ARTICLE 20: FORM AND MEANS OF PAYMENT OF CONTRIBUTIONS AND ACCESSORIES

Contributions and its accessories will be caused and paid in national currency. Payments to be made abroad may be made in the currency of the country in question.

In cases where the tax laws so establishes, in order to determine the contributions and its accessories, the National Consumer Price Index (Índice Nacional de Precios al Consumidor) will be applied, which will be calculated by the National Institute of Statistic and Geography (Instituto Nacional de Estadística y Geografía) (CFF: Art. 20 bis) and will be published in the Official Journal of the Federation (Diario Oficial de la Federación) within the first ten days of the month following the corresponding month.

To determine the contributions and its accessories, shall considered the exchange rate at which the foreign currency in question has been acquired and if there is no acquisition, the exchange rate that the Bank of Mexico publishes in the Official Journal of the Federation (Diario Oficial de la Federación) will be considered, the day before the one in which the contributions are caused. On the days that the Bank of Mexico does not publish such exchange rate, the last exchange rate published prior to the day on which the contributions are caused will be applied.

When the tax provisions allow the accreditation of taxes or amounts equivalent to them, paid in foreign currency, the corresponding exchange rate shall be considered in accordance with the provisions of the preceding paragraph, referring to the date on which the tax that was caused was transfer or otherwise when it is paid.

To determine contributions to foreign trade, as well as to pay those that must be made abroad, the exchange rate published by the Bank of Mexico in terms of the third paragraph of this article shall be considered.

The equivalence of the Mexican peso with foreign currencies other than the U.S. dollar that will apply for tax purposes, shall be calculated by multiplying the exchange rate referred to in the third paragraph of this article, by the dollar equivalent of the currency in question, according to the table published monthly by Banco México during the first week of the month immediately following the one to which it corresponds.

The checks of the same bank in which the payment is made, the electronic transfer of funds in favor of the Treasury of the Federation (Tesorería de la Federación), as well as credit and debit cards, in accordance with the general rules issued by the Service Tax Administration (Servicio de Administración Tributaria). Individual taxpayers who carry out business activities and who in the immediate previous year had obtained an income of less than $2,149,250.00, as well as individuals who did not carry out business activities and who had obtained an income of less than $368,440.00, in said fiscal year, shall pay their contributions in cash, electronic transfer of funds in favor of the Treasury of the Federation (Tesorería de la Federación), credit and debit cards or personal checks of the same bank, provided that in the latter case, the conditions established by the Regulations of this Code are met. It is understood by electronic transfer of funds, the payment of the contributions that by instruction of the taxpayers, through the affectation of funds from their bank account in favor of the Treasury of the Federation (Tesorería de la Federación), is made by the credit institutions, in electronics form.

The payments that are made will be applied to the oldest credits provided that it is the same contribution and before to the main debt, to the accessories in the following order:

When the taxpayer files any means of legal defense contesting any of the concepts indicated in the previous paragraph, the order indicated therein shall not be applicable with respect to the contested and guaranteed concept.

To determine the contributions, the fractions of the peso will be considered. Notwithstanding the foregoing, to make their payment, the amount will be adjusted so that those that contain amounts that include 1 to 50 cents shall be adjusted to the previous immediate unit and those that contain amounts of 51 to 99 cents, shall be adjusted to the unit immediate superior.

When the tax laws establish that the contributions are paid by declaration, the Secretary of Finance and Public Credit (Secretaría de Hacienda y Crédito Público), may order, by means of general provisions and in order to facilitate the fulfillment of the obligation, as well as to obtain the necessary information regarding the statistics of income, provided in a statement other than that with which the payment is made. (CFF: Art. 81) (CFF: Art. 82)

The means of payment indicated in the seventh paragraph of this article will also be applicable to products and exploitations.

In the case of credit and debit cards, this payment method may have associated the payment of commissions paid in charge by the federal tax authorities.

The Service Tax Administration (Servicio de Administración Tributaria), with the prior opinion of the Treasury of the Federation (Tesorería de la Federación), through general rules, may authorize other means of payment.

The Secretary of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) will withhold the value added tax that is transferred to it on the occasion of the provision of collection services provided by financial entities or other auxiliary of the Treasury of the Federation (Tesorería de la Federación), which will be part of the expenses of collection.