Now let`s look at the individual entrepreneur. As such, a natural person who carries out a commercial, commercial or professional activity in his own name and through a company. It is the person who, in his own name, alone or through a representative, carries on an activity that constitutes a company. In the activity of the individual entrepreneur, there is no separation between the assets of the enterprise and the individual: that is, the entrepreneur is liable for debts incurred in the exercise of the activity with all his present and future assets. She conducts business individually, runs the business and receives the benefits. The company is managed under its own responsibility. They are subject to the Commercial Code in commercial matters and the Civil Code in terms of rights and obligations. Civil society and community of property The above heading for the individual entrepreneur applies to the form of collective association by civil companies without personality and communities of property, since these forms of association do not constitute a personality other than that of the partners. In the case of natural persons domiciled abroad who have one or more permanent establishments in the country, they may make the deductions corresponding to the activities of the permanent establishment, whether paid in Mexico or elsewhere, even if they are divided with an establishment located abroad, applying for this purpose the provisions of article 30 of this Law.
Taxpayers engaged in commercial activity must draw up a balance sheet and inventory by 31 December of each year at the latest in accordance with the applicable legal provisions. r Register in the RFC if you are engaged in commercial activities For the purposes of the preceding paragraph, the taxpayer is deemed to derive primarily income from commercial activities or the provision of professional services if such income represents more than 50% of the taxpayer`s combined income for the previous year or year. Article 130 The taxable persons referred to in this division shall calculate the tax in respect of the year to which they are subject under Article 177 of this Law. For that purpose, the tax profit for the year shall be determined by deducting the deductions provided for in this section, both corresponding to the year in question, from the total cumulative income derived from the professional activity or provision of services. From the tax benefits so determined, the participation of employees in the profits of companies paid during the fiscal year shall be reduced in accordance with article 123 of the Political Constitution of the United Mexican States and, where applicable, the tax losses determined in accordance with this article until the application of previous years; This results in taxable income. Paragraph amended DOF 30-12-2002, 01-12-2004 The tax loss is incurred if the income referred to in this section earned in that year is less than the deductions allowed in that year. To the result obtained, we must add the participation of employees in the profits paid in the previous paragraph. In this case, it will be as follows: Paragraph amended DOF 01-12-2004 Where taxable persons provide professional services to legal persons, they must retain on a provisional basis the amount resulting from the application of the 10 % rate to the amount of payments made to them, without deduction, and must provide taxpayers with proof of withholding tax; Where applicable, these deductions shall be declared with the values referred to in Article 113 of this Law. The tax deducted under this paragraph shall be set off against the tax due giving rise to provisional payments under this Article. In addition to the above-mentioned commercial obligations, the employer has other obligations of a different nature. Thus, from a tax point of view, the periodic declarations and the payment of the various taxes levied on the commercial activity or the amounts that the company must withhold are highlighted; (b) from the point of view of labour law, the registration of the enterprise in the social security system, the payment of wages and salaries, social security contributions, etc. are indicated; (c) From an administrative point of view, the application for building permits, opening of premises, etc.
is noted. Where the taxpayer receives income from commercial activities and professional services in the same year, the taxpayer must determine the taxable income that, for the purposes of this Division, corresponds individually to each activity; For this purpose, the same proportion as that provided for in the provisions of the preceding Article shall apply. The term natural person engaged in commercial activity corresponds to a regulation that applies to natural persons; Yes, there are also differences between natural persons. To begin the study of commercial law topics, that is, the persons or organizations that intervene in commercial actions, we must begin with the analysis of the two legal entities that can carry out commercial actions in Mexico in accordance with the legislation.