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  • Tipo: Regulatory update
  • Fecha: 08/05/2013

Flashes Fiscales 2014

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La Práctica de Impuestos analiza de manera detallada los efectos que puedan tener en su empresa las diversas disposiciones regulatorias.

Changes to the Mining Law 

On March 12, 2013, a bill was presented before the Chamber of Deputies to change and add various provisions to the Mining Act and the Tax Coordination Act under the premise of generating a fair economic benefit for the country from the exploitation of subsoil resources that are the property of the country and in turn, to promote the adequate development of producing areas, as well as the mining communities located in those areas.
These reforms aim to establish the payment of consideration for the extraction of minerals for the benefit of the states and municipalities in which such extraction is carried out.

 

This consideration will be charged to the concessionaires of mining concessions in production and will be equal to 5% of the amount obtained after reducing the taxable income of such concessionaires by the normal deductions permitted in accordance with the Income Tax Act, except the following:

 

  • Financing costs
  • Taxes
  • Depreciation and Amortization

 

The bill was sent at the end of April to the Senate for debate and approval.

 

We consider that given the new context that prevails in constitutional matters, the obligation to pay taxes that exists through the creation of the special mining right is contrary not only to the doctrine that traditionally prevails in tax matters on rights, but that it also violates the human rights by affecting the property of taxpayers without a legitimate cause for it since the payment of the aforementioned right is not related to the cost to Mexico of providing the service for which it is attempting to charge such contribution.

 

The Courts have held in a number of cases that the amount contributed by way of rights must be consistent with the cost that for the Mexican State represents the rendering of the service.

 

As always, the tax practice at KPMG in Mexico is at your service to analyze in detail the effects that this reform could have on your business operations.
 
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Reforma a la Ley Minera en la Cámara de Diputados

No. 5. Se presentó ante la Cámara de Diputados un proyecto de reforma a la Ley Minera y de la Ley de Coordinación Fiscal.