Newsletter June - July 2018 by AMEXIPAC

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PAYMENT RECEIPT SUPPLEMENT ARE YOU READY FOR SEPTEMBER 1ST?

NEW CFDI SERVICES: CANCELLATIONS

FIRST TAX AND PROCEDURAL REPORT 2018

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Page 4

Page 16

Contents

24 EDITION

LATEST NEWS

TAX TECHNOLOGY

TAX CULTURE

New CFDI Services: Cancellations

Compliance with regards to subcontracting: What you must know

Payment Receipt Supplement, are you ready for September 1st?

Publication of PSC General Rules in DOF (May 14 2018)

TAX TECHNOLOGY

LATEST NEWS

Training BS1: Leader Auditor Cloud Security

FORO CONEXIÓN 2018

First taxation and procedural report 2018

TAX TECHNOLOGY

INTERESTING FACTS

SAT

Digital Transformation within SAT

Corporate life of companies in Mexico

28 ICPNL

Annual Tax Return 2017: CFDI Evidences

LEX INFORMÁTICA

Certified Electronic Comunications

GS1 MÉXICO

ADN 2018: towards the country’s digitalization

06 2

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34 EESPA

Status of B2G Electronic Invoicing in Europe

Use of technology as a tool in the tax area

CCPG

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NEW CFDI SERVICES:

CANCELLATIONS Recipient of tax receipt must state through the same means, acceptance or rejection of cancellation before this tax receipt.

JORGE LUIS CHAVEZ CARBALLO EDICOM

In Mexico, Electronic Invoicing has matured considerably through the years and also the needs the same imply regarding its generation, modification and/or cancellation have also matured. It is precisely in these needs where the Mexican tax authority is involved, providing a constant drive and support to the taxpayer in order to satisfy those. Cancellation, from the beginning of the CFDI model, has presented problems identified by SAT, being probably the most relevant whereby cancellations of documents are submitted without knowledge of the tax receipt’s recipient, causing the receipt to be included in such recipient’s accounting and deducting a tax that has not been accounted for or identified by SAT. To handle such situation and reduce the possibility that these cases happen, Tax Administration Service defines the process of Cancellation of CFD in the new model whereby the taxpayer has complete visibility and traceability of the cancellations made to issued CFDI, as well as of the cancellation requests that as recipient of such documents will be subject to approval or rejection. Taxpayers will have to be prepared both in technical and business aspects to carry out the relevant adaptations in this new model. It is important and relevant to modulate that Mexico is one of the countries in which this type of processes is shown, where the tax authority, SAT, is directly involved to support taxpayers in the cancellation of tax receipts. A differentiating factor from other countries in which the use of Electronic Invoicing is also carried out without having a cancellation process.

TAX TECHNOLOGY TECNOLOGÍA FISCAL

The new model proposed by SAT consists of the delivery by the issuer to the recipient of the CFDI of a cancellation request through the tax mailbox. The tax receipt’s recipient must express through the same means the acceptance or rejection of the cancellation of this tax receipt. SAT will consider automatic acceptance to the CFDI cancellation request 72 hours after reception of such request. There will be exceptions in which the issuer may cancel the tax receipt without requiring a statement of recipient for this action.

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These exceptions are for CFDIs: • That cover income in an amount up to $5,000 • By way of payroll • By way of expenditures • By way of transfer • By way of income issued to RIF taxpayers • Issued through the electronic tool “My accounts” in the ‘Easy Invoice’ (‘Factura fácil’) application • That cover withholdings and payment information • Issued in transactions made with the general public pursuant to rule 2.7.1.24. • Issued to residents abroad for tax purposes pursuant to rule 2.7.1.26. • When the cancellation is carried out within 72 hours immediately after the issuance. Upon this cancellation model soon to come into force, Certification Authorized Providers (Proveedores Autorizados de Certificación, PAC) in collaboration with technology providers for the generation and validation of tax receipts, will establish Web Services to connect directly to tax mailbox and automatize the processes both of cancellation requests (issuer) of a tax receipt and of acceptance/rejection (recipient) of the same, looking to provide visibility to taxpayers every time one of these actions is required to be executed, which will precisely help taxpayers that handle a great volume of commercial transactions seeking integration and automatization upon this new cancellation model. This new cancellation model, without a doubt, will benefit taxpayers to have more visibility and management of their tax receipts together with the thorough review prior to the cancellation request and/or acceptance or rejection of the same.

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COMPLIANCE WITH REGARDS TO SUBCONTRACTING: WHAT YOU MUST KNOW RENÉ BÁRCENAS ÁVILA ATEB

Before thinking on compliance regarding subcontracting, we have to take into consideration the difference between intermediation set forth in articles 12 and 15 of the Federal Labor Law and subcontracting referred to in article 15-A of the same law. “Intermediary” is the person that hires or intervenes in hiring another or others for them to provide services to an employer and does not have own elements to attend to the requirements of a contracting party. The subcontracting regime is the regime by means of which an employer named contractor carries out works or renders services with their employees under its authority in favor of a contracting party. Some examples are: surveillance services, cleaning services, etc. Due to the foregoing, if we offer or use labor subcontracting services, we must take care of the following important aspects: • Enter into written agreements.

• Permanently ensure that the contractor has documentation and elements to comply with the obligations of its employees regarding social security, health and labor environment. • Validate quarterly delivery to IMSS of information regarding the agreements entered into.

• In case of employer’s lack of compliance, the beneficiary will assume responsibilities before the employees.

• Copy of payment tax returns of workers’ tax withholding.

• Copy of payment to IMSS of workeremployer contributions. For Value Added Tax deductibility purposes, documentation to be obtained is: • Copy of the relevant tax return.

• Acknowledgment of receipt of tax return’s payment.

• Information reported to SAT regarding tax integration (transfers and payments). It will deemed complied with during 2017, when SAT’s computer application is used in 2018 in due time and proper form. The rules set forth by the procedures that the involved parties must follow in a subcontracting relation are: for the contractor, 3.3.1.49 and for the contracting party, 3.3.1.50., of the First Resolution of Amendments to the Temporary Tax Regulations. Lastly, it is important to remember that the contracting party must authorize the contractor in the application “Contracting Party’s Authorization to consult CFDI and tax returns”, to be able of correctly and timely validating compliance with the requirements derived from the subcontracting relations and, if it is the case, carry out corrections and clarifications of any information that the relevant authorities may require.

