CONSOLIDATED STATEMENTS OF FINANCIAL POSITION
OPERADORA DE SITES MEXICANOS, S.A.B. DE C.V. AND SUBSIDIARIES
Pursuant to Articles 187 and 188 of the MITL, Rules 3.21.2.2. and 3.21.2.3. of the 2022 Miscellaneous Tax Resolution and other applicable tax laws, the Trust must comply with
certain requirements, which include the following:
a) The Trust is primarily engaged in the acquisition or construction of real estate intended to be leased, or to acquire the right to receive income from the leasing of such real estate.
b) At least 70% of the Trust's net assets must be invested in real estate, while the remainder must be invested in government securities registered with the National Securities
Registry, or in mutual funds.
The real estate built or acquired is intended for leasing and cannot be sold unless at least four years as of the date of completion of construction or acquisition thereof have
elapsed, respectively. The real estate sold before such period has elapsed shall not be subject to the preferential tax treatment established in Article 188 of the MITL.
d) The Trustee must issue equity certificates for the Trust's net assets, and such certificates must be placed in Mexico among the general investing public.
e) The Trustee must distribute, at least once a year and no later than 15 March, at least 95% of its taxable profit from the immediately prior year generated from the Trust's net
assets to all noteholders.
f) Mobile telecommunications towers must be intended exclusively for commercial exploitation through service agreements for shared access and use of the infrastructure to be
used, operated and exploited as a location for active and passive infrastructure.
In terms of Rule 3.21.3.5., the value of mobile telecommunications towers that are an integral part of the Trust's net assets is to be determined using the procedure established
to restate the acquisition cost of the real estate referred to in Article 124 of the MITL, except when the real estate where the towers are built is also part of the Trust's net assets,
in which case the value of the towers is to be determined as part of the construction cost of such property.
In accordance with Article 187 of the MITL, the Trust will be also subject to the provisions of Article 188 of the MITL, as follows:
a) In terms of Title II of the Law, the Trustee shall determine the Trust's taxable profit for the year on revenue earned from property, rights, loans or securities that are an integral
part of the Trust's net assets.
b) Taxable profit for the year shall be divided by the number of equity certificates issued by the Trustee to the Trust in order to determine the amount of taxable profit corresponding
to each individual certificate.
c) The Trustee must withhold from the holders of the equity certificates income tax on the distributed amount of such tax result, applying the rate set forth in Article 9 of the Law,
unless the noteholders are exempt from the payment of income tax on such income.
d) The holders of the equity certificates shall be subject to the payment of income tax on income earned from the sale of such certificates.
e) Whenever the trustors contribute real estate to the Trust that will be immediately leased to such trustors by the trustee, the trustors may defer payment of income tax payable
on income earned from the sale of the property until the date on which the lease agreement is terminated, provided that such period does not exceed 10 years, or at the time
the trustee sells the contributed real estate, whichever occurs first.
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