With the publication in the Official Gazette of the Federation (DOF) on November 12, 2021, the “DECREE by which various provisions of the Income Tax Law, the Value Added Tax Law, the Law of the Special Tax on Production and Services, the Federal Law of the Tax on New Automobiles, the Federal Tax Code and other regulations are amended, added and repealed. And with that the”Régimen Simplificado de Confianza (RESICO)” (Simplified Trust Regime) is included in our legal tax system. New Simplified
The amendments made to the Income Tax Law won’t become effective until January 1, 2022; therefore, with respect to the incorporation of the new regime that is included in this legislation, it is worth considering some observations.
In accordance with the transitory provisions of the Income Tax Law, established in the Decree of reference, Individual Taxpayers that prior to August 31, 2021, were taxed under the Tax Incorporation Regime (RIF), may choose to continue to be taxed under the RIF scheme, as well as enjoy the bimonthly returns referred to in Article 5-E of the Value Added Tax Law (LIVA); 5-D of the Law of the Special Tax on Production and Services (LIEPS) and the tax incentive scheme established in number 23 of the Federal Income Law for the fiscal year 2021, during the maximum of 10 subsequent fiscal years established in article 111 of the LISR, thus supporting their use even after these legal precepts are repealed as of January 1, 2021.
It is worth mentioning that for the legal purposes referred to in the preceding paragraph, individual taxpayers who wish to continue paying taxes under the Tax Incorporation Regime must file a notice of update of economic activities and obligations with the Tax Administration Service (SAT) no later than January 31, 2022.
Therefore, derived from the above, it can be inferred that even when the RIF is repealed due to the entry of the RESICO, the taxpayer may choose to use the regime that most benefits him/her, as long as he/she complies with the requirements in time and form.
Now, regarding the New Simplified Trust Regime that will become effective as of January 1, 2022, it may be used by both individuals and corporations, each figure will be regulated under its respective chapter in the Income Tax Law, which will establish the taxpayers that may opt to use them, as well as the requirements, obligations and benefits that each one encompasses.
It is worth mentioning that said regime was created and promoted by the SAT with the purpose of increasing the formal incorporation of taxpayers, assuming that for this purpose it would be convenient to implement the referred regime with benefits such as facilities for the payment of the corresponding tax and with minimum rates that consequently the more taxpayers pay the tax, although in a minimal manner, the more income the federation would receive.
In this context, with respect to individuals contemplating to be taxed under the new RESICO, they must consider that in order to apply to such regime, such taxpayers must only carry out business or professional activities or activities that grant the temporary use or enjoyment of goods, always considering that the total income obtained from any of the previously mentioned permitted activities has not exceeded the amount of 3.5 million pesos in the previous fiscal year or that in case of incorporating as a new taxpayer, such amount must not exceed the same amount.
The obligations and benefits granted by the new regime will be as follows:
- Request and keep your registration in the Federal Taxpayers Registry (RFC) up to date.
- Have an Advanced Electronic Signature (FIEL) and an active tax mailbox.
- Obtain and keep digital tax receipts through the Internet (CFDI) that cover all of its income actually received, as well as its expenses and investments.
- Issue and deliver invoices to its customers.
- Calculate and pay the tax on a monthly basis no later than the 17th day of the month immediately following the month in which payment is due.
- Make the respective payment by calculating the applicable rate with respect to the income received, without applying any deduction in accordance with the monthly table referred to in Article 113-E of the Income Tax Law.
| Amount of income supported by tax receipts actually received, excluding value-added tax (pesos per month) | Applicable rate |
| Up to 25,000.00 | 1.00% |
| Up to 50,000.00 | 1.10% |
| Up to 83,333.33 | 1.50% |
| Up to 208,333.33 | 2.00% |
| Up to 3,500,000.00 | 2.50% |
- Obligation to file the annual tax return in April of the following year, considering the total income received, without applying any deduction in accordance with the monthly table referred to in Article 113-F of the Income Tax Law. New Simplified
| Amount of income supported by tax receipts actually received, excluding value-added tax (annual pesos) | Applicable rate |
| Up to 300,000.00 | 1.00% |
| Up to 600,000.00 | 1.10% |
| Up to 1,000,000.00 | 1.50% |
| Up to 2,500,000.00 | 2.00% |
| Up to 3,500,000.00 | 2.50% |
The resulting amount may be reduced by the income tax paid in the monthly returns.
Based on the above, it can be inferred that there is indeed a balance between the obligations and the benefits that will be granted to taxpayers who choose to pay taxes under the new Simplified Trust Regime, given that the tax payment rates are considerably low, However, it should not go unnoticed that no deductions may be made when paying taxes under this regime and that taxpayers who omit three or more monthly payments or do not file annual returns will be restricted from continuing to pay taxes under this regime and the SAT will have the power to automatically place them under another regime. New Simplified
Regarding the Simplified Trust Regime for Legal Entities, the companies that contemplate to be taxed under the new RESICO must take into account that in order to apply to such regime, the main requirement is that the legal entity is formed by individuals, always considering that the total income obtained has not exceeded in the previous fiscal year the amount of 35 million pesos or that in case of incorporation as a new taxpayer, it must not exceed the same amount. New Simplified
The following cases are not taxable under this regime:
- Companies whose partners, shareholders or members participate in other commercial companies where they have control of the company or its administration,
or when they are related parties. - Those that carry out activities through trusts or joint ventures.
- Credit institutions, insurance companies, bonded warehouses, general deposit warehouses, financial leasing companies and credit unions; those who pay taxes under the Optional Regime for Groups of Companies; the Coordinated Companies and those who pay taxes under the Regime for Agricultural, Livestock, Forestry and Fishing Activities, as well as those who are under the Regime for Non-Profit Entities.
- Production Cooperative Societies.
- Those who cease to pay taxes in accordance with the provisions of the Simplified Trust Regime. New Simplified
or when they are related parties.
These taxpayers may make deductions in accordance with Article 208 of the Income Tax Law, which consist of the following:
- Refunds, discounts or rebates, provided that the corresponding income has been accrued.
- Procurement of goods and raw materials.
- Net expenses of discounts, bonuses or rebates.
- Interest paid derived from the activity without any adjustment.
- Employer’s contributions paid to the IMSS;
- Contributions made for the creation or increase of reserves for personnel funds and pension or retirement funds.
Taxpayers under this regime will make monthly provisional payments on account of the tax for the year no later than the 17th day of the month immediately following the month to which the payment corresponds and must calculate the tax for the year payable at the rate of 30%, and may credit against the annual tax the amount of the provisional payments made during the year. The obligations that these taxpayers must comply with are the general ones that must be complied with by corporations in terms of the Income Tax Law.
In conclusion, with the creation of the Simplified Trust Regime, the legislator took into consideration the application of provisions that will make it easier for taxpayers to comply with their tax obligations in a simpler way, through the simplification of the tax calculation and the use of technological platforms; which will allow taxpayers who pay taxes under this regime to determine their taxes according to their cash flow. New Simplified
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