{"title":"venturas confacturas:关于墨西哥自己造成的一些财政创伤的笔记","authors":"Claude Denis","doi":"10.1111/lamp.12323","DOIUrl":null,"url":null,"abstract":"<p><b>Cholula, Puebla, Mexico, July 2023</b></p><p><b>1.</b></p><p>This is a story of how the smallest actions and interactions in our daily lives are enmeshed in the largest systems that channel the social world's energies—systems that have their logic but that, at various junctures, just might be self-defeating. Ask for the bill at the end of a restaurant meal, call an Uber, grumble with a friend about the bean counters who are complicating your life unnecessarily, try to decide if you should be having a beer with your tacos—as tiny and mundane as these situations are, they participate of our world's broadest social, political, and economic currents.</p><p>Say that, as part of your work, you are spending money in Mexico that a local institution is supposed to reimburse. You may be Mexican, or you may be a foreigner like I am. It makes no difference. The institution may be an employer or an organization that will pay travel expenses in exchange for an otherwise unpaid lecture or consultation—or something. It is going to get complicated fast, and you are going to get a tutorial in the intricacies of Mexico's public finances.</p><p>This situation may seem banal and boring, but it is not; it provides a revealing, ground-level window into some of the difficulties the country faces in its economic, social, and political development. Mexico is hardly alone in these difficulties, but every country has its own way of struggling. As Leo Tolstoy wrote about families in <i>Anna Karenina</i>, “… each unhappy family is unhappy in its own way.”<sup>1</sup> When it comes to taxes and such, it is hard to find a truly happy country.</p><p>Mexico is plagued with the worst fiscal capacity among the 38 member countries of the Organisation for Economic Co-operation and Development (OECD), at 16.7% of gross domestic product (GDP) in 2021—a marked improvement from 2005, when it was just over 11%. The only other member country that is at less than 20% is Colombia, at 19.5%.<sup>2</sup> Broadly speaking, fiscal capacity refers to a government's ability to generate revenues, and the primary means to do so is the levying of taxes of various kinds. Nobody likes taxes, but without them, a government in a capitalist economy will be unable to function.<sup>3</sup> For a government to have a chance to enact programs that will play some dynamic part in improving the lives of people, it needs a healthy tax base—strong fiscal capacity. It may squander that chance through waste, inefficiency, corruption, or in other ways, and we will see that this concern plays a part in Mexico's quandaries, but without income, a government cannot even be corrupt.</p><p>One of the important flip sides of fiscal capacity for a country like Mexico is the magnitude of its “informal” or “underground” economy. The informal economy is that slice of economic activity that escapes official supervision, regulation…and taxes. The bigger the informal economy, the more potential the tax revenue that never materializes. No matter where we are from, we are all familiar with this reality—no country escapes the informal economy completely, but its relative and absolute size vary greatly.</p><p>One dimension of the informal economy is outright illegal. Think of drug trafficking from beginning to end of the production–consumption chain and it is easy to see why its participants want to hide their activity from government. Another dimension involves the kind of economic activity that, while otherwise legal, is hidden from government to avoid paying taxes. It reduces the cost of the transaction to the buyer (as is obvious) <i>and</i> to the seller, who has a better chance of making the sale <i>and</i> avoids the bureaucratic hassle and economic cost of administering the tax and passing it on to the relevant public authority.<sup>4</sup></p><p>The gig economy adds its own wrinkle to this picture as many Uber drivers and Airbnb hosts (to pick just these two sector-leading companies) run unregistered operations. We will see how this scenario plays into the situation I am describing.</p><p>Both dimensions of the informal economy account for a large chunk of economic activity in general in Mexico. Its inherently criminal side will never contribute to the state's fiscal capacity…unless it stops being illegal in whole or in part. As for its legal-but-tax-evading dimension, governments (and, it could easily be argued, society in general) have a strong incentive to reduce its size—to bring as much of that activity as possible into the tax-paying category, thereby strengthening fiscal capacity. It is the task of fiscal authorities to make it happen.</p><p>In Mexico, the relevant public authority would be the <i>Secretaría de Hacienda y Crédito Público</i> —<i>Hacienda</i> for short—and its tax collecting arm, the <i>Servicio de Administración Tributaria</i> (SAT). Hacienda and SAT can be their own worst enemy.</p><p><b>2.</b></p><p>Say you eat a meal in a restaurant. When you ask for the bill, you will get a <i>ticket</i>, as it is often called in Mexico—the itemized bill for what you ate and drank. If you pay with a debit or credit card, you will be offered a receipt for the card transaction. In Canada, where I am from, if this meal can count as a professional expense, I can submit these documents (for instance, to my university) as proof of expense, and I will be reimbursed to the extent that I spent within the permitted parameters.