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					                            CORPUSIURE
                             International Associated Firms



                             A   B    O   G    A D O       S



            Reforms to the Income Tax Law and to the Federal Tax Code

       On last 4 June 2009 it was published the “Decree through which several
provisions of the Federal Tax Code and Income Tax Law are reformed and
complemented”

        According to the Ministry of Finance and Public Credit the reforms to the
Income Tax Law intends to clarify the confusion of some taxpayers about the rules
contained within this Law regarding social welfare and other concepts, as proved by
some tax revisions performed by the Service of Tax Administration (“SAT), since there
are Service Providing Cooperative Partnerships that work as “Pseudo Personnel
Outsourcing”, created with the only purpose to avoid contributions derived from a labor
relationship in charge of the employer.


         With the enforcement of the Reform it is stressed the incorrect interpretation of
some taxpayers and their advisors have made regarding the provisions of the ITL,
intending to obtain incorrect tax benefits attributed to social welfare and some other
benefits of social nature, when they are not legally entitled to do so. With the reform it
is clarified that according to the ITL by no means will be considered as social welfare
the expenses incurred by the company in favor of individuals different to the workers,
partners or members of Cooperative Partnerships; therefore income should not be
exempt for the beneficiary, nor the expenses are deductible for the paying party.

       It is established that in the case of expenditure under the General Law Of
Cooperative Partnerships, that are incurred as part of a social welfare trust will only be
deductible when the resources of the corresponding trust are used, as long as all the
following requirements are complied with:


a) That the social welfare trust from which they are derived is conformed by the
annual contribution of the percentage that; over the net income, has been determined by
the General Board.

b) That the social welfare trust is intended in terms of the article 57 of the General
Law of Cooperative Partnerships, to the following reserves:
1. To cover professional risks and diseases
2. To create trusts of savings for the retirement of partners.
3. To create trusts for seniority premiums
             TORRE WORLD TRADE CENTER WTC CIUDAD DE ME XICO
               MONTECITO # 38 PISO 38 OFICINA 38 COL . NAPOLES
                       C .P. 03810 CIUDAD DE MEXICO
                   WEB PAGE WWW.CORPUSIURE.COM.MX
                   E-MAIL JURIDICO@CORPUSIURE.COM.MX
                          CONMUTADOR 90 00 39 00
                            CORPUSIURE
                             International Associated Firms



                             A   B    O    G    A D O       S



4. To crate trusts with diverse purposes that cover: medical and funeral expenses,
allowances for disability, scholarships for the partners or their children, nurseries,
cultural or sport activities and other benefits of social welfare nature.

  In order to apply the deduction the cooperative partnership should pay, but for the
case of disability allowances, directly to the service providers and in favor of the
corresponding cooperative partner, the applicable social welfare benefits, having to
count with all the issued support documentation on behalf of the cooperative
partnership.


c) Prove that at the beginning of each tax year the General Board fixed the priorities for
the application of the social welfare trust according to the economic perspectives of the
cooperative partnership.

        Finally, in the Title IV of the Individuals I, the limits are summarized in regards
to the applicable exemption to the income obtained by concept of social welfare, since
now are included the amounts paid for the benefit of partners or members of cooperative
partnerships, restricting that way the amount to be considered exempt, dealing with
social welfare granted through trusts constituted for such purpose by the cooperative
partnerships.

        As it may be seen, the reforms to the ITL are focused in regulating the function
of the Service Providing Cooperative Partnerships in order to eliminate its use as
“Pseudo Personnel Outsourcing”, avoiding that way the abuse in the interpretation of
legal provisions.

         Regarding the Federal Tax Code, the articles 32 and 59 were reformed in
relation to the supplementary tax return and the presumption of fiscal authority. The
first establishes that now, the supplementary tax return will be submitted to replace the
previous one, having to include all the data from the latter even if only one detail is
modified. In regards to presumption of fiscal authority before the income and acts
performed by the taxpayers, it is established by the reform that for the verification of
income, value of actions, activities or assets for which contributions must be paid, as
well as the updating of the hypothesis for the application of the established rates in the
tax provisions, the tax authorities will presume but for proof of the contrary:

IX. That the goods reported by the taxpayer as exported were sold within the national
territory and not exported, when the taxpayer can not present, as required by tax
             TORRE WORLD TRADE CENTER WTC CIUDAD DE ME XICO
               MONTECITO # 38 PISO 38 OFICINA 38 COL . NAPOLES
                       C .P. 03810 CIUDAD DE MEXICO
                   WEB PAGE WWW.CORPUSIURE.COM.MX
                   E-MAIL JURIDICO@CORPUSIURE.COM.MX
                          CONMUTADOR 90 00 39 00
                           CORPUSIURE
                            International Associated Firms



                            A   B    O   G    A D O       S



authorities, the documents and information that supports any of the following
suppositions:

a) The material existence of the acquisition operation of the concerned good, or of the
raw materials and the facilities necessary to manufacture or transform the good that the
taxpayer states to have exported.
b) The means used by the taxpayers to storage the good that they stated to have
exported or the substantiation of the causes that made the storage necessary.
c) The means used by the taxpayers in order to transport the good to foreign territory.
In the event that the taxpayer has not transported the good, they will have to prove the
material delivery conditions of the good and the identity of the entity in charge of the
transportation.
        These presumptions are effective even when the taxpayer has an export permit
that supports the dispatch of the good.


                                    CONCLUSIONS


        Our firm considers that it is imperative to take into account the reforms within
the tax field in order to preserve the peace and proper functioning of companies, and
that is why the content of this bulletin is relevant.

        CORPUSIURE INTERNATIONAL ASSOCIATED FIRMS offers the service
of the Associated Lawyers in the Tax field, to provide consultancy in regards to the
topics discussed within this bulletin.




            TORRE WORLD TRADE CENTER WTC CIUDAD DE ME XICO
              MONTECITO # 38 PISO 38 OFICINA 38 COL . NAPOLES
                      C .P. 03810 CIUDAD DE MEXICO
                  WEB PAGE WWW.CORPUSIURE.COM.MX
                  E-MAIL JURIDICO@CORPUSIURE.COM.MX
                         CONMUTADOR 90 00 39 00

				
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