Federal Executive Power
Secretariat of Treasury and Public Credit
DECREE by which the fiscal benefits mentioned hereinafter are granted the taxpayers in the areas affected by the meteorological phenomenon Wilma in the states of Quintana Roo and Yucatan.
At the margin a seal with the National shield which reads United Mexican States.- Presidency of the Republic.
VICENTE FOX QUESADA, President of the Mexican United States, in exercise of the faculty granted me under article 89, fraction I, of the Political Constitution of the United Mexican States on the basis of articles 39, fractions I, II and III of the Fiscal Code of the Federation and 31 of the Organic Law of the Federal Public Administration, and
CONSIDERING
That the meteorological phenomenon Wilma, which occurred during the month of October 2005, severely devastated diverse geographical areas located in the States of Quintana Roo and Yucatan, has caused material loss to their inhabitants and damages to the productive plant, which has sensibly altered the economic activity in the affected regions, thus leaving the sources of employment in these areas at risk;
That it is imperative for the Government to support the inhabitants affected by hurricane Wilma, for which it becomes necessary to legalize a series of actions which will restore and reactivate the productive plant in the affected areas, in order to reestablish the economic activity of such areas in the shortest possible time and preserve employment for the benefit of their inhabitants;
That the Government of the Republic, in conjunction with civil society, has destined immediate support to the aid and rescue of those who have suffered any damage, as well as to the reconstruction of the devastated regions in terms of infrastructure and public services, in order to revert the effects caused by hurricane Wilma;
That as part of such actions it is necessary to grant beneficial fiscal treatment to those taxpayers who have their fiscal domicile, branch, agency or any other establishment in the affected areas damaged by Wilma, which will consist in exempting them from the obligation of making provisional payments of federal taxes, deferring the payment of income tax in partial installments and of tax on assets corresponding to the fiscal year 2005, as well as of the value added tax and of the special tax on production and services, corresponding to the months of October, November and December of this year. Furthermore, the immediate deduction of up to 100 percent of the investment made in these areas during the period of October 1, 2005, through June 30, 2006, is permitted;
That in the case of catastrophes suffered from meteorological phenomena, the Federal Executive has attributions to issue the necessary dispositions to overcome such situation, and
That it is a fundamental priority of the Federal Government, in exercise of the indicated faculty, to achieve the normalization of the economic life of the affected areas in the shortest possible time, on the grounds of which I have decided to issue the following
DECREE
I. First Article. Taxpaying juridical entities are exempt from the obligation of making provisional payments of income tax corresponding to the months of October, November and December 2005, to the fifth and sixth two-month interval of 2005, whichever the case may be, for taxable income obtained in terms of Title 11 of the Income Tax Law, as well as those taxpaying individuals who make contributions in terms of Chapters II and III under Title IV of the same Law, who have their fiscal domicile, agency, branch or any other establishment in the affected areas in the States of Quintana Roo and Yucatan, as long as such income pertains to their fiscal domicile, agency, branch or any other establishment located in such affected areas.
The aforementioned taxpayers may effect payment of the assessable income tax corresponding to the fiscal year 2005, in such number of partial installments as apply to the number of months contained in the period comprised between the month in which the tax return for the fiscal period must be filed and the month of December 2006. Such partial payments must be made in equal amounts for each month. The first partial payment will be effected in conjunction with the filing of the tax return for the fiscal period; the amount for the second and following partial payments will be updated for the period comprised between the month in which the return was filed for the fiscal period and the month in which payment is effected, in accordance with article 17-A of the Fiscal Code of the Federation, without being subject to surcharges.
Second Article. A fiscal stimulus will be granted those taxpayers who have their fiscal domicile, agency, branch or any other establishment in the affected areas of the States of Quintana Roo and Yucatan, which will consist in immediately deducting investments made in new goods which constitute fixed assets, with respect to which article 220 of the Income Tax Law may be applied, made in such affected areas during the period comprised between October 1, 2005, and June 30, 2006, for the fiscal period during which they acquire such goods, to which a rate of 100 per cent on the original amount of the investment will apply in substitution of the percentages established in the cited stipulation, as long as such fixed assets are used exclusively and permanently in the affected areas of the States of Quintana Roo and Yucatan.
Third Article. Those taxpayers who effect payments for wages and, generally, for the rendering of a personal subordinate service in terms of the first paragraph of article 110 of the Income Tax Law, except for the employers of salary-assimilated workers, who have their fiscal domicile, agency, branch or any other establishment in the affected areas of the States of Quintana Roo and Yucatan, may defer the entirety of the income tax withholdings made to their employees for the months of October, November and December 2005, as long as the personal subordinate service for which such income is paid is rendered in the aforementioned affected areas. In such case, the tax which should have been withheld will be paid during the year 2006 in eleven monthly and successive partial payments.
Such partial payments must be made in equal amounts every month. The first partial payment will be effected in conjunction with the filing of the tax return corresponding to the month of January 2006; the amounts of the second and following partial payments will be updated for the period comprised from the month of February to the month in which payment is made according to article 17-A of the Fiscal Code of the Federation, without being subject to surcharges.
Fourth Article. Such taxpayers who have their fiscal domicile, agency, branch or any other establishment in the affected areas of the States of Quintana Roo and Yucatan will be exempt from making provisional payments of tax on assets corresponding to the months of October, November and December 2005, with respect to such assets located in the aforementioned affected areas.
