You are on page 1of 6

Do you want to offset their tax credit balances?

In which cases can compensate


How to do What are the requirements
Introduction
This booklet contains information about the procedure and requirements to be met
to offset credit balances that result from the payment of federal taxes. Includ
es the main aspects to compensate for the amounts against the amounts required t
o be paid in subsequent statements. Also discussed here general aspects of compe
nsation, the process, requirements and procedure to update the balances for, amo
ng other topics.
7
What is the compensation
It is the right as a taxpayer to subtract the amounts you have your favor of whi
ch must pay the Tax Administration Service (SAT).
Universal Compensation
The universal compensation is the right as a taxpayer to subtract the credit bal
ance in a given tax from amounts to be paid by themselves or by withholding debt
s to others, even if they are separate taxes.
Cases where compensation does not apply universal
• • Taxes that are caused by the importation of goods or services. The taxes are
administered by different authorities, for example, are those levied by differe
nt states of the collected by the SAT. The taxes that have a specific destinatio
n. The deductions to third parties by way of VAT.
• •
You can update the credit balances
Yes, if you did not offset a credit balance in the same month you said, you can
upgrade, for purposes of inflation from the month in which he presented the stat
ement which led to its credit balance until the month that would compensate. To
do this, multiply the credit balance to be offset by the discount factor, which
is calculated as follows:
9
Calculation of the discount factor
of the month preceding that in carrying out the compensation Between: CPI for th
e month preceding that in which he presented the statement containing the balanc
e in favor
INPC1
Example A person has a credit balance of 2,800 pesos in monthly statement value-
added tax introduced in January 2007, and want to compensate against a balance d
ue of income tax in March 2007 for 4.675 pesos.
INPC
February 2007
121 015 121 980 1.0079
Between: Equals:
INPC
December 2006 Update Factor
Update credit balance
Balance for 2007 presented in January 2800.00
By: Equals:
Quantity Discount factor 1.0079 2822.12 updated
Difference to pay compensation after
Balance by March 2007 4675.00
Less:
Updated amount to compensate 2822.12 Payment Amount
Equals:
1852.88
CPI: Price Index Consumer, a monthly inflation gauge, is published by the Bank o
f Mexico in the Official Journal of the Federation the first ten days of the mon
th concerned. You can get on the Internet portal of the SAT.
1
10
After offsetting the credit balance, what should you do?
Once you have made the compensation must file the notice of compensation. To do
this, use the official format 41 "Notice of compensation," accompanied, as appro
priate, Annex 1, 1-A, 2, 3, 5 and 6 of the official forms 32 and 41 of the tax r
ate to compensate. The format above and its annexes must submit to the Local Gov
ernment Taxpayer Assistance, or to the Regional Administration of Large Taxpayer
s or the Central Administration of Large Taxpayers Collection, as it is concerne
d, and in the following periods, considering the sixth issue its RFC:
Sixth number of key 1Y2 RFC 9y0 3y4 5y6 7th/8th day after the filing of the stat
ement could not be compensated sixth and seventh working day following the Eight
h and Ninth and Tenth working day following the eleventh working day after twelf
th and thirteenth day next business Fourteenth and fifteenth business day follow
ing
What tax forms Annexes 32 and 41 must present
Annex to Annex 1 presents tax forms 32 and 41 Annex 1-A tax forms 32 and 41 Sche
dule 2 tax forms 32 and 41 Annex 3 of the tax forms 32 and 41 When stocks compen
sate for the tax value added tax (VAT) VAT balances for 2004 and earlier
Annexes 5 and 6 of the 41 tax form
Quantities of the asset tax paid in previous years, pursuant to Article 9 of the
Asset Tax Law Quantities asset tax, paid in previous years and controlled holdi
ng companies,€under Article 9 of the Asset Tax Law and Rules of the Fiscal Misce
llany Resolution for existing stocks of special tax on production and services (
IEPS)
11
In the case of VAT credit balances, in addition to magnetic media must submit th
e list of their suppliers, service providers and landlords, representing at leas
t 80% of the value of its operations, as well as information of all foreign trad
e operations , import and export operations. Taxpayers may pay compensation, eve
n against balances over the same period at which the credit balance, provided th
at you also meet the requirements established by law, have expressed the credit
balance prior to the submission of the declaration in which compensation is made
.
Which document as proof of the process receives
At the end of the process 41 will receive sealed format as acknowledgment.
Learn more about compensation
Compensation trade
When you have balance in favor and then find it a balance due, the tax authority
may make its own decision (ex officio) the credit balance. In this case, the au
thority must notify you in person, by resolution, the reason that led to the com
pensation.
Change Option
Individuals who had mistakenly marked Compensation box on your return for the ye
ar in the electronic format DeclaraSAT or tax forms 13 or 13-A, have a deadline
of October 31, 2007 to change the option and request the return of your balance
in favor of SRI for 2006, provided that they have additional statement and provi
de your account Clabe to 18 positions for wire transfers.
12
Kickback
When performed improperly will cause compensation charges and updating of the am
ount to be paid from the month in which compensation was made until the month is
paid this amount and apply the fines on the amount of undue advantage.
Cases in which compensation is not appropriate
You can not offset amounts for which reimbursement has been requested, or when t
he obligation prescribed by the authority to return them (five years).
Some cases in which compensation can not make contributions to federal universal
Not applicable universal stock compensation for federal income tax arising from
the following assessments: • • • • • The social security contributions. The cont
ributions of improvements. Rights. The products and resources. Withholding tax (
VAT). Under no circumstances can compensate for the withholding of VAT to their
charges against other federal taxes. VAT compensation against VAT. You can not o
ffset the VAT credit balances against the amounts that result by this tax, or VA
T from VAT, as in this case what is the accreditation is done, except when the b
alance in favor of VAT from a later period it is applied against a balance by pr
evious periods.

