XML 100 R18.htm IDEA: XBRL DOCUMENT v3.23.1
Income Taxes
12 Months Ended
Dec. 31, 2022
Text block [abstract]  
Income Taxes
Note 13. Income Taxes
As explained previously in these consolidated financial statements, the Company is a Mexican corporation which has numerous consolidated subsidiaries operating in different countries. Presented below is a discussion of income tax matters that relates to the Company’s consolidated operations, its Mexican operations and significant foreign operations.
i)     Consolidated income tax matters
The composition of income tax expense (benefit) for the years ended December 31, 2020, 2021 and 2022 is as follows:
 
 
  
2020
 
 
2021
 
 
2022
 
Income Tax attributable to a
 
continued operation
                      
 
In Mexico:
                        
Current year income tax
     Ps.13,407,948       Ps.24,355,240      
Ps.29,865,043
 
Deferred income tax
     (9,334,246     (5,079,397  
 
3,454,279
 
Foreign:
                        
Current year income tax
     11,967,527       23,397,577    
 
17,634,494
 
Deferred income tax
     (2,863,058     (9,955,943  
 
(4,909,727
    
 
 
   
 
 
   
 
 
 
Total Income tax
     Ps.13,178,171       Ps.32,717,477      
Ps.46,044,089
 
    
 
 
   
 
 
   
 
 
 
Income Tax attributable to a discontinued operation
                        
Income tax discontinued operations in Mexico
     —         26,294,422    
 
—  
 
Income tax discontinued operations Foreign
(1)
     2,525,783       7,144,249    
 
1,805,500
 
 
(1)
 
Includes effects related to the sale of TracFone, Panama and the Claro Chile, SpA joint venture. See Note 2Ac.
 
Deferred tax expense (benefit) related to items recognized in OCI during the year:
 
    
For the years ended December 31,
 
     2020      2021     
2022
 
Remeasurement of defined benefit plans
   Ps. 4,151,600      Ps. (4,760,089   
Ps.
2,651,922
 
Equity investments at fair value
     (665,814      583,892     
 
8,364,109
 
Other
     (35,670      —       
 
(30,336
Revaluation assets
     (29,922,597      —       
 
—  
 
    
 
 
    
 
 
    
 
 
 
Deferred tax benefit recognized in OCI
   Ps. (26,472,481    Ps. (4,176,197   
Ps.
10,985,695
 
    
 
 
    
 
 
    
 
 
 
In addition, deferred tax of Ps.
902,508
and Ps.
1,621,040
was transferred in 2022 and 2021, respectively, from revaluation surplus to retained earnings. This relates to the difference between the actual depreciation and equivalent depreciation based on cost.
A reconciliation of the statutory income tax rate in Mexico to the consolidated effective income tax rate recognized by the Company is as follows:
 
    
Year ended December 31,
 
     2020     2021    
2022
 
Statutory income tax rate in Mexico
     30.0     30.0  
 
30.0
Impact of non-deductible and non-taxable items:
                        
Tax inflation effects
     7.9     7.8  
 
7.2
Derivatives
     (0.9 %)      (0.9 %
)
 
 
 
(0.2
)
Employee benefits
     3.8     2.6  
 
2.0
Other
     (3.1 %)      (2.9 %
)
 
 
 
2.2
    
 
 
   
 
 
   
 
 
 
Effective tax rate on Mexican operations
     37.7     36.6  
 
41.2
Tax recoveries in Brazil
     (11.9 %)      (10.6 %
)
 
 
 
(2.2
)
Dividends received from associates Equity
     (1.2 %)      (0.7 )%  
 
(0.1
)
Foreign subsidiaries and other non-deductible items, net
     0.5     5.9  
 
(4.6
)
    
 
 
   
 
 
   
 
 
 
Effective tax rate from continuing operations
     25.1     31.2  
 
34.3
    
 
 
   
 
 
   
 
 
 
Effective tax rate from discontinued operations
     (21.6 )%     (16.4 )%  
 
(21.2
)
    
 
 
   
 
 
   
 
 
 
 
An analysis of temporary differences giving rise to the net deferred tax assets is as follows:
 
   
Consolidated statements
of financial position
   
Consolidated statements of net income
 
 
2021
   
2022
   
2020
   
2021
   
2022
 
Provisions
  Ps. 18,038,607    
Ps.
18,813,454
 
  Ps. 3,866,407     Ps. 1,812,523    
Ps.
1,759,784
 
Deferred revenues
    9,041,137    
 
8,153,287
 
    897,762       2,202,413    
 
(688,767
)
 
Tax losses carry forward
    33,954,926    
 
33,314,653
 
    2,236,244       5,571,115    
 
1,202,546
 
Property, plant and equipment 
(1)
    (33,445,815  
 
(18,840,025
)
 
    3,990,750       8,016,244    
 
1,696,734
 
Inventories
    135,658    
 
405,489
 
    (2,394,485     852,888    
 
253,932
 
Licenses and rights of use 
(1)
    (3,668,389  
 
(2,630,583
)
 