TAX CULTURE

In addition, documentation that the contracting party must obtain from the contractor in order to avoid impact on deductibility regarding Income Tax is: • Copy of salaries’ CFDI’s.

• Copy of acknowledgment of receipt of tax returns. 6

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PAYMENT RECEIPT SUPPLEMENT ARE YOU READY FOR SEPTEMBER 1ST? SANDRA ESCALANTE HIMMELSPACH INTERFACTURA

On September 1st this year the new Payment Receipt Supplement, also known as Electronic Payment Receipt (Recibo Electrónico de Pagos, REP) comes into force. However, by already being able of issuing it, it is advisable that taxpayers do not wait until the date aforementioned to start generating this new type “P” CFDI, in order to avoid setbacks and to be able to taking advantage of the multiple benefits that the document entails, such as having higher control over collections as in the REP the initial balance of the related Income CFDI must be specified and by discounting the payment amount we will have the final balance of the same Income CFDE, which will avoid rework in platforms different from the systems used in the companies. On the other hand, there will be an increase in communication with clients/providers because it will be of great importance to identify who is paying – and the application of such payments- which will create strengthening in commercial relationships and decrease in time dedicated to execution of administrative processes. Additionally, it is possible to have a better control over the IVA that has been collected, which will facilitate making bank conciliations and submit information to SAT. Conversely, the authority will also benefit the companies by being able to submit pre-filled in tax returns with the information that has been collected.

It will be specified in the receipt that the Payment Method is PPD (Payment in installments or deferred, Pago en parcialidades o diferido) and Payment Method “99” (to be defined). Afterwards, every time a payment of such document is received –or upon receipt of the total consideration of such “I” CFDI- issue a REP. It is worth clarifying that a payment receipt supplement may be issued for all payments received in a monthly period, provided they correspond to the same receipt’s recipient. Likewise, the deadline to issue such receipt will be the tenth natural day of the following month in which the consideration was received. To be able of correctly issuing this document, it is important to consider the rules included in the CFDI filling-in guide to which the payment receipt supplement will be attached, published by SAT in its website. Among the same, it stands out not to include transferred or withheld taxes; specify the date and time of the payment received, as well as the currency and if the same is not MXN, record the exchange rate. The UUID of the “I” CFDI that is being paid must also be stated. Do not forget that REP will be a requirement needed to be able of making the relevant offset or deduction taxwise, therefore it is mandatory to request it to the provider in case the latter had not issued it where applicable.

And, when must the REP be issued? When an income CFDI is issued but the same will be liquidated at a later date (deferred payment) and/or in installments.

TAX TECHNOLOGY TECNOLOGÍA FISCAL

...It will generate strengthening in commercial relationships and decrease in time dedicated to execution of administrative processes.

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PUBLICATIÓN OF PCS GENERAL RULES IN DOF (MAY 14, 2018) PAULO CESAR DIAZ ALVAREZ EDICOM

Probably in the last year and a half one of the most expected news is the publication in the Official Gazette of the Federation (Diario Oficial de la Federación, DOF) of the general rules applicable to PSC regarding the use of NOM151-SCFI-2016. But, what makes it one of the most expected news? This publication clarifies the doubts that still existed related to provision of services regarding Digitalization, and let’s remember, the previous version of the aforementioned NOM already mentioned the possibility of digitalizing a document and certifying it under such version of NOM, but left a lot of loose ends that at the end of the day did not allow the common purpose of the applicants… destruction of the physical document. Therefore, the Federal Government through the Ministry of Economy, had the task of amending this regulation based on its strategy of a stronger digital government but also more accessible to any productive sector, based on the strategy “Democratize Productivity”. Therewith, publication of the technical exhibit of NOM- SCFI151 marks the guidelines that a PSC must follow for the issuance processes of Electronic Certificates, Time Stamps (TSA, as per the English acronym) and the same NOM Conservation Certificate. With the guidelines we are not only limited to the technological aspect, what SE (Ministry of Economy) seeks is to create in the figure of a PSC, an integral entity that entails an effort of the definition of Human Elements, Elements, Material Elements and Technological Elements. As Human Elements, we talk about having Legal and Computer profiles that have shown their credentials and capabilities, proving it before economy for the company in which they perform these functions in order to be accredited as a PSC.

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As Economic Elements, payment of bonds that each service entails must be evidenced, in order to guaranty economic solvency of the Certification’s applicant. As Material Elements, those applicants must submit their processes’ documentation; let’s remember that the type of services to be rendered fall in the category of Trust Services, because what is being looked for with the same is complete legal certainty of a moment, fact or act.

What SE seeks is to create in the figure of a PSC, an integral entity that entails an effort of the definition of Human Elements, Elements, Material Elements and Technological Elements. 10

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Therefore, they must submit policies, contingency and recovery plans, access controls, among others, in order to have the guaranties that allow accreditation as PSC to be granted to an entity that is able of guaranteeing the final user the provision of a service with a high compliance standard. Maybe within the published points or rules is that

it will cost more to adopt and especially evaluate, because notwithstanding a minimum necessary is asked, not all applicants or future applicants have this documentation oriented to the provision of such a specialized service, which will entail for sure an important effort in its realization or adjustment in order to be able to prove and support those elements. As Technological Elements, it is maybe the essential part of the services, because as we mentioned, due to being Trust Services, a physical and logical infrastructure that guarantees that Data Centers from which these services are issued are as secure as technologically possible; practically in this aspect a PSC or an applicant must not economize regarding investment in infrastructure, therefore guaranteeing the requirements published in the DOF. But at the beginning of this article I was talking about the Digitalization issue, right? So, notwithstanding we have spoken about the requirements that must be complied with by the PSC or applicants to PSC, two new services emerge within the same to be provided by the PSC; one, Certified Digitalization and two, TLA or Third Party Legally Authorized. These two new services extend the corporate purpose of the PSC and obviously supports adaptations, both legal and operational, of the same. PSC is now able to choose to carry out on its own the digitalization of documents and later destruction, or else to work with Digitalization companies to which it will certify their Digitalization or Destruction processes and, in case of endorsing it, Ministry of Economy delegates through this TLA the responsibilities that the endorsed process guarantees the provision of the service with the published standards; that is, it may be said that it turns it into a type of auditor of those Digitizers that want to offer to Merchants Certified Digitalization services and conversely the merchant will have peace that the Digitizer with whom it works is backing-up its process with a TLA authorized by SE, because this information must always be known by the Final Trader/Customer. In summary, the game’s rules are on the table and the Trust Services open their market to new players in the sector that, even though it is very specific, surely in the following months and years more acting parties will exist in it with a same good, to promote among all acting parties of the economic activity, the efficient use of productive resources, driving the digital economy with the use of information and communication technologies.

