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Taxes!
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City

PostPosted: Sun Apr 25, 2010 4:23 pm    Post subject: Reply with quote

Quote:
Getting back to IVA, does anyone think they understand the theory and practice behind it? It's not just a straight forward tax you pay to vendors of goods and services, who then pass it on to the government, that's obvious from the fact that people give facturas, and get facturas, passing around the ultimate obligation to forward money to the tax authorities. Then, to further complicate it, at least for beginners, is the practice of "retencion IVA".


Like Isla implies, most people don't deduct the IVA they pay on goods in their taxes, so it works like a sales tax, except that it is not added at the register - it's already in the sticker price.

Anyone who bills for services or goods they provide, from the single person to the large company, has to return the IVA they collect from billing customers to the government, sometimes on a monthly basis. But rather than see it as 'shifting around the tax burden', what you can do as a goods/service provider is reduce how much of that IVA you've billed and now owe to the government by showing how much you've paid out for goods/services necessary to run your business.
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Samantha



Joined: 25 Oct 2003
Posts: 2038
Location: Mexican Riviera

PostPosted: Sun Apr 25, 2010 4:54 pm    Post subject: Reply with quote

Trety...wrote:
Quote:
accountants seem to be among the most elusive of people, not returning calls, and not having a fixed place of business, in many cases


hehehe, have you driven an accountant into the Accountant Protection Program?
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 462
Location: Cancun, Mexico

PostPosted: Sun Apr 25, 2010 5:07 pm    Post subject: Shifting the burden of IVA Reply with quote

Some of them probably need it, Samantha; or, they're just hiding from past, "disgruntled" clients!

Quote:
...what you can do as a goods/service provider is reduce how much of that IVA you've billed and now owe to the government by showing how much you've paid out for goods/services necessary to run your business.

Thanks, Guy, for boldly jumping in here! Let's see if I follow you....

1. OK, I collect, on behalf of the government, IVA from my students: my students have thus paid IVA for services they've received from me, and have an official, government approved "Recibo de honorario" to prove it.
2. Now, and here's where it gets interesting: they can then deduct from any IVA they've received from others, in connection with services they may have rendered or products they may have sold, the IVA they've paid me, having to forward only the difference remaining to the government.
3. I, likewise, can go out, buy goods and services, be charged IVA and get a factura or recibo, and deduct this IVA from the sums I've collected, and otherwise must forward to the government.

This all leaves me in a whirl, wondering why the government doesn't just tax me, directly, and others, as well.

VAT (IVA in Mexico) is not a sales tax, and doesn't work just as a sales tax would, it seems to me; but, I have to leave it up to better heads, or those who've caught on, through sufficient contact with VAT/IVA in the past, to get it.
______________________

Separate issue, not to be confused with the former:

PhilK, and others who have the obligation to forward IVA collected from their customers/clients to the government, each month, have said they can significantly reduce the amount of IVA they must forward to the government by judiciously collecting facturas at the start of each month for sums they had paid out the previous month in IVA on all their purchases of goods and services: now, ALL, may be stretching the tax law, just a little, but it has been said that it's normal to do so, in Mexico.
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City

PostPosted: Sun Apr 25, 2010 5:29 pm    Post subject: Reply with quote

Yep, you basically have it. It's all a big game.

My ex-wife filed her taxes each month and each month she would be able to get what she owed in IVA down to a single peso, by collecting facturas showing enough business expenses.

Question: does it not work the same way for a small business in the US for state sales tax? I know it must differ state to state but I would have expected something similar.
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 462
Location: Cancun, Mexico

PostPosted: Sun Apr 25, 2010 6:15 pm    Post subject: ISR Reply with quote

Cool picture. You got any nose left, buddy? That kids probably big enough, by now, to do some real damage!
_______________

On business expenses, as I understand it, you can deduct those from your gross receipts of fees for services you provided and reduce, thereby, the amount of ISR you will owe. But, IVA is another matter.

