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Income tax
12 Months Ended
Dec. 31, 2017
Income tax  
Income tax

 

19.  Income tax

 

a) In accordance with the MITL, the Company and its Mexican subsidiaries are subject to income tax and each files its tax returns on an individual entity basis and the related tax results are included in the accompanying consolidated financial statements. The income tax is computed taking into consideration the taxable and deductible effects of inflation, such as depreciation calculated on restated assets values. Taxable income is increased or reduced by the effects of inflation on certain monetary assets and liabilities through the annual inflation adjustment.

 

(i)

Based on the approved law corporate income tax rate for 2017 and thereafter is 30%.

 

(ii)

The tax rules include limits in the deductions of the exempt compensation amount certain items, as follows: Wages and benefits paid to workers 47% of income paid to workers and in certain cases up to 53% (holiday bonus, savings fund, employee profit sharing, seniority premiums) will be deductible for employers. As a result, certain wage and salary provisions have difference between tax and book values at year-end.

 

(iii)

The MITL sets forth criteria and limits for applying some deductions, such as: the deduction of payments which, in turn, are exempt income for workers, contributions for creating or increasing provisions for pension funds, contributions to the Mexican Institute of Social Security payable by the worker that are paid by the employer, as well as the possible non-deduction of payments made to related parties in the event of failing to meet certain requirements.

 

(iv)

Taxable income for purposes of the employee profit sharing is the same used for the Corporate Income Tax except for certain items.

 

(v)

A 10% withholding tax is imposed on dividends distributions to individuals and foreign shareholders from earnings generated starting January 1, 2014.

 

The income tax rates for 2017 and 2016 in Guatemala and Costa Rica are 25% and 30%, respectively.

 

b) For the years ended December 31, 2017, 2016 and 2015, the Company reported on a consolidated basis taxable income of Ps.171,046, Ps.2,702,355 and Ps.2,751,813, respectively, which was partially offset by tax losses from prior years.

 

In accordance with the MITL and CRITL, tax losses may be carried forward against taxable income generated in the succeeding ten and three years, respectively. Carryforward tax losses are restated based on inflation.

 

c) An analysis of consolidated income tax expense for the years ended December 31, 2017, 2016 and 2015 is as follows:

 

Consolidated statements of operations

 

 

 

2017

 

2016

 

2015

 

Current year income tax expense

 

Ps.

(51,313

)

Ps.

(706,244

)

Ps.

(337,997

)

Deferred income tax benefit (expense)

 

212,488

*

(750,938

)**

(700,351

)

 

 

 

 

 

 

 

 

Total income tax benefit (expense)

 

Ps.

161,175

 

Ps.

(1,457,182

)

Ps.

(1,038,348

)

 

 

 

 

 

 

 

 

 

 

 

 

*Includes translation effect by Ps.1,008

**Includes translation effect by Ps.1,242

 

Consolidated statements of OCI

 

 

 

2017

 

2016

 

2015

 

Deferred tax related to items recognized in OCI during the year

 

 

 

 

 

 

 

Net gain (loss) on cash flow hedges

 

Ps.

12,017

 

Ps.

(187,408

)

Ps.

58,161

 

Remeasurement gain of employee benefits

 

533

 

132

 

352

 

 

 

 

 

 

 

 

 

Deferred tax charged to OCI

 

Ps.

12,550

 

Ps.

(187,276

)

Ps.

58,513

 

 

 

 

 

 

 

 

 

 

 

 

 

d) A reconciliation of the statutory corporate income tax rate to the Company’s effective tax rate for financial reporting purposes is as follows:

 

 

 

2017

 

2016

 

2015

 

Statutory income tax rate

 

30.00

%

30.00

%

30.00

%

Non-deductible expenses

 

(3.90

%)

0.28

%

0.66

%

Unrecorded deferred taxes on tax losses

 

(14.55

%)

0.09

%

 

Foreign countries difference with Mexican statutory rate

 

(0.32

%)

0.04

%

 

Inflation of tax losses

 

1.50

%

(0.01

%)