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JAVIER VEGA FLORES AMEXIPAC

We are already in the middle of 2018. A cycle ends and a new one is about to start. Just like we look ourselves every day at the mirror and do not realize how we are changing .... Like that is the time to turn around and watch the progress that our country has experienced in the last years... only that in this case Mexico can proudly say that the change has been really positive…we lost weight, made exercise and we are sincerely in better shape. In few words… we improved, innovated, optimized.

But we must understand that the speed of the changes throughout the world is exponential... The great technological milestones and new tendencies are sooner every time. Therefore, the radio prospered 50 years until the television arrived, which lasted another 35 years until cable programming arrived. Today, there are a lot of homes that only use internet streaming services. Nobody wants to answer the landline anymore, because there are more personal phones that people in countries in the world. Today, several of you have in your bag more than one mobile phone. You first leave the wallet or house keys than the mobile phone.

Online stores and electric cars’ factories are worth more in the Stock Exchange than the biggest physical stores with more branches in the world and those of traditional cars with more than 100 years of experience… The 5 most relevant technological firms (Apple, Alphabet (Google), Amazon, Facebook and Microsoft) are worth more than 5 trillion American dollars (that is, 5 million of millions of dollars). Only USA and China’s annual GDP is higher than these 5 companies. More than 4 times Mexico’s GDP, which is the world’s 15th economy... Why? ... Because just as we lived an industrial revolution at the beginning of the XX century, we are now living a technological revolution... Investors know it and nobody wants to

TAX TECHNOLOGY TECNOLOGÍA FISCAL

Even more, we have frequent visits of

other countries that come and ask for the recipe.

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miss this opportunity. The most valuable companies of the following decade are not born yet for sure.... The most experimented doctor may only see 10,000 cases within its specialty during his life, while a software (Watson) may provide a medical report based on millions of clinical cases reviewed throughout the world. Soon, doctors will have technicians that will run diagnosis algorithms in this type of software while they carry out surgeries thousands of kilometers away from the patient.

Foro Conexión 2018 had as purpose to know the progress and pending tasks to reach the goal of making 100 times more with a tenth part of the effort of only a few years ago. It is a social commitment both from the government and of the private citizens.

We are a global reference in the adoption of technology for business processes, taking advantage of a clear synergy between public and private sectors.

Mexico does not stay behind. Mexico is already a global reference. It is time to reflect, evaluate and double efforts. Of including ourselves to the change and adopt it with all its benefits. The new generations are already immersed in this technological revolution. The ones who make decisions must learn from them and open our minds and re-educate ourselves even if we are 40, 50 or 60 years old...

Children born this year will probably never have to have a driving license, cars will be driven by themselves; organs will be able to be reproduced in 3D printers and will live more than 100 years in average… there is no more meal where at least half of the diners are attached to a device wrongly called telephone. It is enough to say that an iPhone X is thousands of times more powerful than the 4 computers that guided the Apollo to the moon (the AGC o Apollo Guidance Computer)... México decided not to stay behind... Today we will listen how Mexico is totally engaged in adopting technology for a lot of objectives, services, tax collection, simplification...

TAX TECHNOLOGY TECNOLOGÍA FISCAL

There is a lot to do, but that is no reason for us to miss we are a global reference in the adoption of technology for business processes, taking advantage of a clear synergy between public and private sectors. Pre-filled in tax returns without sending one single data, including the corporate ones, universal clinical electronic file, incorporation of companies 100% electronic and not in-person, horizontal access to information without having to fill in applications again because the authority already has the data, online financing of thousands of millions of providers’ invoices, certified electronic e-mail and many other services are already a reality or are about to arrive… The world advances with or without us. Being here is part of this commitment with Mexico. We cannot stop to rest but we can stop to think about how it has progressed to give us energy to duplicate or triplicate results in the next 1 4 J U N E - J U LY 2 0 1 8 | A M E X I P A C

10 years. Listening to the talks of the speakers [illegible] us more motivated, more committed and more enthusiastic to keep on pushing and achieving new milestones to leave a challenge to overcome to the new generations... We had the opportunity to listen the progress in procedures of IMSS, simplified companies, CNBV’s labor in favor of electronic services, of course from SAT. The new automated processes allow us to reduce time and optimize resources. The community demands and participates. Improvements and innovation are part of our daily life and reality is that they will be more and more frequent. It will very soon surprise us when an entity requests a printed document with the original signature. Possibly, only marriage certificates will be left, because a photo is required for the memory. Of course, a digital photo....

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FIRST TAXATION AND PROCEDURAL REPORT 2018

A taxation report consists in the result of the analysis of taxpayers’ compliance, who are considered as passive subjects of tax liabilities; in the specific case, taxpayers are compelled to issue electronic invoices and the use of e.signature, therefore the Tax Administration Service (Servicio de Administración Tributaria, SAT) disseminates the main results of tax collection of the federal government’s income, as well as the entrusted activities of the Institution. Therefore, the most relevant data of the first quarter of 2018 is:

a) Electronic Invoice During the first quarter of 2018, one thousand 546.3 million invoices were issued, 0.3% less than in the same period of 2017. The foregoing implied that during such period, an average of 199 invoices per second were issued. As of the fiscal year 2005 to March 2018 a total of 34 thousand 788.4 million invoices have been issued and as of the fiscal year 2011, year as of which a registry of issuers is kept, 7 million 507 thousand 798 taxpayers have issued at least one electronic invoice.

NUMBER OF INVOICES. JANUARY-MARCH, 2013-2018 MILLIONS OF INVOICES.