    344,729       480,502    
 
229,244
 
Employee benefits
    40,246,031    
 
36,662,123
 
    422,473       (354,802  
 
(6,148,504
)
 
Other
    13,520,684    
 
22,537,353
 
    2,833,424       (3,545,542  
 
3,150,479
 
   
 
 
   
 
 
   
 
 
   
 
 
   
 
 
 
Net deferred tax assets
  Ps. 77,822,839    
Ps.
98,415,751
 
                       
   
 
 
   
 
 
                         
Deferred tax expense in net profit for the year
 
  Ps. 12,197,304     Ps. 15,035,341    
Ps.
1,455,448
 
Deferred tax discontinued operations
 
    94,710       4,731,603       1,808,298  
                   
 
 
   
 
 
   
 
 
 
 
(1)
As of December 31, 2021 and 2022, the balance included the effects of hyperinflation and revaluation of telecommunications towers.
Reconciliation of deferred tax assets and liabilities, net:
 
 
  
2020
 
 
2021
 
 
2022
 
Opening balance as of January 1,
   Ps. 88,074,856     Ps. 66,303,077    
Ps.
  77,822,839
 
Deferred tax benefit
     12,292,014       19,623,461    
 
1,455,448
 
Translation effect
     375,105       (727,099  
 
(1,644,500
)
Deferred tax benefit recognized in OCI
     (26,472,481     (4,176,197  
 
10,985,695
 
Deferred taxes acquired in business combinations
     (2,580,552     —      
 
(11,571
Hyperinflationary effect in Argentina
     (5,385,865     (3,540,962  
 
(942,751
Disposals (Note 2Ac)
             (1,203,203 )  
 
  
(3,856,459
)
Spin Off
     —         —      
 
14,607,050
 
Related discontinued operation
     —         1,543,762    
 
—  
 
    
 
 
   
 
 
   
 
 
 
Closing balance as of December 31,
   Ps.  66,303,077     Ps. 77,822,839    
Ps.
98,415,751
 
    
 
 
   
 
 
   
 
 
 
Presented in the consolidated statements of financial position as follows:
                        
Deferred income tax assets
   Ps. 115,370,240     Ps. 127,287,934    
Ps.
128,717,811
 
Deferred income tax liabilities
     (49,067,163     (49,465,095  
 
(30,302,060
    
 
 
   
 
 
   
 
 
 
     Ps. 66,303,077     Ps. 77,822,839    
Ps.
98,415,751
 
    
 
 
   
 
 
   
 
 
 
The deferred tax assets are in tax jurisdictions in which the Company considers that based on financial projections of its cash flows, results of operations and synergies between subsidiaries, will generate sufficient taxable income in subsequent periods to utilize or realize such assets.
The Company does not recognize a deferred tax liability related to the undistributed earnings of its subsidiaries, because it currently does not expect these earnings to be taxable or to be repatriated in the near future. The Company’s policy has been to distribute the profits when it has paid the corresponding taxes in its home jurisdiction and the tax can be accredited in Mexico. The temporary differences associated with investments in the Group’s subsidiaries,
 
associate and joint venture, for which a deferred tax liability has not been recognized in the periods presented, aggregate to Ps 218,859,473 and Ps. 187,830,823 as of December 31, 2021 and 2022, respectively.
 
At December 31, 2021 and 2022, the balance of the contributed capital account (“CUCA”) is Ps. 612,351,412 and Ps. 654,631,901 respectively. Effectively, on January 1, 2014, the
Cuenta de Utilidad Fiscal Neta
(“CUFIN”) is computed on an América Móvil’s stand-alone basis. The balance of the América Móvil’s stand-alone basis CUFIN amounted to Ps. 431,249,107 and Ps. 533,076,863as of December 31, 2021 and 2022, respectively.
During 2021, America Móvil sold 100% of its participation in Tracfone Wireless, Inc (Tracfone), virtual operator of the most important mobile prepaid services in USA to Verizon Communications Inc. (“Verizon”), tax prof
it
of this transaction was Ps. 93,968,555.
ii) Significant foreign income tax matters
a)
Results of operations
The foreign subsidiaries determine their taxes on profits based on their individual taxable income, in accordance with the specific tax regimes of each country.
The effective income tax rate for the Company’s foreign jurisdictions was 16.2% in 2020, 19.3% in 2021 and 17.4% in 2022. The statutory tax rates in these jurisdictions vary, although many approximate 10% to 35%. The primary difference between the statutory rates and the effective rates in 2020, 2021 and 2022 was attributable to dividends received from KPN, other non-deductible items, non-taxable income and tax recoveries in Brazil and registry of benefits related to tax losses credits in Brazil and Impairment related to subsidiaries in Europe.
a.1
) In 2021, The Brazilian Federal Supreme Court’s (STF) ruled in favor of a third party’ thesis related to the unconstitutionality of incidence of the IRPJ (Income Tax in Brazil) and CSLL (Social Contribution over Net Profit in Brazil) on the amounts corresponding to the SELIC (Special settlement and custody system) rate received for repetition of the tax that should not be applicable, such thesis being similar to the thesis filed by subsidiaries of the Company in Brazil.
Given the more likely than not position of success of this lawsuit as consequence of the decision, with general repercussion, of the STF, Brazil updated its analysis, support documentation and forecast and recorded Ps. 2,647,919 (R$703,761) of which Ps. 2,076,594 (R$551,915) represent an excess on deferred IRPJ and CSLL and Ps. 571,325 (R$151,846) represent an excess on current IRPJ and CSLL. The subsidiaries are waiting for the necessary procedural steps to continue, to start the compensation of such amounts.
a.2)
In 2020,Claro S.A. began to use the tax benefit related to the ICMS Grant on TV based on Complementary Law 160/2017 and art. 30 of Law 12,973, as well as in recent interpretations on the subject, investment grants are not computed in determining actual profit in the amount of Ps. 1,721,453 (R$411,336). In 2021 the tax benefit was Ps. 1,431,164 (R$380,373) and 2022 Ps.1,163,081 (R$297,880).
iii)     Tax losses
a) At December 31, 2022, the available tax loss carryforwards recorded in deferred tax assets are as follows on a country by country basis:
 
