Aldo Eliud Juárez Luna Source: Courtesy
Dear Reader, as in Chess that Checkmate leaves the King with no escape, so the SAT has made some movements to leave no escape from the Grantees who are authorized to receive Tax-deductible Donations to carry out their activities. And it is that for this 2021, articles 79, 80 and 82 were reformed and the 82-Quater of the Income Tax Law is added with changes to very particular situations that were commonly carried out in certain Grantees that were used as the box businessmen girl.
That’s right, they created Grantees with a good cause (which are non-profit entities and low for certain assumptions they do not pay taxes) and they disguised the wolf as a sheep. But as they pay justly for sinners, there are other Grantees who in good faith but innocent can be significantly affected by these changes, hence we must be aware of these situations.
First, it will be a requirement to have supported all deductions with Digital Tax Receipt online (CFDI) otherwise they will not be deductible and tax will be paid. Now, you will not be able to benefit from simulating money outflows as an expense without proof, although this will considerably affect those Grantees that are located in certain regions of the country where they provide financial support to beneficiaries who have not yet issued CFDI.
Second, there are new scenarios for losing Authorization to receive tax-deductible donations, such as:
Use your assets for purposes other than those for which authorization was obtained to receive tax-deductible donations. Assets include everything from cash, banks, investments, to transportation equipment, buildings and land. Everything must be used according to the activity that was authorized; so goodbye to the truck that was assigned to the wife of the president of the Donataria.
Do not issue CFDI for donations or issue them as donations for operations that were not donations. They must make monthly reconciliations of the CFDI issued versus donations received because a simple error in the omission of a CFDI and they lose the permit, and more importantly, stop the practice of providing services to third parties and accept billing them as donations to avoid paying the Value Tax. Aggregate and Income Tax.
Breach of tax obligations. Tax specialists will have to be resorted to to validate compliance with tax obligations, since an irregularity detected in the exercise of the Authority’s powers puts the permit at risk.
Appear on the lists of article 69-B of the Federal Tax Code. They cannot simulate any more operations or they will be listed as billing companies.
Cancellation of Authorization to receive donations if the legal representative, partner, or member of the Board forms or was part of another Grantee that has lost its authorization in the last 5 years.
All this entails greater vigilance, control and action on the part of a Corporate Government; By the way, it must be remembered that with the 2016 Tax Reform, the obligation was established as of January 1, 2018 to have a Corporate Governance structure for Grantees with income greater than 100 million pesos or an equity more than 500 million pesos; However, given the current changes that we have discussed, having good Corporate Governance should be for all Grantees without exception and apply it out of conviction rather than out of obligation. Start moving your pawns and knights before the SAT applies a “Checkmate the Donataria”.
Aldo Eliud Juárez Luna, Public Accountant and Law Graduate, Profitability and Innovation partner at Elizondo Cantú, SC.
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