AMEXIPAC

b) E.signature

Taxpayers and invoices

INTERESTING FACTS

Historical accumulated as of December Year

Unique issuers

Invoices (in millions)

2013

918,724

9,662.4

2014

4,271,152

14,800.0

2015

5,423,082

20,582.1

2016

6,410,237

2017 2018*

Historical accumulated as of December Año

Taxpayers that have processed e.signature

Certificates issued e.signature

26,724.6

2013

6,587,812

10,713,498

7,297,302

33,242.1

2014

7,912,029

12,790,807

7,507,798

34,788.4

2015

8,970,992

14,783,824

Note: 2018 corresponds to the end of March. Includes Digital Tax Receipt (CFD) and Internet Digital Tax Receipt (CFDI).

2016

10,250,907

17,508,434

2017

11,784,933

20,242,142

Source: SAT

2018*

12,114,604

20,948,925

As of 2014, issuance of electronic invoices (CFDI) was mandatory, which explains the increase in the number of issuers and issued invoices.

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As of the fiscal year 2004 to March 2018, 12 million 114 thousand 604 taxpayers have made the e.signature procedure and SAT has created 20 million 948 thousand 925 certificates.

Note: 2018 corresponds to the end of March. 2012 data are historical accumulated since 2004.

Source: SAT J U N E - J U LY 2 0 1 8 | A M E X I P A C

BS1 TRAINING: LEADER AUDITOR CLOUD SECURITY AMEXIPAC

Within the framework of trainings offered by AMEXIPAC, A.C., on April 19 and 20, 2018, the training Cloud Security Advanced Auditing (Auditoría Avanzada de Seguridad en la Nube) was carried out, in which the following persons

LATEST NEWS

participated:

The Association acknowledges their effort and dedication, we congratulate all participants for this achievement. 1 8 J U N E - J U LY 2 0 1 8 | A M E X I P A C

•

Alejandro Juárez González

•

Jorge Iván Rivera Montaño

•

Jorge Luis Cordero Barrenechea

•

Rafael Tiempo Vázquez

•

Carlos Alberto Gutiérrez Gutiérrez

•

José Alberto Vidrio Noriega

•

Osvaldo Rodríguez Martínez

•

Itzel Alejandra Lino Rojas

•

Luis Fernando Vanscoit Gutiérrez

•

Mayra Anayeli Domínguez Licona

•

Beatriz Espejo Ochoa

•

Jorge Luis de la Garza Treviño

•

Israel Abarca Bustos

•

Jorge Armando Castellanos Gudiño

•

Jorge Gerson García Cruz

•

Raúl Ortegón Bolio

Of which, 90% of the attendees successfully approved the certification test. The Association acknowledges their effort and dedication, we congratulate all participants for this achievement.

Congratulations!

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DIGITAL TRANSFORMATION

WITHIN SAT

Based on the information obtained from CFDI, we will soon present an Economic Data Service which will allow to offer data regarding economic activity in real time. Through a standardized interphase named API, anonymized information may be consumed, which will be useful to public institutions such as Mexican Central Bank and INEGI, academy and general public.

SAT

• Electronic invoices: 6,608 million of CFDIs.

The service will have guides and kits to developers for the purpose of making a simpler access and processing of great data coming from the economic

activity. In addition, SAT will make available to the citizens, analytic boards in its website, for the citizens to make use of this information in an easy and agile manner. For example, the regional distribution of the economic activity may be known, commercial exchange among sectors and follow up of the behavior of the total payroll.

• Electronic tax returns: 52.9 million. • Processed customs declarations: 9.6 million.

Federal Entity Issuer – Federal Entity Recipient Top 20 Products/Services

• 2.4 million enrollments of new taxpayers.

• Visits to the website sat.gob.mx: 569.6 million. • Visits to Procedures and services: 302.8 million. • 1.5 million is the daily average of visits to the website.

• Access to SAT platforms for taxpayers’ services: 370 million.

GOVERNMENT

• E-mails sent: 336.5 million.

1,546 million invoices were received, that is 650 million more than in 2012. Currently, 199 invoices per second are issued, while in 2012 were issued 95.

11.2% more digital certificates

33 thousand 526.8 million pesos were collected due to auditing acts, based on digital information possessed by SAT.

Portfolio recovery was placed in 8

15 thousand 134.7 million pesos were collected derived from acts of control of obligations, 54% more compared to the same period in 2017.

As of March 2018, the portfolio

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were issued than the ones issued in the same period in 2012.

thousand 607.6 million pesos.

registered 1 million 528 thousand 460 credits with an associated

amount of 621 thousand 697.1

thousand pesos. 15.5% more in J U N E - J U LY 2 0 1 8 | A M E X I P A C

CORPORATE LIFE OF COMPANIES

IN MEXICO CARLA CHÁVEZ WALLACH SE

JOSE ALBERTO MIGUEL PÉREZ SE

Companies in Mexico constitute the main pillar in the country’s economy and transformation, because new employment is created through them, they drive national competitiveness and development of new markets.

It is important to continue progressing in the government sector to create tools that allow companies to speed up their incorporation and, if it is the case, their dissolution and liquidation through simple procedures that guarantee certainty and security in the legal scope. For such purpose, the most relevant information for the companies’ corporate life was gathered in one website, divided into three sections:

1. YOUR COMPANY’S CYCLE 2. DIGITALIZE YOUR COMPANY

GOVERNMENT

3. ALLIES AND INDICATORS YOUR COMPANY’S CYCLE This section includes essential information that accompanies the company during its corporate life, as well as access to the different platforms in which it may carry out different procedures in a free manner and at any time.