(0.02

%)

Amendment tax return effects and other tax adjustments

 

(0.31

%)

(0.11

%)

(0.42

%)

Inflation on furniture, intangible and equipment

 

4.91

%

(0.38

%)

(0.34

%)

Annual inflation adjustment

 

4.00

%

(0.63

%)

(0.23

%)

 

 

 

 

 

 

 

 

 

 

21.33

%

29.28

%

29.65

%

 

 

 

 

 

 

 

 

 

Mexican income tax matters

 

For Mexican purposes, corporate income tax is computed on accrued basis. MITL requires taxable profit to be determined by considering revenue net of tax deductions. Prior years’ tax losses can be utilized to offset current year taxable income. Income tax is determined by applying the 30% rate on the net amount after tax losses utilization.

 

For tax purposes, income is considered taxable at the earlier of: (i) the time the revenue is collected, (ii) the service is provided or (iii) the time of the issuance of the invoice. Expenses are deductible for tax purposes generally on accrual basis, with some exceptions, once the requirements established in the tax law are fulfilled.

 

Central America (Guatemala and Costa Rica)

 

According to Guatemala Corporate Income tax law, under the regime on profits from business activities, net operating losses cannot offset taxable income in prior or future years. For the year ended December 31, 2017, the Company obtained a net operating loss which has not been recognized as a deferred tax asset.

 

According to Costa Rica Corporate Income tax law, under the regime on profits from business activities, net operating losses can offset taxable income in a term of three years. For the years ended December 31, 2017 and 2016, the Company generated net operating losses for an amount of Ps.300,613 and Ps.57,414, respectively, for which no deferred tax asset has been recognized.

 

e)  An analysis of consolidated deferred taxes is as follows:

 

 

 

Consolidated
statement of
financial
position

 

Consolidated
statement of
operations

 

Consolidated
statement of
financial position

 

Consolidated
statement of
operations

 

Deferred income tax assets:

 

 

 

 

 

 

 

 

 

Intangible

 

Ps.

463,211

 

Ps.

(18,415

)

Ps.

481,626

 

Ps.

(16,637

)

Provisions

 

351,989

 

8,695

 

343,294

 

56,727

 

Tax losses available for offsetting against future taxable income

 

343,082

 

309,758

 

33,324

 

(25,030

)

Extension lease agreement

 

143,135

 

41,411

 

101,724

 

25,405

 

Unearned transportation revenue

 

35,941

 

(29,814

)

65,755

 

7,039

 

Allowance for doubtful accounts

 

7,324

 

433

 

6,891

 

(2,179

)

Employee benefits

 

5,786

 

1,222

 

4,031

 

886

 

Employee profit sharing

 

2,716

 

(490

)

3,206

 

158

 

 

 

 

 

 

 

 

 

 

 

 

 

1,353,184

 

312,800

 

1,039,851

 

46,369

 

Deferred income tax liabilities:

 

 

 

 

 

 

 

 

 

Supplemental rent

 

1,563,363

 

223,753

 

1,339,610

 

363,783

 

Rotable spare parts, furniture and equipment, net

 

476,917

 

108,890

 

368,027

 

103,926

 

Prepaid expenses and other assets

 

196,152

 

(239,586

)

435,738

 

280,660

 

Inventories

 

88,169

 

15,286

 

72,883

 

23,979

 

Financial instruments

 

49,151

 

 

61,168

 

 

Other prepayments

 

33,269

 

(7,023

)

40,292

 

23,717

 

 

 

 

 

 

 

 

 

 

 

 

 

2,407,021

 

101,320

 

2,317,718

 

796,065

 

 

 

 

 

 

 

 

 

 

 

 

 

Ps.

(1,053,837

)

Ps.

211,480

 

Ps.

(1,277,867

)

Ps.

(749,696

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2017

 

2016

 

Reflected in the consolidated statement of financial position as follows:

 

 

 

 

 

Deferred tax assets

 

Ps.

562,445

 

Ps.

