Today, September 6, 2021, the SAT made the third publication of the parameters of effective income tax rates for large taxpayers now including sectors such as financial services, manufacturing industries, real estate services, health services, transportation, telecommunications, and consulting in various matters corresponding to the 2016, 2017, 2018 and 2019 fiscal years.
As mentioned in previous communications, the purpose of disclosing these parameters by fiscal year and by activity is to allow taxpayers to compare their own effective rate for a fiscal year with the published parameters.
Such comparison will allow taxpayers to determine whether or not there is a “tax risk” in their case, i.e., a contingency in complying with their income tax obligations.
Thus, the higher the effective rate of a taxpayer compared to the parameters published by the SAT, the lower the existing tax risk.
Conversely, the lower the effective rate of a taxpayer with respect to the published parameters, the greater the tax risk.
Thus, the SAT recommends those taxpayers whose effective tax rate is lower than the published parameters, to self-correct their tax situation by filing supplementary returns that take into account those situations that may have contributed to lower taxation, such as tax planning, business restructuring, improper deductions, operations with EFOs, among others.
It is important to note that the SAT may directly inform taxpayers of the existence of tax risks based on the published parameters, without this implying the initiation of the exercise of its verification powers.
Of course, the fact that a taxpayer obtains effective rates different from those published does not translate into an omission of taxes or the need to file supplementary returns.
However, in the event of being in this situation (effective rate lower than the published rate), we recommend analyzing the reason for this and preparing a folder containing the documentation that justifies it, information that will be necessary in the event of any requirement by the tax authorities.
If you require further information about this note, please contact us at info@rapa.mx.