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As of May this year, more than 13,000 new companies have been registered under this regime, which promotes without entrepreneurship the strengthening of the business sector for micro and small companies in the country. In addition, you will get to know:

Your Company’s Cycle

• What is a Simplified Share Company - SAS? • Know the incorporation procedure of a SAS. • Do you know the tax benefits of your SAS? • Do you already have your e.signature? • Which are the benefits of a SAS? • Which are the obligations of a SAS? TRADITIONAL COMMERCIAL COMPANIES

In this section you may find general information with regards to how to open your company, you will know the digital platforms for the compliance of obligations and the new way of closing your company, all in a digital manner. Open your company Operate your company Close your company In Open your company, information regarding federal procedures necessary to incorporate a company may be consulted, as well as direct access to platforms by means of which they are processed, such as: Simplified Share Company (Sociedad por Acciones Simplificadas, SAS) Through this new company regime, you may create your company by electronic means in a free manner and without the need of going to a public notary or commercial public notary to formalize the incorporation, obtaining immediately:

1.Articles of incorporation 2. Certificate of registration to the Public Registry of Commerce 3. Sole Acknowledgment of Registration to the Federal Taxpayers Registry 4. Company’s Electronic Signature, and 5. Employer registry (if that is the case) Among the requirements to incorporate your SAS you will need: • Electronic signature (e.signature) of all shareholders • That one of the shareholders have the authorization of the company’s name which may be obtained online. • Annual income that do not exceed 5 million pesos • In no case, shareholders may be simultaneously shareholders with a decision making right of another type of commercial company (for example: director, shareholding majority, etc.)

This section contains a brief explanation of the different commercial companies that exist, which will allow the entrepreneur to know which one of them adjusts to its needs, as well as to obtain information regarding commercial notaries public and notaries public in charge of incorporating this type of companies, who may advise and accompany the entrepreneur to make an appropriate decision in the first steps as a company. RELATED MATTERS Among other matters, you will also find information that will allow you to know: How to obtain the name of your company, • A simplified accounting model, • Procedures regarding social security, and • Tax liabilities to which the companies are subject to.

The section Operate your company has the purpose of making the companies know the different digital platforms that facilitate operation of your company and compliance of some obligations, with the certainty that the tools accessible therein are official. Among others you will find: • Public Registry of Commerce (RPC). Will allow you to know the existing companies in the country and some legal acts related to the same, creating certainty among the companies’ transactions. • Mexican Corporate Digital Information System (Sistema de Información Empresarial Mexicano Digital, SIEM Digital). Consult commercial information and location of the companies that operate in our country and have access to several administrative and commercial apps to facilitate commercial acts. • Commercial Companies Publication System (Sistema de Publicaciones de Sociedades Mercantiles, PSM) Publish and consult your company’s activities in accordance with the commercial obligations in an easy and agile manner.

GOVERNMENT

• Unique Registry of Movable Guarantees (Registro Unico de Garantías Mobiliarias, RUG) In this registry you may use your movable goods (machinery, vehicles, livestock, etc.) as guaranty and register them to obtain legal certainty and better credit conditions before financial institutions. The section Close your company contains relevant information regarding the latest amendment to the General Law on Commercial Companies (Ley General de Sociedades Mercantiles) by means of which the simplified electronic process was set forth for the companies to carry out their dissolutions and liquidation in a fast and free manner with full legal validity. 24

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ALLIES AND INDICATORS

As of July 25, 2018 the companies that gather the following requirements may use this mechanism: 1. Only companies with individuals as shareholders. 2. Not being in liquidation due to having an illicit purpose or having regularly executed illegal acts. 3. Having published in the PSM (Publications of Commercial Companies) its current shareholding structure. 4. Is not currently carrying out transactions, neither issued electronic invoices during the last two years. 5. Is current with its tax, labor and social security liabilities. 6. Does not possess economic liabilities with third parties and is not in commercial bankruptcy and its legal representatives are not subject to criminal procedures

Simplified dissolution and liquidation process is carried out in accordance with the following stages:

Shareholders meeting resolution

Publication of the Shareholders Resolution

1. All shareholders will represent, under penalty of perjury that they comply with the conditions.

1 All shareholders sign the publication of the resolution in the Commercial Publications Electronic System (PSM)

2 Appoint the liquidator among the shareholders. 3 Does not require formalities in addition to the resolution.

Contemplating information regarding financing models and support to companies in accordance with the market’s niche identified, as well as the scope of the credit conditions that each facilitator grants. Additionally, there is information available of the collaborators in commercial matters to start or develop their businesses, incorporating commercial companies, formalizing contracts or agreements, providing advice and orientation to entrepreneurs to carry out their businesses or commercial activities, exchange business proposals between two or more merchants and help in a quick and impartial manner to solve disputes among businessmen and merchants.

Cancellation’s Registration in 1 The liquidator carries the Public out the final balance of Registry of 1. The partners deliver the company and Commerce to the liquidator all the publishes it in the

Registration of the resolution in the Public Registry of Commerceerce

Delivery of goods, books and documents e

Final Balance

1.The Ministry of Economy verifies that the location complies with the law requirements and registers it in the Public Registry of Commerce.

company’s assets

Commercial Companies Electronic System.

2. WITHOUT COST

You may find in this section the main economic supports offered by the Federal Government to promote companies’ growth.

2. The liquidator carries out distribution of the company’s assets, if any.

1. The Ministry of Economy verifies that the publication complies with all the requirements of the law and registers it in the Public Registry of Commerce to cancel the folio. 2 WITHOUT COST

DIGITIZE YOUR COMPANY Entrepreneurs may find information regarding the tools that allow the companies venture into digitalization processes, as well as electronic commerce in a secure manner and with full legal validity.

Digitize your company

GOVERNMENT

Information technologies are instruments that facilitate the commercial activity, for that reason, a digital ecosystem that allows incorporation of new practices to your daily activities that allow reinforcement of your company.

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ANNUAL RETURN 2017: CFDI EVIDENCES JUAN ANTONIO RODRÍGUEZ GONZÁLEZ ICPNL

We still have the recent experience lived during annual returns of individuals 2017, where we observed the conclusion to an implementation exercise of CFDI in its version 3.2 and already some in its 3.3, and of Payroll Supplement 1.2. And, what is the balance? It was true that it is sought to facilitate automatization of calculation and tax return process to taxpayers, however that does not mean they had been correct and precise and this was what made the clarity that was promised, unclear. In reality, a series of mistakes in the application’s reading arose, which were gradually resolved by the authority. The Public Accountants Institute, among others, was making the cases that arose known to it so they could be corrected. They concluded there were two big types of cases: 1) The ones caused in the CFDI reading and the calculation process of the same SAT application 2) The ones provoked by taxpayers due to not having correctly filled-in CFDI’s upon issuance or not having reviewed them when delivered to them.