The abovementioned taxpayers may effect the payment of tax on assets for which they are liable for the fiscal year 2005, in a number of partial payments which corresponds to the months comprised in the period starting the month in which the tax return for the fiscal period must be filed and ending in the month of December 2006. Such partial payments must be effected in equal amounts each month. The first partial payment will be made in conjunction with the tax return for the fiscal period; the amounts of the second and following partial payments will be updated for the period comprised between the month in which the tax return was filed for the fiscal period and up to the month in which payment is made, in accordance with article 17-A of the Fiscal Code of the Federation, without being subject to surcharges.
Fifth Article. Those taxpayers who have their fiscal domicile, agency, branch or any other establishment in the affected areas of the States of Quintana Roo and Yucatan, may defer the payment of value added tax and of special tax on production and services for which they are liable for the months of October, November and December 2005, for those acts or activities which correspond to their fiscal domicile, agency, branch or any other establishment located in the affected areas of the States of Quintana Roo and Yucatan, and must effect such payments during the year 2006 in 11 monthly and successive partial payments.
Such partial payments must be made in equal amounts for each month. The first payment will be effected in conjunction with the filing of the tax return corresponding to the month of January 2006; the amount of the second and following partial payments will be updated for the period comprised from the month of February until the month in which payment is made in accordance with article 17-A of the Fiscal Code of the Federation, without being subject to surcharges.
Sixth Article. Those taxpayers who prior to October 1, 2005, obtained authorization to effect installment payments for omitted contributions and their accessories in terms of article 66 of the Fiscal Code of the Federation, and who have their fiscal domicile in the affected areas of the States of Quintana Roo and Yucatan, may defer the payment of the installments corresponding to the months of October 2005 and subsequent months for which they have been authorized, and may reinitiate the program of partial payment as of the month of January 2006, without such partial payments being considered overdue; thus, they will not be subject to surcharges for extension or default.
Seventh Article. Those taxpayers who have their fiscal domicile outside the affected areas in the areas of the States of Quintana Roo and Yucatan, but who have a branch, agency or establishment within the abovementioned areas, or those who have their fiscal domicile within the aforementioned areas, but have branches, agencies or any other establishment outside these areas, will enjoy the benefits established in the Decree at hand only for such income, assets, value of acts or activities and disbursements corresponding to such branch, agency or any other establishment or to those which may be attributed to the fiscal domicile located in the affected areas in the States of Quintana Roo and Yucatan. As far as the value added tax and the special tax on production and services is concerned, they may not consider for the monthly payment of such liabilities or fixed assets corresponding to acts and activities effected outside the cited affected areas, the tax which may be credited corresponding to acts or activities to which the benefit established in this Decree is applied.
As far the taxpayers to which this article refers, income tax and tax on fixed assets for the tax period in question, for which payment may be made in installments under the terms of the Decree at hand, will be for the amount which is obtained from applying to the tax for the fiscal period the factor resulting from dividing the income attributable to the affected areas in the States of Quintana Roo and Yucatan by the total income of the taxpayer for the fiscal year 2005.
Eighth Article. Those taxpayers which fall under the suppositions to apply the benefits granted by the Decree at hand, must do so for all provisional or monthly payments to which it refers and which are pending to be effected at the date of its enforcement corresponding to the period October to December 2005.
Ninth Article. Those taxpayers who do not file the tax return for the year 2005 corresponding to income tax and fixed-asset tax within the deadlines established by the fiscal statutes may not apply the benefits established in this Decree for the tax payment of the fiscal year.
Those taxpayers who effect payments in installments under the terms of this Decree will not be obliged to guarantee the fiscal debt in terms of fraction II of article 66 of the Fiscal Code of the Federation.
Under the supposition that two or more installments should be omitted to be paid, whether they are successive or not, they will be considered assets and the benefits of payment in installments granted by the Decree at hand will be considered revoked. In such case, the fiscal authorities will demand total payment of the amounts owed the federal treasury with such updates and surcharges as established in the Fiscal Code of the Federation.
The application of the benefits established in the Decree at hand will not lead to any return or compensation other than those which would have been obtained should such benefits not have applied.
Tenth Article. For the effects of the Decree at hand, the following will be considered affected areas in the State of Quintana Roo: the municipalities of Benito Juarez, Cozumel, Isla Mujeres, Lazaro Cardenas and Solidaridad, and in the State of Yucatan the municipalities of Chemax, Rio Lagartos, San Felipe and Tizimin.
Taxpayers are considered to have their fiscal domicile, branch, agency or any other establishment in the affected areas of the States of Quintana Roo and Yucatan if they have filed the corresponding notice before the Federal Taxpayer Registry before October 15, 2005.
Eleventh Article. The dispositions of this Decree will not apply to the Federation, to the States, to the Municipalities, nor to their decentralized organisms.
Twelfth Article. The Tributary Administration Service will issue such general dispositions as are necessary for the correct and due application of the Decree at hand.
TRANSITORY ARTICLE
Only Article. This Decree will enter into force on the day following its publication in the Official Gazette of the Federation.
Granted in the residency of the Executive Federal Power in Mexico City, Federal District, on October twenty seven, two thousand and five.- Vicente Fox Quesada.- Flourish.- The Secretary of Treasury HACIENDA and Public Credit, Jose Francisco Gil Diaz.- Flourish.
RESOLUTION by which the information relative to federal distributable collections and to federal distributions by states and, if applicable, by municipalities, and that corresponding to the Federal District, including the calculation procedures for the month of September 2005.
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