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Tax Alert 04/2011

2011 Omnibus Tax Ruling

As reported in our "Deloitte Widget", this Ruling was published in the Federal Official Gazette on July 1, and took effect as of July 2, 2011. In general terms, this Ruling essentially publishes the same rules as its predecessor. Some of the rules which were added, significantly amended and considered to be of the general interest are discussed below: Extensive information exchange agreements A rule was added to clarify that, for different tax purposes, a country is considered to have signed an extensive information exchange agreement with Mexico when fulfilling the following assumptions: 1) When the country in question has signed an information exchange agreement with Mexico and when the requirements detailed in this rule are fulfilled; the country and date on which this agreement took effect must also be mentioned. When the country in question has signed a tax treaty with Mexico and fulfilled the assumptions established by this rule. The countries which have already fulfilled these requirements and the starting and, if applicable, termination dates of these treaties are also noted. When the country in question is a signatory of the "Convention on Mutual Administrative Assistance in Tax Matters" signed in Strasberg on January 25, 1988, and reformed by the Protocol signed in Paris on May 27, 2010, and when it effectively exchanges information with Mexico. Under this assumption, an extensive information exchange agreement will be deemed to have been signed on the dates on which the aforementioned Convention and Protocol took effect in the country in question. Taxpayers must verify that these agreements are currently in effect as the accuracy of the tax effects discussed below will depend on their validity: a) As regards individuals' residence in Mexico. b) For the purpose of the mandatory tax report filed by groups, regardless of whether they consolidate for tax purposes or not. c) When crediting the income tax paid by a company resident abroad which distributes dividends to another entity resident abroad and when the latter subsequently distributes these amounts to an entity resident in Mexico. d) When a tax withholding certificate issued for income tax paid abroad is utilized for crediting purposes. e) When entities resident abroad have a permanent establishment in Mexico and deduct expenses which are prorated with the parent company or its establishments. f) For tax consolidation purposes and to fulfill the requirement for considering an entity as a holding company when, more than 50% of its shares are held by companies resident in a country with which Mexico has signed an information agreement. g) To obtain authorization to defer the payment of income tax in the case of

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a group company restructuring involving foreign residents. h) When income tax (ISR) is withheld at the 40% rate on income subject to preferential tax regimes, when earned by foreign legal figures considered as flow-through entities. i) To prevent the income obtained by credit institutions through transactions performed with foreign entities or figures in which they directly or indirectly hold equity from being considered as subject to a preferential tax regime. j) To fulfill the requirements established for registering foreign finance entities as investment banks. k) To avoid the obligation to file an informative return on income subject to preferential tax regimes when the company does not effectively control foreign entities or legal figures considered as flow-through entities or their management. Please note that the rule embodied in the 2010 Omnibus Tax Ruling only established that, for the purpose of crediting income tax paid abroad, the assumptions of an extensive information exchange agreement were fulfilled by the agreements contained in Appendix 10. This situation generated a certain degree of confusion because no reference was made to the other effects detailed in tax provisions. Companies paying tax under the simplified regime A rule has been added to the effect that companies which, during the immediately preceding year, paid tax under the simplified regime contained in the Income Tax Law (LISR) and which, as of fiscal 2011, must fulfill their tax obligations according to the General Company Regime, must calculate the income coefficient used for provisional payments by considering the taxable profit determined according to the procedure established for individuals with business activities. Tax report The deadlines established by the tax authorities for filing the mandatory tax report have been confirmed, as follows:

Holding companies which consolidate their tax result must file the tax report, information and documentation referred to by the Regulations of the Federal Tax Code no later than August 31, 2011. Alternative information No later than August 15, 2011, taxpayers which opt not to file a tax report must file the duly inspected information detailed in Appendix 21, "Alternative report information", via the Internet according to the following schedule or earlier if so wishing.

RFC code letters From A to F From G to O From P to Z

Filing date August 1- 4, 2011 August 5- 9, 2011 August 10-15, 2011

Taxpayers that do not exercise this option within the deadlines established for filing the regular ISR return of the year and do not file the information detailed in the preceding paragraph must file a tax report on their financial statements in accordance with applicable tax provisions.