ALLIES

Currently in this year 2018, taxpayers should mostly monitor proper attention to the generation of CFDI’s.

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What is delicate regarding the first type of cases is that the majority of taxpayers lack of technical tax knowledge that allows them to identify mistakes. For example: which income must be taxed or exempted to compare if what is shown by SAT’s application is correct.

shown in a single certificate. The second case presented situations for example: concept descriptions that, to the authority’s judgment do not correspond to personal annual deductions or that were not identifying the correct payment method or mistakes in RFC. Currently in this year 2018, taxpayers should mostly monitor proper attention to the generation of CFDI’s. It is not just a matter of issuing them, but the responsible parties must be fully trained in tax concepts and dimension what every option showed means. For example: payment method, use of CFDI, Key of concept to be invoiced. Businessmen must be conscious that they must promote training of their personnel on this regard to avoid problems. Taxpayers who receive CFDI’s must take responsibility of being advised and consult the basic requirements that they must comply with in order to avoid problems when submitting their tax return. In conclusion, we have noticed that CFDI is a very powerful element for taxation and everyone involved must pay proper attention to use it also in a precise and correct manner in our favor. Undoubtedly, there will continue to be stories about CFDI that will continue to be written in this fiscal year 2018.

And it is because currently, it was more complicated to have certainty thereof, as they had to have all payroll receipts from such year, carry out a sum and identify items; when previously everything was J U N E - J U LY 2 0 1 8 | A M E X I P A C

The guaranty offered by Certified Electronic Communications over traditional electronic communications is mainly engraved in the main principles that govern such communication, as well as compliance degree that the same have with respect to the applicable Mexican Official Standard; in Mexico, as country leader in that subject, it is verified by the Ministry of Economy through its specialized area. This service, derived from NOM-151-SCFI-2016, Requirements that must be observed to keep data messages and digitalization of documents (cancels NOM-151- SCFI2002), sets forth the parameters by means of which a secure, integral, confidential and available communication will be achieved, prior to the service provider being subject to the approval evaluation requested by SE in NOM-151-2016, which will have a technical solution review that should comply with the requirements set forth in the same. The computing solution that the service provider will implement to facilitate such communication channels, will have to be based on such channels established by the Ministry of Economy; the foregoing without shading the principle of technologic neutrality. The use of technological mechanisms to transmit information allows its exploitation and distribution, which with the application of NOM-151-2016, will achieve standardization of a format that allows assurance, as it has been established, of technological neutrality and legal certainty with which the data message will travel, following best practices at an international and national level.

CERTIFIED ELECTRONIC COMUNICATIONS LEONEL ARROYO CONDE LEX INFORMĂ TICA

As core issue, Certified Electronic Communications are mainly focused in informationâ&#x20AC;&#x2122;s transmission channel, having as purpose that the same is secure, confidential, integral, unalterable and its transmission is carried out just as it was originally generated in its final form, and therefore the contents of the data message transmitted through these communication channels in which a signature is stamped, guarantees the identity of the parties and that the contents of the message will only be known by the same.

Information transmitted through this Certified Electronic Communications mechanism will produce the same effects as such sent in a traditional manner.

ALLIES

Information transmitted through this Certified Electronic Communications mechanism will produce the same effects as such sent in a traditional manner, because the exact moment, physical and temporal space in which it was sent, author and issuer of such information is established in the same, creating in this way legal certainty and security of the delivery and contents of the message, even though the data message is not important for the service provider, understanding therefore that the same is only the channel. The use of certified electronic communications improves the efficiency of communication process, making the same a secure method for information delivery and reception, trustworthy and integral.

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ADN 2018:

Challenges in the near future

TOWARDS THE COUNTRY’S DIGITALIZATION MARIO ESPARZA SERRANO GS1 MÉXICO

Last May, the Mexican information technology and communication industry (TIC) presented the National Digital Agenda 2018 (Agenda Digital Nacional, ADN), developed by CANIETI, AMITI, Asociación de Internet. mx and The Competitive Intelligence Unit (The CIU), together with academy and civil society, to develop a national trans-sexennial digitalization strategy based on six pillars: institutional design for transformation, development tax policy, efficient governmental framework, digital life and society, digital competitiveness and state-of-the-art telecommunications. ADN 2018 is defined as a group of long term public policies, focused in promoting economic development and equity through intensive use of TIC. In addition, it looks for substantial effects on employment, productivity and competitiveness to promote participation of society, government and industry in technological development. On the other hand, national digital strategy has nothing to do with cables and antennas, as it includes aspects as infrastructure, digital capabilities and government procurement, as well as internet coverage and access. It also drives for the basic right to connectivity set forth in the Constitution, positioning it at a level equivalent to education and health for the citizens. Every time a Mexican is disconnected, suffers a social disability.

ADN 2018 is defined as a group of long term public policies, focused in promoting economic development and equity through intensive use of TIC.

Currently, the digital panorama presents a survival challenge for the public and corporate sector, in addition to reflecting the transformation need and reconsideration of priorities to provide better public services (e-government), business models for the future costumer and satisfaction of the next generations’ needs. In a digitalization scenario, it is key to promote among the industry, commerce and government a competitive and collaborative approach, based on international standards to facilitate exchange of reliable information for correct decision making. Issues such as electronic commerce, artificial intelligence, collaborative economy, fourth industrial revolution, telemedicine and sustainability, are on the working tables of the large corporations and global organizations, trying to decipher the next step towards global disruption. Living in an era driven by mobility and hyper-connectivity, GS1 Mexico, as part of its commitment to being the referent of optimization of electronic commerce, develops electronic commerce initiatives such as the mobile application InfoCode, focused in the digital ecosystem and omni-channel environment in which the companies operate. By using bar code as access key to reliable information through the cloud and internet, InfoCode app allows organizations to comply with Official Mexican Standards regarding commercial information through electronic label, to establish a direct communication channel with the customer, enhance their trademark’s omni-channel strategy, reduce investment in a digital platform, as well as strengthen their communication plan by sharing with the customer multimedia contents, surveys, promotions, nutritional information, stamps and regulations, as well as recipes, information and user tips. The possibilities in applications’ economy are infinite! Promote collaboration and a common business language based on identification standards, electronic messages and data quality will strengthen the future of businesses in Mexico. Technology is already in the human’s ADN, it is only necessary to activate its potential to improve people’s lives and GS1 Mexico will be a key player for this to happen.

