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Income Taxes
12 Months Ended
Dec. 31, 2023
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 for the years ended December 31, 2021, 2022 and 2023 is as follows:
 
     2021     2022    
2023
 
Income Tax attributable to a continuing operation
      
In Mexico:
      
Current year income tax
   Ps. 24,355,240     Ps. 29,865,043    
Ps.
32,327,958
 
Deferred income tax
     (5,079,397     3,454,279    
 
(6,706,412
Foreign:
      
Current year income tax
     23,397,577       17,634,494    
 
16,026,324
 
Deferred income tax
     (9,955,943     (4,909,727  
 
(7,103,867
  
 
 
   
 
 
   
 
 
 
Total income tax
   Ps. 32,717,477     Ps. 46,044,089    
Ps.
34,544,003
 
  
 
 
   
 
 
   
 
 
 
Income Tax attributable to a discontinued operation
      
Income tax discontinued operations in Mexico
     26,294,422       —     
 
— 
 
Income tax discontinued operations abroad
(1)
     7,144,249       1,805,500    
 
— 
 
 
(1)
Includes effects related to the sale of Panama and the ClaroVTR joint venture. See Note 2Ac.
Deferred tax benefit (expense) related t
o items r
ecognized in OCI during the year:
 
    
For the years ended December 31,
 
     2021      2022     
2023
 
Remeasurement of defined benefit plans
   Ps. (4,760,089    Ps. 2,651,922     
Ps.
(975,061
Equity investments at fair value
     583,892        8,364,109     
 
2,836,366
 
Other
     —         (30,336   
 
— 
 
  
 
 
    
 
 
    
 
 
 
Deferred tax benefit recognized in OCI
   Ps. (4,176,197      Ps10,985,695     
Ps.
1,861,305
 
  
 
 
    
 
 
    
 
 
 
In addition, deferred tax of Ps. 308,551 and Ps. 902,508 was transferred in 2023 and 2022, 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,
 
 
  
2021
 
 
2022
 
 
2023
 
Statutory income tax rate in Mexico
  
 
30.0
 
 
30.0
 
 
30.0
Impact of non-deductible and non-taxable items:
  
 
 
Tax inflation effects
  
 
7.8
 
 
7.2
 
 
2.1
Derivatives
  
 
(0.9
%) 
 
 
(0.2
)% 
 
 
0.3
Employee benefits
  
 
2.6
 
 
2.0
 
 
1.5
Other
  
 
(2.9
%) 
 
 
2.2
 
 
4.8
  
 
 
 
 
 
 
 
 
 
 
 
Effective tax rate on Mexican operations
  
 
36.6
 
 
41.2
 
 
38.7
Tax recoveries and NOL’s in Brazil
  
 
(10.6
%) 
 
 
(2.2
)% 
 
 
(3.5
)% 
Dividends received from associates equity
  
 
(0.7
)%
 
 
(0.1
)% 
 
 
— 
 
Foreign
subsidiarie
s and other non-deductible items, net
  
 
8.7
%
(1)
 
 
 
(2.6
)% 
 
 
(2.2
)% 
Tax rates differences
  
 
(2.8
)% 
 
 
(2.0
)% 
 
 
(3.1
)% 
  
 
 
 
 
 
 
 
 
 
 
 
Effective tax rate from continuing operations
  
 
31.2
 
 
34.3
 
 
29.9
  
 
 
 
 
 
 
 
 
 
 
 
Effective tax rate from discontinued operations
  
 
(16.4
)% 
 
 
(21.2
)% 
 
 
— 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
(1)
Includes discontinued operations effects of TracFone and Claro Chile
The breakdown of net deferred tax assets is as follows:
 
   
Consolidated statements
of financial position
   
Consolidated statements of net income
 
  2022    
2023
    2021     2022    
2023
 
Provisions
  Ps. 18,813,454    
Ps.
29,562,781
 
  Ps. 1,812,523     Ps. 1,759,784    
Ps.
15,065,996
 
Deferred revenues
    8,153,287    
 
8,691,188
 
    2,202,413       (688,767  
 
1,767
 
Tax losses carry forward
    33,314,653    
 
36,970,123
 
    5,571,115       1,202,546    
 
8,575,209
 
Property, plant and equipment 
(1)
    (18,840,025  
 
(8,699,418
    8,016,244       1,696,734    
 
2,157,776
 
Inventories
    405,489    
 
1,054,611
 
    852,888       253,932    
 
669,382
 
Licenses and rights of use 
(1)
    (2,630,583  
 
(2,621,672
    480,502       229,244    
 
141,060
 
Employee benefits
    36,662,123    
 
34,663,794
 
    (354,802     (6,148,504  
 
(3,224,333
Other
    22,537,353    
 
16,993,113
 
    (3,545,542     3,150,479    
 
(9,576,577
 
 
 