559,083

 

Deferred tax liabilities

 

(1,616,282

)

(1,836,950

)

 

 

 

 

 

 

Deferred tax liability, net

 

Ps.

(1,053,837

)

Ps.

(1,277,867

)

 

 

 

 

 

 

 

 

 

A reconciliation of deferred tax liability, net is as follows:

 

 

 

2017

 

2016

 

Opening balance as of January 1,

 

Ps.

(1,277,867

)

Ps.

(340,895

)

Deferred income tax benefit (expense) during the current year recorded on profits

 

211,480

 

(749,696

)

Deferred income tax benefit (expense) during the current year recorded in accumulated other comprehensive income (loss)

 

12,550

 

(187,276

)

 

 

 

 

 

 

Closing balance as of December 31,

 

Ps.

(1,053,837

)

Ps.

(1,277,867

)

 

 

 

 

 

 

 

 

 

At December 31, 2017 and 2016, the table shown above includes deferred income tax asset recognized by Concesionaria and Operaciones Volaris (2017), Comercializadora (2016) for tax losses carry-forwards to the extent that the realization of the related tax benefit through future taxable profits is probable. The Company offsets tax assets and liabilities if and only if it has a legally enforceable right to set off current tax assets and current tax liabilities and the deferred tax assets and deferred tax liabilities relate to income taxes levied by the same tax authority.

 

According to IAS 12, Income Taxes, a deferred tax asset should be recognized for the carryforward of available tax losses to the extent that it is probable that future taxable income will be available against which the available tax losses can be utilized. In this regards the Company has recognized at December 31, 2017, 2016 and 2015 a deferred tax asset for tax losses of Ps.343,082, Ps.33,324 and Ps.58,354 respectively.

 

During 2017, the Company recognized a deferred tax asset for the carryforward of available tax losses of Concesionaria, Comercializadora and Operaciones Volaris, based on the positive evidence of the Company to generate taxable profit related to the same taxation authority against which the available tax losses can be utilized before they expire. Positive evidence includes Concesionaria’s actions to increase its aircraft fleet in the following year, increase in flight frequencies, and routes, inside and outside of Mexico; the profit of Comercializadora and Operaciones Volaris, respectively, is detrived directly from Concesionaria’s operations.

 

An analysis of the available tax losses carry-forward of the Company at December 31, 2017 is as follows:

 

Year
of loss

 

Historical
Loss

 

Restated
tax loss

 

Utilized

 

Total remaining 
amount

 

Year of 
expiration

 

2016

 

57,414

 

57,414

 

 

57,414

 

2019

 

2016

 

52,221

 

56,573

 

16,378

 

40,195

 

2026

 

2017

 

300,613

 

300,613

 

 

300,613

 

2020

 

2017

 

1,068,498

 

1,103,408

 

 

1,103,408

 

2027

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ps.

1,478,746

 

Ps.

1,518,008

 

Ps.

16,378

 

Ps.

1,501,630

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A breakdown of available tax loss carry-forward of Controladora and its subsidiaries at December 31, 2017 is as follows:

 

 

 

Historical
loss

 

Restated
tax loss

 

 

 

Total
remaining amount

 

 

 

 

 

Utilized

 

 

Comercializadora

 

Ps.

52,221

 

Ps.

56,573

 

Ps.

16,378

 

Ps.

40,195

 

Concesionaria

 

1,067,836

 

1,102,726

 

 

1,102,726

 

Operaciones Volaris

 

662

 

682

 

 

682

 

Vuela Aviación

 

358,027

 

358,027

 

 

358,027

 

 

 

 

 

 

 

 

 

 

 

 

 

Ps.

1,478,746

 

Ps.

1,518,008

 

Ps.

16,378

 

Ps.

1,501,630

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

f)  At December 31, 2017 the Company had the following tax balances:

 

 

 

2017

 

Restated contributed capital account (Cuenta de capital de aportación or “CUCA”)

 

Ps.

3,737,048

 

CUFIN*

 

2,558,378

 

 

*The calculation comprises all the subsidiaries of the Company.