Invoicing in 2012
Changes to the 2012 Federal Fiscal Code (Codigo Fiscal de la Federacion or CFF per its acronym in Spanish) brought a series of adjustments as far as digital tax receipts are concerned, making some of the requirements previously dispersed in other norms statutory and changing the verification scheme theretofore known.
Nevertheless, tax receipts may be issued until June 30, 2012 pursuant to Chapters I.2.7., I.2.8., I.2.9., II.2.5., II.2.6., and II. 2.7. of the Annual or Period Amendments enacted to the Tax Law (Resolucion Miscelanea Fiscal or RMISC per its acronym in Spanish) for 2011, without having to implement the new requirements laid down in CFF Article 29-A as of 2012, implementing where appropriate, the technical specifications laid down in Schedule 20 of the RMISC published in the DOF* on September 23, 2010 (Transitory Provisions of Art. Eighteenth of the 2012 RMISC).
The grace period granted by the tax authority for taxpayers to implement the tax receipt modifications has all but expired, and although it was expected that the First Resolution on the Modifications to the 2012 RMISC would include changes in this respect, that did not happen.
The prevailing general invoicing system will be the Digital Tax Receipt by Internet (Comprobante Fiscal Digital por Internet or CFDI per its acronym in Spanish), which should contain the requirements found in Article 29-A of the Federal Fiscal Code (CFF), however, other options are given in order to comply with the obligation for issuing tax receipts whether they be as a Digital Tax Receipt (Comprobante Fiscal Digital or CFD per its acronym in Spanish), or on paper with a security code, etc., provided the requirements laid down for each are complied.
Those who comply with the requirements laid down in Rules II.2.6.2.2. and II.2.6.2.3. may continue issuing CFDs. Those who exercise such option must submit a monthly report on the folios issued, since non-compliance is cause for losing this option.
Even when for tax purposes it is not mandatory to indicate the name of the taxpayer issuing the invoice, legally this data is essential in order to verify the legal relationship of the parties involved in the transaction such invoice covers.
It shall be necessary to report the last 4 digits of the account or card that customers use for payment.
Taxpayers with incomes of up to $4,000,000.00 pesos (Rule I.2.8.1.1 of the 2012 RMISC) may issue vouchers on paper. These vouchers shall comply with the requirements of CFF Article 29-B.
While being a possible means of verification for purposes of deduction and crediting, statements do not remove the obligation to issue tax receipts for those who have an income as far as income tax (ISR per its acronym in Spanish) purposes, or those who perform an act or activity subject to VAT and/or IETU (Mexico’s Flat Rate Corporate Tax).
Simplified receipts, whether printed or issued by tax-receipt type cash registers, must conform to the requirements laid down in CFF Article 29-C, and may not be used to give effect to the deduction or crediting of the transaction recorded by them.
In the case of shipped goods, specific rules are stipulated depending on whether the merchandise is of national or foreign origin.
The standards (norms or requirements) currently in effect for the CFDI and the CFD are 2.2 and 3.2 respectively. However, the extension granted by the SAT pursuant to the December 28, 2011 publication, allows for the governing standard for 2011 to continue being used during the first half of 2012, i.e. standard 3.0 and 2.0 depending on whether dealing with CFDI or CFD (Transitory Provisions of Article Eighteenth of the 2012 RMISC).
New requirements for tax receipts
As of July 1, 2012, the tax receipts must necessarily include:
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The tax regime for taxation
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For installment payments, the number, date and the total amount of the tax receipt that would have been issued for the total value of the transaction
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The unit of measurement
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Identification of the vehicle of the individual in the case of those taxpayers who fulfill their obligations through coordinated members and who would have opted to pay tax on an individual basis
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The vehicle identification code that corresponds to the version sold, disposed of, or otherwise transferred (conveyance of title) in the case of those taxpayers engaged in the manufacture, assembly or distribution of new and imported cars in order that such remain definitively in the northern border area of the country as well as in the states of Baja California, Baja California Sur and the partial region of Sonora
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The method of payment, as well as the last four digits of the number for the account or the credit, debit or service card, or cards referred to as electronic purses
Statements as a Tax Receipt
The printed or electronic statements issued by financial institutions, community financial corporations and financial integration agencies or organizations, or legal entities issuing credit, debit or cards, debit or services, shall serve as tax receipts provided that such reflect:
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the taxes transferred and itemized by applicable rate, except in the case of activities subject to VAT, and each transaction is equal to or less than $50,000.00, not including the VAT amount (Rule I.2.8.2.3. of the 2012 RMISC)
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the Federal Registry of Taxpayers identification number, both for whomever sells, disposes of or otherwise transfers (conveys title), grants use or enjoyment, or provides a service, as well as for their purchasers, the latter registering in their accounting those transactions covered in the statement (Art. 29-B, Section II of the CFF)
The REPECOS
It is important to stress that those who pay taxes under the Regime for Small Taxpayers (Régimen de Pequeños Contribuyentes or REPECO per its acronym in Spanish) are not required to issue CFDIs, because in order to remain under that taxation method, they should not issue receipts that meet fiscal requirements, and hence shall only issue simplified receipts (Article 139, Section V of the LISR**; Article 29-C, Paragraph Second, and Article 29-A, Sections I and III of the CFF).
Conclusions
It is mandatory to issue verifying documents for the activities undertaken pursuant to the legislation in force, the grace period granted by the Federal Treasury Department having expired; otherwise, unless there is a further extension, there is a risk of not being able to deduct or credit the amounts covered in same, or those who issue them being sanctioned.
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* Diario Oficial de la Federacion or DOF is the Official Gazette of the Federation
Source: www.idconline.com.mx
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