©2010 galaz, yamazaki, ruiz urquiza, s.c. “highlights before filing the mexican annual tax...

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©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C. “HIGHLIGHTS BEFORE FILING THE MEXICAN ANNUAL TAX RETURN” Héctor Silva Meeting - Breakfast March 17, 2010

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Page 1: ©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C. “HIGHLIGHTS BEFORE FILING THE MEXICAN ANNUAL TAX RETURN” Héctor Silva Meeting - Breakfast March 17, 2010

©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C.

“HIGHLIGHTS BEFORE FILING THE MEXICAN ANNUAL TAX RETURN”

Héctor Silva

Meeting - Breakfast

March 17, 2010

Page 2: ©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C. “HIGHLIGHTS BEFORE FILING THE MEXICAN ANNUAL TAX RETURN” Héctor Silva Meeting - Breakfast March 17, 2010

©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C.

Computation of SH and tax credit requires the following information from the US.

- Machinery of equipment.- Value and acquisition date.

-Inventory.- Monthly balances of inventories kept in México.

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COMPUTATION OF S. H. AND TAX CREDIT

Page 3: ©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C. “HIGHLIGHTS BEFORE FILING THE MEXICAN ANNUAL TAX RETURN” Héctor Silva Meeting - Breakfast March 17, 2010

©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C.3

S. H. NOTIFICATION

- File a notice with the Mexico City tax authorities.

- Pending to confirm if the electronic return is going to be mandatory; this will include companies electing the transfer pricing option.

Page 4: ©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C. “HIGHLIGHTS BEFORE FILING THE MEXICAN ANNUAL TAX RETURN” Héctor Silva Meeting - Breakfast March 17, 2010

©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C.

INFORMATION FOR IMPORT/EXPORT OPERATIONS

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- Since 2008 this information is requested in the annual tax return. Necessary to obtain official customs database ("glosa" from SAT) to compare with own records.

- 2009 is not mandatory to report in the annual tax return.

- 2009 is mandatory for those filing an tax audit report.

Page 5: ©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C. “HIGHLIGHTS BEFORE FILING THE MEXICAN ANNUAL TAX RETURN” Héctor Silva Meeting - Breakfast March 17, 2010

©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C.

OFFSETTING OF INCOME TAX VS. FLAT TAX

- During the year estimated income tax payments can be credited against monthly Flat Tax.

- At year end, estimated income tax payment is offset (compensation) vs. Flat Tax.

- Compensation notice must be filed within 5-18 days (upon the letter of the tax ID number).

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Page 6: ©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C. “HIGHLIGHTS BEFORE FILING THE MEXICAN ANNUAL TAX RETURN” Héctor Silva Meeting - Breakfast March 17, 2010

©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C.

INTERCOMPANY ACCOUNT BALANCE

Intercompay balances in excess of a reasonable period 80-100 day may impact tax calculations.

A/P.- More likely, will require a transfer pricing adjustment to report a reasonable mark up.

Thin capitalization, when intercompany debt exceeds 3/1 equity, exchange losses, that are deemed as interest, may be limited for deduction.

A/R.- May require a transfer pricing adjustment.May be considered as a deemed dividend for US tax purposes (956 IRS

tax code).

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Page 7: ©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C. “HIGHLIGHTS BEFORE FILING THE MEXICAN ANNUAL TAX RETURN” Héctor Silva Meeting - Breakfast March 17, 2010

©2010 Galaz, Yamazaki, Ruiz Urquiza, S.C.

Héctor [email protected]+52 (664) 622 7840