Country
  
Gross balance
of available tax loss
carryforwards at

December 31, 2022
    
Tax-effected
loss carryforward

benefit
 
Brazil
  
Ps.
72,498,097
 
  
Ps.
24,649,353
 
Mexico
  
 
26,969,956
 
  
 
8,090,987
 
Europe
  
 
1,882,415
 
  
 
470,604
 
Peru
  
 
345,697
 
  
 
103,709
 
    
 
 
    
 
 
 
Total
  
Ps.
101,696,165
 
  
Ps.
33,314,653
 
    
 
 
    
 
 
 
 
b)
The tax loss carryforwards in the different countries in which the Company operates have the following terms and characteristics:
bi)
The Company has accumulated Ps. 72,498,097 in net operating loss carryforwards (NOL’s) in Brazil as of December 31, 2022. In Brazil, there is no expiration of the NOL’s. The NOL´s amount used against taxable income in each year may not exceed 30% of the taxable income for such year.
The Company believes that it is more likely than not that the accumulated balances of its net deferred tax assets are recoverable, based on the positive evidence of the Company to generate future taxable income related to the same taxation authority which will result in taxable amounts against which the available tax losses can be utilized before they expire.
bii)
The Company has accumulated Ps. 26,969,956 in tax losses in Mexico. The company estimates that there is positive evidence that allows it to use these losses, these should be reduced to the extent that it is considered likely that there will
not
be sufficient taxable profits to allow them to recover in full or in part, the losses will only be compensated when there is a right legally required and are approved by the tax authorities in Mexico.
biii)
The Company has accumulated Ps. 1,882,415 in NOL’s in Europe as of December 31, 2022. In Europe, the NOL´s have no expiration, but its annual usage is limited to 75% of the taxable income of the year. The realization of deferred tax assets is dependent upon the expected generation of future taxable income during the periods in which these temporary differences become deductible.
biv)
The Company has tax losses reserved as of December 31 2022 for an amount of Ps. 14,701,405, which correspond to Telmex and Brazil.
iv)     Optional regime
The Mexican Tax Law establishes an optional regime for group companies called: Optional Regime for Groups of Companies. For these purposes, the integrating (controlling) company must own more than 80% of the shares with voting rights of the integrated (controlled) companies. In general terms, the Integration regime allowed deferral, for each of the companies that make up the group, and for up to three years, or sooner if certain assumptions are made, the whole of the income tax that results from considering the determination of the individual income tax to its charge is the effect derived from recognizing, indirectly, the tax losses incurred by the companies in the group for the year in question.
On December 19, 2019, the integrating company submitted to the Mexican tax authorities, the notice to end to belong under the Optional Regime for Groups of Companies, which implied a payment made in January 2020 related to the deferred income tax for the years 2016-2018. From the year 2020, the group is taxable under the General Regime for Legal Persons.
vi) Limiting interest deductions
The Mexican Tax Law establishes since 2020 new rules related to the limit on interest deductions, in concordance with the action 4 of Base Erosion and Profit Shifting (BEPS) project issued by the Organization for Economic Co-operation and Development (OECD), from which Mexico is member.
In general terms, each Mexican companies should calculate an adjusted Tax EBITDA, whose amount times the corporate income tax, will be the interest limit allowed to be deducted in each tax year. It is important to mention that the amount that was not deductible could be carryforward in the following ten years.
vi) Revaluation of telecommunications towers
Deferred taxes related to the revaluation of the passive infrastructure of the telecommunications towers have been calculated at the tax rate of the jurisdiction in which the subsidiaries are located.