known.

Mauricio ReyesEDIFACT

For more information visit the SAT’s websitewww.sat.gob.mx


BRIEF APPROACH TO ELECTRONIC CONTRACTS

Gil Ramírez AnguloPEGASO

Presently, the tendency to globalization and its

immediate consequences, such as technology

development, Internet, and new business

models, is greatly influencing aspects such as

commerce, which causes an increasing use of new

ways of contracting that, given the technology

dynamics and equivalence presented by its

formulation, as well as its easiness with respect to

its execution and storage, allow the contracting

parties to be absent, not having the document

evidenced in paper, and to omit a hand-written

signature.

Thus, the main transactions executed by consum-

ers, suppliers, and businessmen are made with the

help of contracts, which also extend to any

purpose such as: goods and services, as provid-

ed by our legislation.

With respect to Mexican Law there is no specific

definition of this type of contract. Therefore, we

have to abide by the general definition provided

by the Federal Civil Code with respect to

Contracts. Additionally, or in other words, consid-

ering the fact that it is formulated and accepted

by electronic means.

Conversely, for the Spanish Law on Information

Society Services and E-Commerce (Ley Española

de la Sociedad de la Información y de Comercio

Electrónico), its paragraph h) defines it as: “any

contract in which the offer and the acceptance are

transmitted by electronic equipment for data

handling and storage, connected to a telecommu-

nications network”.

Taking into account the aforementioned, it is

possible to generally define the Electronic

Contract, as a contract that is formalized through

a computer-to-computer electronic data

interchange. Accordingly, it encompasses all

contracts executed by electronic means.

As we can observe, ICTs give us a series of

benefits that allow the formalization of legal

instruments of any kind between absent persons,

thus placing us within the so-called functional

equivalence of the electronic form to the written

form (traditional form, to call it in some way).

A series of forms with respect to the execution of

this type of contracts are implemented in other

countries, modalities that may be cutting edge or

maybe more evolved, and same that we could

discuss in another article, as the case of the:

“Click Wrap”.


RECEIPT PROVIDERS

Did you know?

THE WORLDStefania CervantesE KOMERCIO

Almost all citizens in the world have the same concern: paying taxes. We Mexicans feel that most of our salaries go to the payment of taxes; however, Mexico is country number seven in America that pays taxes.

Tax culture

AMERICA

EUROPE

Brazil27.5%

Denmark55.56%

Spain52%

France45%

Germany45%

Italy43%

Greece42%

Portugal48%

United Kingdom45%

Argentina35%

Canada29%

USA39.6%

Mexico30%

Venezuela34%

Colombia33%

Guatemala7%

Peru30%

Chile40%


TAXES AROUND

One of the problems in our country is that most Mexicans feel that

their taxes are wasted in extraordinary luxuries of the authorities

or they simply believe that this obligation is unfairly divided. It is

worth emphasizing that in Mexico the Income Tax rate is paid, on

average, with 30% of our salaries (depending on how much each

person makes).

On the other hand, there are countries or even continents where

all citizens pay taxes, but that money returns to the citizens in

several ways: with good highways, strong infrastructure, high level

of education, publicly held companies, pensions, high salaries,

maternity aids, among others.

Countries where the money is reinvested in the society have the

lowest corruption rates, a better quality of life, and citizens are

more likely to pay. However, it is to stress that achieving equity of

payment is easy when the economy grows, the employment market is

active, there is low unemployment, and authorities collect enough.

Below, the percentage of each country in the world.

ASIAAFRICA

OCEANIA

China45%

Taiwan45%

Thailand35%

Vietnam35%

India33.99%

New Zealand

33%

Samoa

27%

Fiji

20%

Republic of Korea38%

Japan50.84%

South Africa40%

Australia45%

Tanzania30%

Democratic Republic of

the Congo30%

Nigeria24%

Egypt25%


Papua NewGuinea

42%

According to the Kohler dictionary for accountants, journal entry is defined as

“the form used in a receipt system to which invoices, receipts, and other proofs of

debt are attached, indicating the authorization to make the payment, the details

of the settlement, and other relevant details”.

For the purposes of e-accounting, journal entries have to meet the following

requirements: they must be analytical; they must be made by the last calendar

day of the month following the date on which the activity or transaction was

carried out; they must differentiate the tax folios of the tax receipts that

support the transaction, allowing for the identification of the method of

payment, the various taxes, rates, and fees, including transactions, acts, or

activities not subject to taxes according to the transaction, act, or activity in

question; where it is not possible to identify the tax folio assigned to the tax

receipts in the journal entries, the taxpayer may, through an auxiliary report,

list all tax folios, the code in the RFC, and the amount included in the receipts

that cover such entry, pursuant to Annex 24, Section E, which is very useful for

generating global entries, mainly with outsourcing or service payroll, or

invoicing providers. (Article 33 of the Federal Tax Code Regulations, Rules

2.8.1.17 Section II, 2.8.1.4 Section III of the 2015 Miscellaneous Resolution). It

is important to mention that journal entries must include the Tax Receipt

Unique Number, known as (UUID_CFDI) since in many cases only the XML of

the CFDIs is mentioned, but not necessarily the universally unique identifier

(UUID).

Journal entries will only be sent to the Mexican Taxing Authority (SAT) in the

following three events:

1) Where a return or compensation is requested or processed.

2) Where verification authorities are exercised.

3) Where information of third parties related to the taxpayer is request

(certification), resulting from the exercise of verification authorities; in all

cases, the journal entries must be generated in XML format and in

compliance with the technical specifications mentioned in Annex 24,

paragraph D, of the 2015 Miscellaneous Resolution.

In the event balances are netted in favor of previous years, in addition to the file

of the entries of the year that is being netted, the SAT may request to submit

for one time only, the ones that correspond to the year in which the credit

balance that will be netted originated, provided the netting corresponds to

credit balances generated from January 2015 or following months and until

the remaining balance corresponding to such year is netted or if the return of

such balance is requested (Rule 1.2.8.1.8. of the seventh resolution of

amendments to the 2014 Miscellaneous Resolution).

Daniel MedinaQUADRUM

Pursuant to the Miscellaneous Resolution for 2015 published in the

Federal Official Gazette (Diario Oficial de la Federación or DOF) on

December 30, 2015, and the first resolution of the amendments to the 2015

Miscellaneous Tax Resolution published in the DOF on March 3, 2015, the

period to send the journal entries starts from September 3, 2015, with

information of the month of July 2015, for taxpayers (natural or legal persons)

with income greater than 4 million pesos in 2013. Remember that legal

persons have to send their account balance on a monthly basis within the first

3 days of the second month following the month that corresponds to the

information that is to be sent, for each month of the relevant tax year, and

natural persons within the first 5 days of the second month following the

month that corresponds to the information that is to be sent.

Background

1-2-3JOURNALENTRIES

1

Journal Entries2

Events for filing journal entries3


Information of interest

EDITORIAL MANAGEMENTNelly V. Maldonado | AMEXIPAC

ART AND DESIGNHELLOID.NET

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