13

Balance in favor of the special tax on production and services (IEPS). For balan
ce in favor of IEPS, you can only offset them against the same tax position, tha
t is not appropriate to offset against other federal taxes. Differences in favor
of employees. Workers can not compensate for differences in favor of income tax
deductions for wages against other federal taxes, as the retainers must make co
mpensation for the resulting difference in favor of the employee against the ret
ention of December and the subsequent retention or compensating balances in favo
r of an employee against the amounts withheld to other persons to whom they make
payments for salaries, provided that such workers are not required to file annu
al statement and the retainer seek documents checked quantities delivered to the
worker offset credit balance. Credit diesel. No compensation should be universa
l diesel credit against other federal taxes, under which it is not a credit bala
nce or an overpayment. In addition, the Law of Federal Revenue and Fiscal Resolu
tion establishing the specific procedure for return. Balances for VAT on the sup
ply of water for domestic use. Nor can compensate for tax balances arising from
the provision of services by the provision of domestic water, since these sums t
hat are returned and are intended for investment in water infrastructure or the
federal fees .€Amounts of income tax (ISR) in excess of asset tax (IMPAC). Credi
t balances or balances that exceed the income tax in the year Impac can not be o
ffset against other federal taxes on the grounds that it is not a credit balance
or payment of abuse, however, when taxpayers ISR determine that tax charge grea
ter than the Impac, for the same exercise, and Impac been paid in any of the ten
previous fiscal years, which may be offset against income tax, calculated by th
e quantities for which they are entitled to claim a refund .




14
The amounts to be entitled to offset against the income tax is not determined in
the financial year may be offset against income tax provisional payments for wh
ich they are made in the following year. • Compensation of withholding taxes in
excess (overpayment). It is not universal compensation from taxes withheld in ex
cess (overpayment), for example, held by lease fees and other federal taxes agai
nst a contribution from the retainer, since the compensation or refund of such a
mounts corresponding to people to whom they were withheld the contributions in q
uestion. ISR balances that exceed the Impac. The remaining credit balances or in
come tax in excess of Impac exercise, are not susceptible to universal offset ag
ainst other federal taxes, under which it is not a credit balance or payment of
abuse, but it compensation is applicable to the specific terms of the Miscellane
ous Tax Resolution.

Cases in which compensation can be made universal
Tax credit balance against which can compensate
ISR VAT
Impac Yes Yes Yes No Yes
IEPS
Yes ISR own own own a VAT IEPS Yes Impac Yes Yes 2 No aircraft Tenure
own Yes Yes No Yes No *
own Yes Yes Yes Yes Yes
Tenure aircraft Yes Yes Yes No Yes
Retention
ISR
Retention
VAT
Retention
IEPS
Yes Yes Yes No Yes
No No No No No
Yes Yes Yes No Yes
Payment of undue
Against which taxes can be offset
ISR VAT
Impac
own
ISR VAT
own Yes Yes Yes Yes Yes Yes Yes Yes
IEPS Impac own a own own
Yes Yes Yes Yes
Tenure own aircraft Yes Yes Yes Yes Yes Yes Yes Yes
IEPS
Retention Retention Retention
IEPS tax ISR
Yes Yes Yes Yes
No No No No
Yes Yes Yes Yes
15
Tenure aircraft Hold Yes Yes
ISR 3
Yes Yes Yes Yes
Yes Yes Yes Yes
Yes Yes Yes Yes
Yes Yes Yes Yes
Yes Yes Yes Yes
No No No No
Yes Yes Yes Yes
Retention Retention VAT Yes Yes
IEPS
Notes Not applicable compensation against the ISR caused by small contributors,
5% of income tax caused by taxpayers who are taxed in the intermediate regime, a
nd the ISR caused the alienation of land and buildings, under which are administ
ered by the federal entities to which payment is made.
February 1
IEPS compensation must be made in terms of IEPS Law.
3 Not applicable to offset the differences in favor of withholding income tax fr
om wages and salaries against other federal taxes, as there is a specific mechan
ism in the Income Tax Law to compensate for these differences.
Documents to be attached to this notice of compensation
For documents that must attach to your application for refund, see Guide to tax
procedures, sub stock returns and compensation for, the Internet portal of the S
AT. You can also get more information by using the free and confidential service
that identifies the end of this booklet. The requirements vary by type of contr
ibution to offset. Moreover, the authority may be required additional documents
to verify that appropriate compensation in accordance with tax provisions. These
documents can also consult the Guide in tax procedures.
16
Free and confidential
17
"Do you want to offset their tax credit balances?: In which cases can be compens
ated, how it's done, what are the requirements." This edition, prepared in the T
ax Administration Service by the General Administration Taxpayer Assistance thro
ugh Central Administration for Foreign and Communication consists of 50,000 copi
es and was printed in October 2007. Tax Administration Service, AGAC, ACRC. Repr
oduction in whole or part of this book for profit. This document does not establ
ish obligations or create rights other than those contained in the current fisca
l provisions.