ALLIES

National digital agenda seeks to promote teleworking, drive for incorporation of women in TIC sector, define the portfolio of digital capabilities required by companies, as well as to promote the use of electronic signature and digital certificates. With respect to the use of internet and electronic trade, it is necessary to enhance the open and collaborative nature of the web, duplicate efforts in digital connectivity, as well as facilitate conversion to digital commerce. In the global context of digital economy and 4.0 industry, these initiatives are of great relevance to achieve competitiveness and close the digital gap, as well as to facilitate access to education, health, financial services, security, mobility and culture to more than 129 million Mexicans. It is important to point out that TIC sector contributes with 3.39% of the national PIB, which is translated into 490 thousand 186 million pesos.

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STATUS OF B2G ELECTRONIC EESPA

B2G electronic invoicing projects are gaining momentum, reflecting the wishes of governments of obtaining electronic invoicing benefits for their taxpayers. They imply great costs savings and efficiency benefits in perspective that amounts to hundreds of millions of euros. At the European Union level and the Member States, public policies support to a large extent B2G electronic invoicing projects, because the same adjust themselves perfectly to the Sole Digital Market’s purposes. The 2014/55/ UE Directive supports adoption of the new basic invoicing rule EN 16931 drafted by CEN. All contracting entities in the European Union must take measures to be able to receive and process electronic invoices submitted in this rule within the following 2 or 3 years.

ALLIES

The foregoing has led to a gradual increase in activities of public authorities and procurement functions to prepare for the change, supported by their providers and a variety of service and solutions providers. Several authorities plan on going beyond the requirements of this enabling Directive and seek to maximize the level of automatization of the supply chain and increase available efficiency savings. In fact, the Directive acknowledges that the Member States may want to impose electronic 34

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INVOICING IN EUROPE invoicing, that is, turn it into an exclusive requirement both for government agencies and local authorities and all their providers. The foregoing creates economy of scale. Member States vary considerably their current use of electronic invoicing and the plans submitted to apply the Directive (please consider it is a matter of illustrative and not hermetic categories). In first place, some countries have adopted electronic invoicing and electronic public contracting for many years, such as the Nordic area. In some cases, its infrastructure to handle invoices is turning into an “inherited system” and they are planning an update to adopt the European Union standard and move to PEPPOL platform, or if they are already using it, to plan ENcompliant specification. Even in the Nordic area some market segments such as municipals, have taken longer to incorporate and some projects are being launched to close the gap. The majority of Nordic countries have enabled a digitalization or acquisition agency Difi in Norway using PEPPOL, Ministry of Finance (Digitalization Agency) in Denmark using NemHandel and ESV in Sweden using several channels – to coordinate an adoption national policy. In second place, there are countries that have recently moved towards the adoption at a large scale and have announced a national policy and a

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central infrastructure to implement electronic invoicing in the public sector, generally in a mandatory manner. Examples that come to mind are Chorus Pro in France, FACe in Spain, Sistema di Interscambio in Italy, BASE Platforms and Purchases in Portugal, and PPA and related systems in Slovenia. In case of Italy, there are other initiatives to open the use of the central platform for B2B invoicing. In fact, the use of electronic invoicing to back up a better presentation of tax reports is working or in development in Member States such as Italy, Spain, Portugal, Hungary and Poland. In third place, there are countries in which a partial coverage of the public sector has been applied or is being applied in order to broaden the adoption step by step. Examples include Austria, where the federal level has

taken the initiative, the Flemish region and some federal invoicing initiatives in Belgium, the Scottish government and the NHS in the United Kingdom (the latter uses PEPPOL) and the central Ministries in the Netherlands based on Digipoort and Simplerinvoicing. In addition, Germany has started to adopt electronic invoicing and plans for a systematic implementation, starting at a federal level, even though the complexity in the composition of the regional government implies a gradual approach. In fourth place, there is a group of Member States whereby an active planning or new versions of new capabilities have been carried out. The examples include Poland, Croatia, Czech Republic, Greece, Lithuania, Estonia, Ireland and many others in the context of adoption of obligations

of Directive 2014/55/UE. The energy and commitment level has noticeably increased. A key facilitator here is Connecting Europe Facility and CEF (by its acronym in English), both regarding the provision of financing subsidies such as support for the adoption through CEF Digital e-Invoicing and e-Delivery programs, that offer web tools and web seminars. What are we learning from all this activity? In terms of implementation, there is clearly the need of a balanced combination of policies that include the creation of the necessary legal framework, selecting infrastructure support for several user segments, establishing a proactive planning function and implementing EN at a technical level together with any other well-supported standard. It is a good idea to have a community of service and solutions providers to take advantage

of the lessons learned of B2B electronic invoicing and the broadest experiences of the public sectorâ&#x20AC;&#x2122;s projects in the countries. Ideally, B2G and B2B electronic invoicing should involve essentially the same user experience. Another important factor is to carefully plan automatization of all value chain, from procurement to delivery of goods and services, invoicing and payment. Maximizing automatization of all transactionsâ&#x20AC;&#x2122; chain, including automated financial processing is the key to achieve real benefits. In many cases, it is worth considering the creation of shared service environments for the relevant functions. In the European Unionâ&#x20AC;&#x2122;s legislation, an electronic invoice is defined as the one that is issued, transmitted and received in a structured electronic format that allows its automatic and electronic processing.

A legible version may be submitted as a supplementary object or serve as a data collection means, but it must not be confused with the reality. EESPA members expect to work with many governments and their supply chain in the following months and years. Charles Bryant, Secretary General of the European E-Invoicing Service Providers Association, EESPA by its acronym in English.

organizations that provide network services, business outsourcing, financial technology and EDI services. EESPA is an International Not-for-Profit Association organized under Belgian law. Formed in 2011, EESPA has over 70 full and associate members and is engaged in a series of important interoperability initiatives, public policies debate and advocating for adoption.

With regards to Charles Bryant: Charles Bryant is the Secretary General of the European E-Invoicing Service Providers Association (EESPA). With regards to EESPA: the European E-Invoicing Service Providers Association acts as a commercial association at a European level for a large and dynamic community of electronic invoicing service providers, drawn from

ALLIES

Another important factor is to carefully plan automatization of all value chain, from procurement to delivery of goods and services, invoicing and payment.