RFC code letters From A to F From G to O From P to Z

Filing date August 1- 4, 2011 August 5- 9, 2011 August 10-15, 2011

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Aguascalientes Universidad 1001, piso 12-1, Bosques del Prado 20127 Aguascalientes, Ags. Tel: +52 (449) 910 8600, Fax: +52 (449) 910 8601 Cancún Av. Kukulcan Km.13, piso 2, manzana 52, lote 18-13 Zona Hotelera. 77500 Cancún, Quintana Roo Tel: +52 (998) 872 9230, Fax: +52 (998) 892 3677 Celaya Edificio Deloitte, pisos 1 y 2, Blvd. A. López Mateos 1206 Ote., Colonia Las Insurgentes 38080 Celaya, Gto. Tel: +52 (461) 159 5300, Fax: +52 (461) 159 5333 Chihuahua Centro Ejecutivo Punto Alto II Av. Valle Escondido 5500, Fracc. Des. El Saucito E-2, piso 1, 31125 Chihuahua, Chih. Tel: +52 (614) 180 1100, Fax: +52 (614) 180 1110 Ciudad Juárez Paseo de la Victoria 3751, piso 2, Colonia Partido Senecú 32540 Ciudad Juárez, Chih. Tel: +52 (656) 688 6500, Fax: +52 (656) 688 6536 Culiacán Calz. Insurgentes 847 Sur, Local 3, Colonia Centro Sinaloa 80128 Culiacán, Sin. Tel: +52 (667) 761 4339, Fax: +52 (667) 761 4338 Guadalajara Avenida Américas 1685, piso 10, Colonia Providencia 44638 Guadalajara, Jal. Tel: +52 (33) 3669 0404, Fax: +52 (33) 3669 0469

Hermosillo Francisco Eusebio Kino 309-9, Colonia Country Club 83010 Hermosillo, Son. Tel: +52 (662) 109 1400, Fax: +52 (662) 109 1414 León Paseo de los Insurgentes 303, piso 1, Colonia Los Paraísos 37320 León, Gto. Tel: +52 (477) 214 1400, Fax: +52 (477) 214 1405 Mazatlán Avenida Camarón Sábalo 133, Fraccionamiento Lomas de Mazatlán 82110 Mazatlán, Sin. Tel: +52 (669) 989 2100, Fax: +52 (669) 989 2120 Mexicali Calzada Justo Sierra 1101-A, Fraccionamiento Los Pinos 21230 Mexicali, B.C. Tel: +52 (686) 905 5200, Fax: +52 (686) 905 5231 México, D.F. Paseo de la Reforma 489, piso 6, Colonia Cuauhtémoc 06500 México, D.F. Tel: +52 (55) 5080 6000, Fax: +52 (55) 5080 6001 Monclova San Buenaventura 505, Colonia Los Pinos 25720 Monclova, Coah. Tel: +52 (866) 635 0075, Fax: +52 (866) 635 1761 Monterrey Lázaro Cárdenas 2321 Poniente, PB, Residencial San Agustín 66260 Garza García, N.L. Tel: +52 (81) 8133 7300, Fax: +52 (81) 8133 7383

Nogales Apartado Postal 384-2 Sucursal de Correos "A" 84081 Nogales, Son. Tel: +52 (631) 320 1673, Fax: +52 (631) 320 1673 Puebla Edificio Deloitte, vía Atlixcayotl 5506, piso 5, Zona Angelópolis 72190 Puebla, Pue. Tel: +52 (222) 303 1000, Fax: +52 (222) 303 1001 Querétaro Avenida Tecnológico 100-901, Colonia San Ángel 76030 Querétaro, Qro. Tel: +52 (442) 238 2900, Fax: +52 (442) 238 2975, 238 2968 Reynosa Carr. Monterrey-Reynosa 210-B, PA Fracc. Portal San Miguel 88730 Reynosa, Tamps. Tel: + 52 (899) 921 2460, Fax: +52 (899) 921 2462 San Luis Potosí Carranza 2076-22, piso 2, Colonia Polanco 78220 San Luis Potosí, S.L.P. Tel: +52 (444) 1025300, Fax: +52 (444) 1025301 Tijuana Misión de San Javier 10643, Piso 8, Zona Urbana Rio Tijuana. Tijuana B.C., 22010 Tel: +52 (664) 622 7878, Fax: +52 (664) 681 7813 Torreón Independencia 1819-B Oriente, Colonia San Isidro 27100 Torreón, Coah. Tel: +52 (871) 747 4400, Fax: +52 (871) 747 4409

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