Classification according to its integration into the tax base
Regulations: Articles 45 and 46 Law Personal Income Tax
The current Personal Income Tax Law , in order to grant neutral treatment to income derived from savings, establishes the incorporation of all income so classified, whatever the financial instruments in which they materialize. and the period of its generation, in a single base called the savings tax base.
The tax base of savings is made up of the following returns:
- Those derived from the participation of entities' own funds.
- Those derived from the transfer of own capital to third parties.
- Derivatives of life or disability insurance and capitalization operations.
- Those from life or temporary annuities derived from the taxation of capital.
The general tax base includes, among others, the following income:
- Those derived from intellectual and industrial property and the provision of technical assistance.
- Those derived from the leasing of personal property, businesses or mines and subleases and the transfer of the right to exploit the image.
The following image graphically represents the classification of capital gains according to their integration into the tax base: