On the eve of the start of the regular session period, where the 2023 fiscal miscellany will be analyzed, the bench of Morena in the Permanent Commission presented a reform initiative so that youtubers, videobloggers and influencers pay taxes when there is profit in the contents that are disseminated in the most common social networks.
This is intended to ensure that those who use networks such as Instagram, YouTube, Facebook, Snapchat and TikTok, among others, pay taxes starting next year, proposed the federal deputy for Morena, María del Rosario Merlín García.
The initiative published in the Parliamentary Gazette proposes reforms and additions to article 32 BIS of the Federal Consumer Protection Law.
Regarding the cases in which the youtubers, videobloggers and influencers are remunerated with the collection of an amount in money and that they receive payments through the different platforms for reaching a considerable number of views and/or followers, these incomes will be taxable by the Service tax administration (SAT) and they must be registered in the Federal Taxpayer Registry as professional service workers.
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He clarified in the arguments that “not all those entities that broadcast audiovisual content on digital platforms should be considered audiovisual providers. for itself”.
He pointed out that those videos generated by end users where there is no economic interest, nor do they really have a significant impact on the audience, will be excluded from the payment of fiscal taxes, in this way the majority of videos that individuals upload to social networks daily will be exempt from this regulation.
In addition, it is proposed to regulate the false advertising that, he said, free ground is now opening up on many of the channels of youtubers, videobloggers and influencers and that has had public repercussions with high-profile cases of promoting anorexia, gambling or drug addiction.
Likewise, the owners of the technological platforms will be obliged to withhold a percentage of the Income Tax (ISR) on the income of the influencers and another percentage of the Value Added Tax (VAT) they charge.
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For raffles and “unboxings” they will also have to pay taxes
The initiative pointed out that youtubers, video bloggers and influencers will pay taxes when they share the process of unpacking and/or revealing products, services and/or experiences offered by the brand or advertiser on social networks.
Likewise, when they carry out raffles among their followers that involve products, services or advertiser brands; Relevantly display and/or describe or tag a brand in photos uploaded to social media by advertisers; and upload video images to social networks in which the presence of a brand is exalted or labeled.
The Morenista legislator explained that marketing is currently one of the commercial communication activities in which the greatest financial investment and advertising investment in conventional media, “this new scheme of the marketing has focused specifically on the careful management of the relationship between the client and the youtuber company, where it has information about the clients, their characteristics, needs and preferences, which without a doubt, is essential for the success and benefit of the youtubers of the future who, with the support of technology, make information immediately available to those who make decisions within a digital network”.
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