2023-02-28 | DOF 5680976Added · Updated
The Agreement of February 24, 2023, establishes specific fee rates for the transfer of national waters for the 2023 fiscal year, applicable to taxpayers who directly transfer or indirectly benefit from such transfers. These fees, calculated per cubic meter or thousand cubic meters, are determined by the source of extraction (surface water) and the specific availability zones for export and import, as detailed in the attached tables under Articles 223 of the Federal Rights Law. The agreement entered into force the day following its publication in the Official Gazette of the Federation on February 28, 2023.
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DOF: 28/02/2023
AGREEMENT by which the fees for the transfer of national waters are made known
At the margin a seal with the National Emblem, which says: United Mexican States.- TREASURY.- Ministry of
Treasury and Public Credit.
AGREEMENT 30/2023
AGREEMENT BY WHICH THE FEES FOR THE TRANSFER OF NATIONAL WATERS ARE MADE KNOWN
ROGELIO EDUARDO RAMÍREZ DE LA O, Secretary of Treasury and Public Credit, based on
Articles 31, fraction XXXII of the Organic Law of the Federal Public Administration; 223-Bis of the Federal
Rights Law, and
4th of the Internal Regulations of the Ministry of Treasury and Public Credit, and
CONSIDERING
That on December 11, 2013, the "Decree by which various provisions of the Value Added Tax Law; the Special Tax on Production and Services Law; the Federal Rights Law are reformed, added to and repealed; the Income Tax Law is issued; and the Single Rate Corporate Tax Law and the Tax on Cash Deposits Law are abrogated" was published in the Official Gazette of the Federation, through which the fees applicable to those taxpayers who use, exploit or take advantage of national waters transferred from a different basin with which there is no natural connection were established, with the objective of including a proportional and equitable regulatory scheme that determines and assigns the distribution of the water resource efficiently;
That Article 223-Bis of the Federal Rights Law establishes that natural and legal persons referred to in Articles 222 and 223 of the aforementioned regulation, who directly transfer national waters, as well as those who benefit from indirect transfer, will pay in addition to the fees provided for in Article 223 cited, those included in the different 223-Bis, taking into account the uses established in the referenced right, as well as the availability zones from which the transfer of water is exported and the import zone. This, considering that said transferred waters have a higher value due to the environmental impact and social opportunity cost caused by their extraction;
That said numeral 223-Bis of the Federal Rights Law, in addition to establishing the fees applicable for the transfer of national waters, states that taxpayers may opt to pay the additional amount for the right for the use, exploitation or taking advantage of national waters provided for in Article 223 of the aforementioned regulation, through the corresponding fee indicated in said Article 223-Bis, or apply the fee that is determined according to the formula ( t* ) established in said article and that, as an administrative convenience, the Ministry of Treasury and Public Credit will publish in the Official Gazette of the Federation, no later than the last day of the second month of the corresponding fiscal year, the fees applicable to the transfer during said year, resulting from the application of the cited formula, for which the following is issued:
AGREEMENT
SINGLE ARTICLE.- The fees for the transfer of national waters are made known, which taxpayers may opt to pay with respect to the rights corresponding to the 2023 fiscal year, ( t* )
resulting from the application of the formula established in Article 223-Bis of the Federal Rights Law, as follows:
Section A, of Article 223 of the Federal Rights Law, source of extraction surface waters
Availability Zone Exporting
Availability Zone Importing
ZD
1
2
3
4
1
$2.9873
2
$1.6368
$1.3753
3
$1.0985
$0.6377
$0.4509
4
$1.0477
$0.5770
$0.3523
$0.3448
Section B, fraction I of Article 223 of the Federal Rights Law, source of extraction surface waters
Availability Zone Exporting
Availability Zone Importing
ZD
1
2
3
4
1
$88.7844
2
$49.8111
$42.5811
3
$36.7054
$24.4740
$21.2655
4
$31.2966
$17.8152
$12.1989
$10.5862
Section B, fraction II of Article 223 of the Federal Rights Law, source of extraction surface waters
Availability Zone Exporting
Availability Zone Importing
ZD
1
2
3
4
1
$1.0263
2
$1.0263
$1.0263
3
$1.0263
$1.0263
$1.0263
4
$1.0263
$1.0263
$1.0263
$1.0263
Section B, fraction III of Article 223 of the Federal Rights Law, source of extraction surface waters
Availability Zone Exporting
Availability Zone Importing
ZD
1
2
3
4
1
$0.7380
2
$0.4239
$0.3682
3
$0.3009
$0.2014
$0.1690
4
$0.2556
$0.1469
$0.0930
$0.0783
Section B, fraction IV of Article 223 of the Federal Rights Law, source of extraction surface waters
Availability Zone Exporting
Availability Zone Importing
ZD
1
2
3
4
1
$2.1998
2
$1.3569
$1.2277
3
$0.9345
$0.6777
$0.5726
4
$0.7632
$0.4769
$0.2956
$0.2361
Section C, of Article 223 of the Federal Rights Law, source of extraction surface waters
Availability Zone Exporting
Availability Zone Importing
ZD
1
2
3
4
1
$0.0338
2
$0.0338
$0.0338
3
$0.0338
$0.0338
$0.0338
4
$0.0338
$0.0338
$0.0338
$0.0338
The fee resulting from the above tables will be applied for each cubic meter or thousand cubic meters of
water that during the quarter the taxpayer directly transfers, as well as for each cubic meter or thousand
cubic meters of which the taxpayer has benefited derived from indirect transfer, as applicable.
TRANSITORY
SINGLE.- This Agreement will enter into force the day following its publication in the Official Gazette of the
Federation.
Mexico City, February 24, 2023. - In substitution for the absence of the Secretary of Treasury and
Public Credit and based on Article 105, first paragraph of the Internal Regulations of the Secretariat of
Treasury and Public Credit, the Undersecretary of Treasury and
Public Credit, Gabriel Yorio
González.-
Rubric.
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