For companies that provide maquiladora services and are under article 182 of the Mexican Income Tax Law (MITL), which consist on determining a minimal taxable profit based on adding a 6.5% over the operating costs and expenses or 6.9% over the operating assets total value known as “Safe Harbor” or filing for a transfer pricing particular resolution (Advance Pricing Agreement), have the obligation of informing the tax authority of all the maquila operations undergone in the fiscal year.
According to the third modification to the Miscellaneous Fiscal Resolution (MFR) for 2016 (published June 2016), an additional tree months for the DIEMSE filing.
This filling was originally due on the 30th of June 2016, but according to the fifth transitory article of the third modification to the MFR this filing can be presented on September 2016.
The article reads “in order to comply with articles 182 and 183 or the MITL and rulings 18.104.22.168 and 22.214.171.124 of the MFR for 2016, the 2015 DIEMSE can be presented in September 2016 at the latest”.
It is important to acknowledge that recently the Tax Administration website has made available the option to file the 2015 information.
Benefits of filing the DIEMSE
1. The presentation of a letter indicating the fiscal profit obtained using the safe Harbor option is relieved.
It’s worth noting that presenting said latter on the last day of march is an obligation for the maquiladora Company.
2. The Company is relived of presenting on march the amount and the calculation of the fiscal stimulus consisting in an additional deduction regarding payments to the maquiladora workers, as this information is part of the DIEMSE.
It is very important to file the DIEMSE as it informs in a substantial manner the maquila operations undergone in 2015 and with this be in compliment with article 182 of the MITL and by this prevent the maquiladora parent company of being considered a permanent establishment in Mexico.
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