A few years ago, those entrepreneurs who intended to grow their companies and industries in this country, by buying fixed assets and investments and use them in Mexico, could enjoy of a fiscal stimulus that was legit, related to being able to deduct practically 100% of the investment made in Capex during the same fiscal year.
Where did that possibility go? Well, as expected, the tax authorities removed it from federal law a couple of years ago, because this stimulus reduced the tax collection in the country of those companies that took it.
Now, when a company is in the process of expansion, no matter if, it is small, medium, or large, what the stockholders want, is that their investments be deductible at the time they are growing (not later…). Pay many taxes in the process of growth, becomes a big problem for the business. This was completely understandable for the SAT a couple of years ago, but now, with the new needs in terms of resources that the current government has, it seems that for them is no longer “logic” at all.
The obvious question is, as a taxpayer, do I have another alternative to be able to legally deduct 100% of the purchase of assets that I make during my expansion period and later pay the corresponding taxes? In the middle of 2022, the answer is “yes”.
Think of it this way, if you are a main business owner and you are not doing anything to deduct your assets quickly and intelligently, but your competition is doing it, then clearly, you are not in an advantageous position against them.
There are different ways to do this; here we give you some alternatives (there are more):
1) Sell your assets from the operating company to a lessor subsidiary (an operation known nowadays as a “sell & lease back”).
This figure has a couple of sensitive issues since there are a series of steps and contracts that must be perfectly documented. We must remember that this idea would only help as a tax deferral.
2) Combination of advance payments with the option of services
Like the previous one, this idea will only help us as a tax deferral (mainly Income Tax). It is true that by 2022, the SAT shielded everything so you don´t deduct items related to services when it comes to assets; however, they left the door open for other ideas.
It is important to remember that, if you choose any of these paths as a taxpayer, you must comply with each one of the requirements that the laws on the matter contemplate, otherwise, the benefit may be lost and the damage may even be greater if the hand of a true tax expert does not lead it.
Taking into account “reportable schemes” is undoubtedly one of them, as well as transfer prices to shield the operation.
Do you have any doubts?