Taking facturas/recibos you'd received for business expenses- which disclose not only the amount you paid for the goods or services, but also the amount collected for IVA- you would then be able to deduct the IVA you had paid in connection with the business expense you'd incurred, from the IVA you would otherwise have to forward to the government of the sums of IVA you yourself had collected from your students.
_______________

No one has yet commented on what's meant by the expression, "retencion IVA", a sum equal to 2/3s of the IVA you collect from your students.
_______________

[Guy, I wasn't ignoring your question and comments about sales taxes: businesses get a deduction from gross receipts of the business for taxes paid. This is essentially different from what happens with IVA, but may be more of a difference in the way it's handled, than a real difference. I'm still waiting to understand the theory of IVA better, before I judge.]
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Phil_K



Joined: 25 Jan 2007
Posts: 2041
Location: A World of my Own

PostPosted: Sun Apr 25, 2010 6:45 pm    Post subject: Reply with quote

Just to say, in the case of IVA, if you are a sole trader (persona f�sica actividades empresariales (or maybe, sin too, I don't know)), you can deduct not just BUSINESS generated IVA, but ALL IVA you have paid. Many people argue with me that this isn't true, but I do it and that is reflected in how much IVA I finally pay to the government.
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notamiss



Joined: 20 Jun 2007
Posts: 908
Location: El 5o pino del la CDMX

PostPosted: Sun Apr 25, 2010 6:52 pm    Post subject: Reply with quote

Phil_K wrote:
Just to say, in the case of IVA, if you are a sole trader (persona f�sica actividades empresariales (or maybe, sin too, I don't know)), you can deduct not just BUSINESS generated IVA, but ALL IVA you have paid. Many people argue with me that this isn't true, but I do it and that is reflected in how much IVA I finally pay to the government.


I was given a different version of this, which is that you can deduct IVA on certain non-business related expenses, but not all. Clothes and footwear are a category of non-necessarily-business related expense whose IVA you are allowed to deduct.
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 462
Location: Cancun, Mexico

PostPosted: Sun Apr 25, 2010 7:06 pm    Post subject: Reply with quote

Thanks, PhilK, and notamiss, for jumping in here.

The way the process of monthly declarations, coupled with a big, annual summation and declaration, is handled, makes me confident problems can easily be avoided.

IVA is not a tax you owe: it's a tax others have paid you, to be forwarded to the government, at the appropriate time. You are acting as an agent in the collection of this tax. Here's where it gets interesting: you may deduct from the sums of IVA you have collected, sums of IVA you've paid others. Whether this is limited to sums you've paid others in direct business expenses, or can be broader than that, is another question.

As for your comment, PhilK, about the broad range of purchases of goods and services you've made, which included sums for IVA- which may then be credited against IVA you'd otherwise have to forward to the government- I've run across people who see it the same way. One man put it this way, you're the main asset of your small business, and keeping you going is providing part of the support needed to maintain the business.

This concept is foreign to me as a tax concept, being more familiar with other systems, but seems to be widely accepted, here.
_________________

To those who, like me, are new to this process-

When doing your tax declarations, it is my belief that the staff at SAT will be happy to tell you if they agree with your deductions from IVA, if you seek their assistance in the preparation of your declarations.

This was first stated on this forum by leslie, as I recall, and I've found it to be true, too.
__________________

When is someone going to comment on, "retencion IVA"?


Last edited by Tretyakovskii on Sun Apr 25, 2010 9:22 pm; edited 1 time in total
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Phil_K



Joined: 25 Jan 2007
Posts: 2041
Location: A World of my Own

PostPosted: Sun Apr 25, 2010 7:31 pm    Post subject: Reply with quote

Quote:
the way it was explained to me was, if you're self-employed, or a sole proprietor who works in your business, you're the main asset of the business, and keeping you going is just providing the support needed to maintain the business


That's one way of looking at it, but in truth, I just regard taxes as a necessary evil, and don't really want to get tied up in its technicalities. My accountant is a lifelong friend of my wife, whom I trust (the accountant, not my wife, although I more or less trust her too Very Happy ).