</p><p>In both Canada and Mexico, the <i>ticket</i> includes the restaurant's fiscal identification number issued by the government. In Canada, the <i>ticket</i>'s information on the transaction, including the amount of tax collected from me, goes automatically into the restaurant's computer database through specialized software mandated by government. This “point-of-sale” (POS) database must be reported periodically to the relevant fiscal authority,<sup>5</sup> along with payment of corresponding sales tax amounts. We will see that in Mexico, the government has no direct access to the POS information, which is hugely problematic. At the other end of the Canadian chain of transactions in my example, the university keeps the documentation that it can present to the Canada Revenue Agency (CRA), if asked, in exchange for its reimbursement to me.</p><p>The crucial feature of this situation is that the tax reporting in Canada is systematic and automatic—as soon as each transaction is entered into the restaurant's (or other business') payment system, it automatically goes into a database that must be reported to the CRA. With the report goes a check, or these days, a bank transfer. There are businesses with a small volume of transactions that do not justify the purchase of the specialized tax-reporting computer hardware and software, and they are allowed to record and report the transactions manually. They are also subject to tax audits at short notice.</p><p>There are ways to avoid this system through cash payment and the absence of any paper or electronic trail—the informal economy—, and restaurants are notoriously creative in finding ways to hide transactions. In this area as in everything else about life in society, it is not a matter of yes or no, all or nothing, but rather of more or less. Still, in most economic sectors it is a burdensome, risky, and often self-defeating gambit, not worth the seller's effort. From the buyer's perspective, it can also be risky to go the informal cash route as the purchase will not be covered by warranty, the government's consumer protection system, or various kinds of insurance.</p><p>Another important aspect of the Canadian story is that the restaurant and my university do not have any kind of relationship; I am literally the middleman, having an economic relationship with both sides while they remain an economic stranger to each other. Meanwhile, we each have our own relationship with the CRA. In other words, the interactions between the various players are kept to a minimum, reducing the opportunities for mistakes, delays, fraud, and so on. This point is important.</p><p>If you are in Mexico and you expect your host university to reimburse a meal in exchange for the restaurant's itemized bill, card receipt, or both, you are most likely out of luck. I say “most likely” because few things in Mexican life are cut and dried. Very often, “no” is only an opening gambit on the part of someone who does not want the hassle that “yes” would trigger, or who may not know how to get to “yes” and does not want to go to the trouble of finding out. We will come back to this point later.</p><p>For now, <i>as a rule</i>…the university, following SAT rules, will require a <i>factura</i><sup>6</sup> from the restaurant. The restaurant, to issue it, will require <i>the university's</i> fiscal information. Many restaurants have a staff member dedicated to obtaining payment and eventually providing the <i>factura</i>. I recently experienced this system when I was a guest of a Mexican university for a few weeks. It was my task, typically when asking for the bill at the end of my meal, to ask for the <i>factura</i> and to provide the restaurant with the university's fiscal information. It used to be done by carrying and providing something like a business card with the university's relevant information, which still happens, but since the “electronic <i>factura</i>” was introduced in a 2014 reform of the system, electronic versions of a “card” are increasingly popular and are often swapped on WhatsApp. This important reform introduced a new player in the system, the big corporations known as <i>factureros</i>, to which SAT outsources the emission of <i>facturas</i>, in a classic neoliberal move of subcontracting state functions to the private sector. Not surprisingly, the <i>factureros</i>—who make vast profits from their privileged position—have their own interests in the operation of the system that may or may not align with those of either SAT or the system's users.</p><p>The <i>factura</i>, then, is a detailed invoice that includes the legal and fiscal information of (in this example) <i>both the restaurant and the university</i>.<sup>7</sup> It also includes, in broad terms, the type of expense that has been incurred—a meal would typically be listed as <i>alimentos y bebidas</i>, food and beverages. The fiscal information required to be included in the <i>factura</i> is quite specific and subject to change. I was told several times over the course of 2 weeks that Hacienda had just tightened the rules, asking for more information. (Un)surprisingly, the university and the restaurants are not always on the same page regarding what information is needed. In any case, there is no reimbursement without a <i>factura</i>—and no tax report from the restaurant to SAT. Therefore, no tax money is going to SAT.</p><p><b>3.</b></p><p>The situation is a little more complicated than I just suggested, and it took me a while to get my head around the problem. Early on in my quest for <i>facturas</i> at the end of my meals, I was told that restaurants do not like to issue them because it triggers a report to SAT, to be followed by payment of the sales tax collected from their clients. No <i>factura</i>, no payment of taxes—the restaurant's motivation seemed obvious. Then, I began noticing that my <i>tickets</i> included the restaurants' fiscal registration number and a sales-tax line with the amount I paid. With this important information on all <i>tickets</i>, it started to seem unlikely that SAT was receiving sales-tax payments for only the tiny number of restaurant meals for which the client requested a <i>factura</i>. It became outright bizarre that payment of the sales tax by businesses to SAT would be triggered by clients' <i>factura</i> requests. The more I thought about it, the less any of it made any sense.