   
 
 
   
 
 
   
 
 
   
 
 
 
Net deferred tax assets
  Ps. 98,415,751    
Ps.
116,614,520
 
     
 
 
 
   
 
 
       
Deferred tax benefit in net profit for the year
 
  Ps. 15,035,341     Ps. 1,455,448    
Ps.
13,810,280
 
Deferred tax from discontinued operations
 
    4,731,603       1,808,298    
 
— 
 
     
 
 
   
 
 
   
 
 
 
 
(1)
As of December 31, 2022 and 2023, the balance included the effects of hyperinflation and revaluation of telecommunications towers.
 
Reconciliation of deferred tax assets and liabilities, net:
 
     2022    
2023
 
Opening balance as of January 1,
   Ps. 77,822,839    
Ps.
98,415,751
 
Deferred tax benefit
     1,455,448    
 
13,810,280
 
Translation effect
     (1,644,500  
 
3,202,557
 
Deferred tax benefit recognized in OCI
     10,985,695    
 
1,861,305
 
Deferred taxes acquired in business combinations
     (11,571  
 
(529,191
Hyperinflationary effect in Argentina
     (942,751  
 
(146,182
Disposals (Note 2Ac)
     (3,856,459  
 
— 
 
Spin-off
     14,607,050    
 
— 
 
Related discontinued operation
     —     
 
— 
 
  
 
 
   
 
 
 
Closing balance as of December 31,
   Ps. 98,415,751    
Ps.
116,614,520
 
  
 
 
   
 
 
 
Presented in the consolidated statements of financial position as follows:
    
Deferred income tax assets
   Ps. 128,717,811    
Ps.
137,883,622
 
Deferred income tax liabilities
     (30,302,060  
 
(21,269,102
  
 
 
   
 
 
 
   Ps. 98,415,751    
Ps.
116,614,520
 
  
 
 
   
 
 
 
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, associates and joint venture, for which a deferred tax liability has not been recognized in the periods presented, aggregate to Ps 187,830,823 and Ps. 167,222,681 as of December 31, 2022 and 2023, respectively.
At December 31, 2022 and 2023, the balance of the contributed capital account (“CUCA”) is Ps. 654,631,901 and Ps. 680,304,268 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. 533,076,863 and Ps. 568,085,361 as of December 31, 2022 and 2023, 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 profit 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 19.3% in 2021, 17.4% in 2022 and 13.9% in 2023. 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 2021, 2022 and 2023 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.
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$411,436). In 2021 the tax benefit was Ps.1,431,164 (R$380,373). In 2022 the tax benefit was Ps. Ps.1,163,081 (R$297,880) and 2023 Ps. 399,679 (R$114,539).
a.3)
With the change of government, Argentina initiates a process of tax revenues adjustment trying to achieve tax balance. In the medium term, a stage is expected where the entire tax system is restated to achieve a reduction in taxes that attracts investments and generates employment opportunities.
Among the measures adopted macroeconomically, are the following:
 
   
The Central Bank has made access to the free exchange market for goods and services imports more flexible, eliminating bureaucratic and administrative obstacles which obstructed access to foreign currency. This is the reason for the establishment of differentiated payment terms, according to the nature of the imported goods and services.
 
   
The implementation of a new tax amnesty is under analysis, which will include both business subjects and individuals, and a regularization for the payment of tax, customs, and social security debts accrued as of December 31, 2023, releasing interest and penalties.
iii)  Tax losses
a) At December 31, 2023, 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, 2023
    
Tax-effected
loss carryforward
benefit
 
Brazil
  
Ps.
74,392,065
 
  
Ps.
25,293,302
 
Mexico
  
 
25,515,213
 
  
 
7,654,564
 
Argentina
  
 
10,750,889
 
  
 
3,762,811
 
Others
  
 
864,821
 
  
 
259,446
 
  
 
 
    
 
 
 
Total
  
Ps.
111,522,988
 
  
Ps.
36,970,123
 
  
 
 
    
 
 
 
 
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. 74,392,065 in net operating loss carryforwards (NOL’s) in Brazil as of December 31, 2023. 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. 25,515,213 in tax losses in Mexico. The company estimates that there is positive evidence that allows it to use these losses, these losses 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. 10,750,889 in NOL’s in Argentina as of December 31, 2023. In Argentina, the NOL´s have a 5-year expiration, but their annual use is limited to 100% of the taxable income for the year. The company estimates that there is positive evidence that permits it to utilize these losses, they should be reduced to the extent that it is probable that there will not be sufficient taxable income to allow them to be recovered in whole or in part.
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.
v) 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 BEPS project issued by the 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.