If you have any other reason for wanting to become an expert in taxes, this is probably not the place to get that information, because, as usual, you are bound to be bombarded with conflicting views.
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Samantha



Joined: 25 Oct 2003
Posts: 2038
Location: Mexican Riviera

PostPosted: Sun Apr 25, 2010 7:38 pm    Post subject: Reply with quote

My sentiments exactly. Find a recommended and trusted accountant and put your tax file into their hands to do what's best for your particular situation. Unless, of course, as PhilK says, you want to become an expert on taxes in Mexico, and in that case this is definitely not the forum for that.
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 462
Location: Cancun, Mexico

PostPosted: Sun Apr 25, 2010 7:52 pm    Post subject: Reply with quote

Quote:
...whom I trust (the accountant, not my wife, although I more or less trust her too

Probably about the right mix, PhilK!
___________________

At this point, I neither need to become an expert on Mexican Taxes, nor too concerned with conflicting views- and I've already mentioned that I'm attempting to reach an accountant, even though I love you guys!

I consider that my tax situation is about as simple as any could get, unless I worked exclusively under the nomina system: I'm just new to it, so I have some questions; and, I'd rather do my tax declarations myself so that I know they've been submitted on time and, with the help of SAT, correctly.

I've always done all my own returns, where ever I've lived, and I enjoy it and prefer doing it that way, just as leslie, who used to post on this forum did.
__________________

Some posters find these subjects interesting, others are willing to chip in with a few ideas just to be helpful. All the comments made, so far, have been helpful and interesting and not in the least confusing.

Where we are, at the moment, is that,

1) Relying on PhilK's experience, and views; and, coupled with the opinion of Guapa's accountant, it appears we should be collecting IVA from our students. (Guapa's accountant spoke of the single exception that he knew of.)

2) We know that IVAs we pay to others can be offset against sums we would otherwise be obligated to forward to the government, of the sums of IVA we collect from our students.

3) There is a difference of opinion only on the question of whether the IVAs we've paid must be in connection with a narrow concept of "business expense", as suggested by Guapa's accountant; or, is subject to the broader concept suggested by PhilK, as followed by his trusted accountant; and, notamiss (less broad, but still broad), who appears to do his own declarations, but has gotten some guidance on this question.

Since I can simply show my expenditures for IVA- reflected in facturas I've obtained from others- to the tax authorities, and have them tell me whether they are allowed, or not, just as leslie did, there should be no problem. In my three visits to their offices to get enrolled, get a FIEL, and attend an orientation for taxpayers, they have been very helpful: in this instance, I want to be prepared in advance, as I will be declaring self-employment income for the first time. (My income up to now has been exclusively under the nomina system.)
___________________

Anyone else care to comment on "retencion IVA"? (You will find reference to this on any recibo or factura approved for use by the Mexican Government. I've gone online to get some idea how this term is used, but the websites always assume too much familiarity with the subject to be of real help.)


Last edited by Tretyakovskii on Sun Apr 25, 2010 9:34 pm; edited 2 times in total
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notamiss



Joined: 20 Jun 2007
Posts: 908
Location: El 5o pino del la CDMX

PostPosted: Sun Apr 25, 2010 8:25 pm    Post subject: Reply with quote

This surely isn't what you want to hear, but I just do the arithmetic; calculating the retenci�n when I'm supposed to, without breaking my brain wondering what it means.
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 462
Location: Cancun, Mexico

PostPosted: Sun Apr 25, 2010 8:35 pm    Post subject: Retencion IVA Reply with quote

Very practical man, notamiss!

But, do you then forward to the government the total of IVA you've collected, minus any offsetting IVA you've paid to others; or, the retencion IVA (2/3s of the IVA collected), minus any offsetting IVA you've paid to others?

Reply only if it's convenient to do so.
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notamiss



Joined: 20 Jun 2007
Posts: 908
Location: El 5o pino del la CDMX

PostPosted: Mon Apr 26, 2010 12:05 am    Post subject: Reply with quote

I do what my accountant tells me, so I guess I'm doing what I supposed to.

By the way, I'm a female, so is my dog in my avatar. The screen name refers to the fact that I'm not a teacher.
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 462
Location: Cancun, Mexico

PostPosted: Mon Apr 26, 2010 1:09 am    Post subject: Not a miss! Reply with quote

Sorry about the error, miss.

Maybe you should have posed the dog the other way round. Wink

[I must have a bias, I had to be corrected about leslie's gender, too.]
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