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USE OF TECHNOLOGY AS A TOOL IN THE

TAX AREA ANDREA V. BARRERA GONZÁLEZ CCPG

The speed with which the geopolitical, commercial, economic and especially technologic environment is changing in all industries at a global scale, has made business leaders increase the knowledge of different factors that influence the companies, beyond their operation. The foregoing has caused that one of the main strategies they have followed is investment in technology, as they have identified that businesses become more profitable, efficient and competitive, as the same allows improvement in communication, creation of companies and new markets, forms of consumption, general management and even carry out timely and accurate decision making. Notwithstanding the foregoing, we cannot avoid pointing out that not only companies have been modernized, but also tax authorities and Mexico has not been the exception as for some time now they have also implemented technological mechanisms that allow them making their job more efficiently, which purpose has been to increase their tax collection and have more tax presence over the taxpayers. For such reason, it is extremely important for taxpayers to realize the challenges they will face with the tax authorities and the first thing they have to consider is that the authority has already implemented a series of mechanisms that have allowed it to gather information from the taxpayers, such as electronic accounting, internet digital tax receipts (CFDI’s), the large amount of annual and informative tax returns, execution of bilateral and multilateral agreements for the exchange of information, among others, seeking therewith for Mexico to be at the forefront at a global level.

ALLIES ALIADOS

All this information to which the authority has total and permanent access and in many cases the taxpayers are obliged to provide it, will contribute without a doubt, to the authority achieving its purpose; furthermore we cannot avoid mentioning that in addition to the information that it currently has, in 2014 it introduced a mechanism named “electronic 3 8 J U N E - J U LY 2 0 1 8 | A M E X I P A C

reviews”, which goal in a short term was to be turned into a powerful audit tool, because this audit procedure seeks to carry out the taxpayers’ tax situation reviews in real time, that is, at any time and any day of the year, without being necessary that the taxpayer has knowledge about it. Its incorporation was justified in the Statement of Motives, pointing out that this type of reviews will have an advantage for the taxpayers, because such reviews will be carried out over specific categories and not over all the taxpayer’s accounting; in addition, the duration to carry it out will be in a shorter time. With that in mind, we cannot avoid pointing out that electronic reviews are a verification ability used by the tax authority in the audit procedure, as set forth in articles 2, section IX, 53-B and 76 of the Federal Fiscal Code (Código Fiscal de la Federación, CFF), such reviews are mainly carried out with information and documentation in possession of tax authorities, largely provided by the taxpayer, as well as by third parties, procedure that we will see in the future to have an increased use. Due to foregoing, it is true that taxpayers and/or business leaders have identified the need of investing in technology matters for their business to be able to continue in the business world currently so volatile, but it is also true that the use of technology in the tax area cannot be left out, because not doing it will cause a significant impact in the organization’s financial situation. This issue is becoming more relevant in those groups conformed by several entities and not having automatized mechanisms will hinder without a doubt the follow up in determination of its tax calculation, delaying compliance with their obligations and therefore having to pay penalties for the possible information requirement by the tax authorities, without leaving out that to attend such requirements they will also have to allocate an important amount of resources. Under this context, it is necessary and important that businessmen pay attention to these changes, but not only that, they must also have the necessary strategies and measures that allow them to implement controls and even risk prevention models which purpose is to guaranty appropriate and timely compliance of their tax liabilities and ensure their operations are duly recorded, documented and materialized, as they must be conscious they are immersed in a new digital era that will compel them without a doubt to allocate more and better resources to technology to attend to and respond to progress and development that tax authority has already reached.

notices, etc., without the need for the taxpayer to attend to the authorities’ premises nor SAT officers having to go to the companies’ premises, which without a doubt must be translated into benefits such as: efficiency and promptness to the audit process and in the same form it means time and resources’ savings for the taxpayers to attend to tax authorities’ requirements. It also provides timely information regarding tax authority-taxpayer relation, but in order to achieve it the taxpayers must not lose sight that activation of the Tax Mailbox is a core piece, because through the same they will be able of having a reliable authority-taxpayer and vice versa communication channel, otherwise these benefits will not be achieved. Finally, we cannot disregard that with all the aforementioned, businessmen have a huge challenge, the first and most important one is being conscious of the importance that investing in technology represents in the current business world, especially if they wish to continue in the competition. Now, once they have decided and made the investment, they must seek that at least in the tax area it allows them to attend to this type of tax reviews carried out by the tax authority, making sure: A. They must verify and validate their technological and operational capacity to attend the electronic requirements ind due time and form; B. Identify and correct those irregularities that arise regarding the quality of information that is being provided to the tax authority; C. Raise awareness among their work teams, of the consequences that may arise if a requirement is not attended in the appropriate manner or attending it outside the legal terms; D. Implement policies so all operations or transactions carried out have- immediately- the relevant documentary support and (v) they are appropriately advised by tax experts to attend to Electronic Reviews.

It is undeniable that the use of technology creates advantages in several aspects of our lives and, as mentioned, taxes will not be the exception, as with this type of reviews, communication between authority and taxpayer will be more efficient and the process more transparent. This will be so, departing from the premise that the same will be carried out through the tax mailbox which, as it name says, is an electronic mailbox through which the authority will be able to send to taxpayers, information requirements, J U N E - J U LY 2 0 1 8 | A M E X I P A C

Sm artD ocum entEcosystem

EDITORIAL DIRECTION Nelly V. Maldonado I AMEXIPAC LAYOUT DESIGN HELLOID.NET GRAPHIC CONSTRUCTION Roberto Del Rio

AMEXIPAC, A.C. 2018 All rights reserved. This publication may not be reproduced or stored in whole or in part in a recovery8 system or transmitted in any way, whether electronic, optical, mechanic, photocopy, magnetic, recording, or any other means, without the prior written authorization of AMEXIPAC, A.C. For any clarification please contact us at the following email: info@amexipac.org.mx. The contents and information provided here in are integrated and/ or developed only for information purposes and do not constitute a professional, tax, or legal opinion, hence AMEXIPAC, A.C. does not assume any liability on its use.