</p><p>The solution to the mystery turns out to be rather obscure and convoluted, and quite mundane. Let me unpack it a bit, with the help of a friend who has seen up close how small businesses navigate the system.<sup>8</sup> Restaurants—among other businesses, but I shall stick to my example—in fact must report their income and collection of sales tax to SAT at the end of each day. It is done by means of an aggregate <i>factura</i> issued in the name of the public in general. Payment of the sales tax to SAT is made based on the amounts reported in the <i>facturas</i>. When someone like me requests an individual <i>factura</i>, its amount is expected to be removed from the restaurant's aggregate <i>factura</i>; the two are then added up and forwarded to SAT.</p><p>From SAT's perspective, the big problem with how the system works is that the aggregate <i>facturas</i> are calculated based on <i>tickets</i> to which SAT has no access. When tallying its daily transactions to prepare its aggregate <i>factura</i>, a business can make a portion of its <i>tickets</i> disappear and provide SAT with information and tax income from the remaining portion of the <i>tickets</i>. The latter must be retained in case of an audit, but there is no way for SAT to know that some (or many) <i>tickets</i> have gone missing. The business then pockets the tax amounts from the disappeared <i>tickets</i>. Still, it must be careful to report an income (and to transfer a tax amount) that is reasonably credible and consistent over time to avoid triggering the suspicions of SAT auditors. Should there be an audit of a small restaurant, it would likely take the form of an inspector visiting the place and saying something like “show me your system.” The business owner may then make a discreet offer of a contribution to—let us say—the inspector's informal pension fund, thereby ensuring a happy audit outcome—a classic case of <i>mordida</i>, the small acts of corruption that have oiled many social and economic transactions in Mexico for generations.</p><p>Using the <i>factura</i> system, businesses transfer sales tax amounts to SAT, but they may transfer only a portion of the amounts they collect, a situation made possible by the absence of a point-of-sale connection to SAT's tax reporting and collection. By “disappearing” some quantity of their <i>tickets</i>, many businesses hide not only the sales taxes they collected but also some significant portion of their income. This fact must be balanced—again, for tax reporting purposes—by hiding some significant portion of their expenses. At the end of the fiscal year, there must exist some credible equilibrium between income and expense. To do so, an individual business can play with its own numbers or there can be collaboration between businesses playing together. A business may offer a discount to customers who agree not to require a <i>factura</i> or make life more difficult for those who insist—a two-sided version of <i>mordida</i>. From one business to the other, these dynamics cascade through the entire country's economy, contributing to a significant portion of its underground component.</p><p>From the perspective of the business, the production of individual <i>facturas</i> is problematic in several ways. They have the potential of attracting SAT's attention if their numbers and amounts seem out of proportion with aggregate <i>factura</i> amounts. At a more daily level, each <i>factura</i> that a business emits costs money through several channels—the business literally has to buy each one from a <i>facturero</i>; accountants have to be retained to process and manage tax flows; staff have to spend time producing the <i>facturas</i>, and so on. For the smaller businesses such as many cafes and restaurants, these costs easily become prohibitive. In its wisdom, SAT recognizes this fact and offers the smallest businesses a “simplified” program in which they must pay a flat rate of 2.5% of their receipts. It is potentially helpful for these businesses, and it is convenient for SAT, which has not been all that interested in committing resources to policing these tiny players.</p><p><b>4.</b></p><p>Let us go back to the nitty gritty of everyday life, keeping in mind that, as nobody likes paying taxes, the system just outlined creates a powerful incentive for the restaurant (or other business) to avoid issuing an individual <i>factura</i>.</p><p>On the university's side, the incentive is to demand from me the highest possible standard of SAT compliance, which businesses may or may not be able and willing to match. Doing so minimizes the risk to the university of an unfavorable audit just as it minimizes the amount and difficulty of the work to be carried out by the university comptroller's office. It also puts the onus on me and the frontline administrator who helps me navigate my expenses and reimbursement to provide every possible bit of documentation. Ultimately, several reimbursement applications <i>will</i> be denied, and I will be left holding the bag—unless my sponsors (the colleagues who invited me) on campus, embarrassed by their institution's obstruction, end up paying out of their own pocket without telling me. As far as the university is concerned, this setup is very convenient.