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Asesoría en Línea - Despacho de Abogados

THE OUTSOURCING or commonly called "PAYERS".

The outsourcing has too many definitions but is known as "the practice of delegate or recruit functions or internal activities of a company to an outside supplier that have the proper knowledge, experience and resources for implement and carry them out with its own material and equipment." in the Anglo-saxon language the term OUT-SOURCE come from (out of) However, in many cases that definition does not be accurate with what in the reality really happens.

The outsourcing in my point of view have been in operation in our country for long time and there had not been grat problem until their use became extremely excessive.

"Dummy firms", "shell companies", "bubble companies"; and "corporate unions" have been developing and promoting strategies again and again during the last five years throughout our republic. Our state particularly in its tourist areas such as Cancun, Cozumel, Riviera Maya, could not be able to get rid off this stigma and today the destination of these large "planning" had already reached the Mexican businessmen.

Today the outsourcing is something that the employer has to care of, if you decide to use this type of plans or strategies, you have to hire professional or reliable established outsourcings with experience. Be sure these kind of companies have responsible and professionals members, with expertise in this fieldt. Always avoid at any cost, schemes, plans or strategies that avoid the 100 percent of the payment of income tax, the 100 percent of social care payments, profit sharing and other benefits, do the opposite put in risk the healthy life prosecutor of a company.

Unfortunately the Mexican State has failed in any of its 3 levels to provide a better fiscal justice, the necessity to fight against drug cartels, the low remittances from abroad and the fall of oil prices has caused that the state increases its collection of taxes and it is always easier to put on jail an accountant, employer or lawyer than a drug dealer, that is why today the Mexican State watch more carefully the small or large taxpayer who has been dared to use the outsourcing regardless of their kind, or the taxpayers who heve requested the return of VAT or those who have not submitted their statements sheets in time, among others.

Due to the fact of reduce the tax burden the businessman has to be careful of does not to drop in strategies which involves at any level simulation or tax evasion.

Anyone who has hired non-professional outsourcing services that don't have a satisfactory or successful service will be agree that the one of the first things they provide you is:

1. - A contract for the provision of services, whose text generally said in some of its clauses things like the following:

"The provider since the signature of this contract frees the customer of any fiscal, labor, commercial, criminal, civil or any other responsability, by which the provider assume to except the customer for any notified claim either by a third party, or by administrative, judicial or labor authorities. The provider shall be responsable for any civil, criminal, administrative action or for any damage caused to the customer as a consequence of the professional services provided by the providerthat it had mediated the negligence, incompetence or malice."

Worth noting that the criminal conduct is personal, that clause is null and void.

2. - Triptychs with designs very presentable in high quality paper where ran a large corporate image.

3. - Data very practical of the accounts to which the customer had to make the payment for services and the payroll.

4. - PowerPoint presentations in which showed "the enormous advantages" which had if it is recruited to the outsourcing.

5. - The invoice for the first month of services.

If you my dear reader carried out these themes you must be very careful of not fallen in the hands of some inexperienced which was held as great connoisseur of the matter.

Two dispatches prosecutors very known in our country "Alvarez Puga" and "IDN" (Intelligence in Business Development) as is known are currently the subject of acts of brutal inspection by the Secretary of Finance and Public Credit. The outbreak that with excess of the state apparatus were the subject is unprecedented. The private information and privileged with that at this time available to the SAT (Tax Administration Service) With their clients and commercial transactions operating in its prejudice to the extent that have failed to comply with the provisions of the tax legislation, the latent risk is the figure of TAX FRAUD LAID DOWN IN ARTICLE 108 OF THE TAX CODE OF THE FEDERATION: "the offense of tax fraud who with use of deception or use of errors, skip total or partial payment of any contribution or obtain an undue advantage with prejudice to the treasury federal law."

Audit processes will begin shortly for large and small contributors, in fact have already begun, our Constitution will defend anyone contributor to present a proper defense attorney and has been sighted of not having fallen into doctors.

We invite you to revise your tax situation, to ensure that the tax schemes that beeches used or are running at this time adhere to the provisions of the tax legislation, avoid problems and look from now on solutions, search the benefit for Mexico and the healthy life prosecutor of your company.

The Outsourcing is not a myth is feasible under schemes of legality and proper planning.

ARTICLE PUBLISH BY:
IVAN RIOS
SOCIO IVH ABOGADOS.
GRUPO MEXICO LAWYERS FIRM

Fidel Ivan Rios Perez del Valle. Founder Partner of IVH Abogados Firm, Legal Degree from Universidad Autónoma de Yucatán; Master in Corporative Law from Universidad Anahuac de Cancun; Certified Executive in Franchises from the Mexican Franchises Association.