</p><p>Following from my example, the bottom line is, on the one hand, that businesses are incentivized to undercount the bulk <i>factura</i> they produce at the end of the day, cheating SAT of some significant part of its potential revenue. On the other hand, in most restaurant meals in Mexico and for many other economic transactions, no <i>factura</i> is requested and none is offered. Even when a request is made, as we shall soon see, it can easily abort, which is where the fun begins. Enter—at last, you may think—my <i>aventuras con facturas</i>.</p><p>Say you are looking for a place to stay during your visit that will be admissible to a reimbursement. It turns out to be simple once you have made appropriate inquiries; scratch Airbnb from your list of options as hosts are not generally registered with SAT. They do not pay tax on their rental income, so they will not be able to issue a <i>factura</i>. Airbnb, the company, will be happy to issue one for its cut of the rental—its commission—but the bulk of your cost will be yours to bear. Scratch that, then, and go to a hotel, which will issue <i>facturas</i> as a matter of course, and you pay additional lodging taxes.</p><p>Then, you need to travel from the hotel to the university. Here, the difficulty is reversed—taxis will be happy, if you insist, to give you an ordinary receipt, but they will not issue <i>facturas</i>. Uber on the other hand will gladly give you a <i>factura…if you have a personal tax registration number with Hacienda</i>, which, of course, I do not. I eventually learned that there might be a way to deal with this difficulty by inserting the university's fiscal information into my Uber profile, but I would have had to do so in advance, at home in Canada, as I cannot run the app's two-factor identification from abroad. We found no solution to this problem, so I used Uber and sent the emailed receipts to my embattled administrator, and it is anybody's guess how it will turn out. It is anybody's guess because it was not entirely clear if instructions from the comptroller's office were as nonnegotiable as they seemed; might the “no reimbursement for an ordinary receipt” line have been merely an opening gambit, intended to keep the comptroller's life easy? Who knows?</p><p>Then, of course, you have to eat…and deal with restaurants' <i>factura</i> management systems. I am thinking here of their <i>social</i> systems for handling <i>factura</i> requests, not merely the technical SAT-directed ones, the first purpose of many such social systems being to avoid giving a <i>factura</i>. In one case, the <i>ticket</i> I received at the end of the meal had a line saying that requests for <i>facturas</i> should be made when ordering the meal. Obviously, that ship had sailed.</p><p>In many other cases, there was another kind of problem: like in Canada, universities do not want or are not allowed to reimburse for alcoholic drinks. Now, a <i>bebida</i> (drink) can be coffee or orange juice but it can also be wine, beer, or tequila. It was made clear to me on behalf of the university's comptroller that no reimbursement would be forthcoming should a <i>factura</i> mention <i>bebidas</i>. Although the drink might well be a coffee or a Diet Coke, or an <i>agua de jamaica</i> (hibiscus flower drink), the mere possibility that it could be a beer is enough to disqualify the <i>factura</i> from being reimbursed. Here, the university's comptroller might have been going overboard with preemptive extreme compliance, or maybe not; again, who knows?</p><p>When told of this university requirement, several restaurant managers responded that their system would only allow them to enter <i>alimentos y bebidas</i> (food and beverages) in the appropriate cell of the electronic form. When they clicked on the cell, predetermined options would present and, for a meal, <i>alimentos y bebidas</i> was it. There was nothing they could do about it. Yet, other restaurant managers had no problem; they could readily enter <i>alimentos</i> (food) only, or some equivalent that would not mention drink.</p><p>This story shows, among other things, that <i>facturas</i> that actually exist can serve to hide the purchase of alcohol, even as corresponding <i>tickets</i> list the alcoholic beverages that were ordered. This outcome is the exact opposite of the objectives the policy pursues in at least two ways—first, purchases of alcohol will be reimbursed; second, this reimbursement will be made possible through fraud.</p><p>Obstacles could still come in a variety of forms. The most obvious was the way in which changes in SAT's demands reached or did not reach the various players in this morality play. Keep in mind that “reach” can be a very subjective term; it could be that a particular demand had been officially received but nobody had gotten around to implementing it, resulting in a “not reached” practical outcome.</p><p>Initially, my administrator gave me a laminated card with the university's information, including the email address where the <i>factura</i> should be sent. I had seen many of these cards over many years of participating in activities reimbursed by Mexican institutions. These little cards worked. Then, restaurant managers started to tell me that a crucial <i>new</i> piece of information was missing from the card, so they could not issue a <i>factura</i>. Back at the university, the administrator saw the difficulty and sent me the missing bit over WhatsApp. This solution satisfied some managers, but others said that <i>another new thing</i> was still missing. By this point, my administrator recognized the need for a comprehensive solution and sent me by WhatsApp an entire new electronic version of the card, fully updated. Yet, I would soon learn, it was now missing the needed email address, which I provided by pulling out the old laminated-paper card.</p><p>Another nice trick was for the restaurant to give me a pen and a form to fill out with all the university's information. This paper would eventually be turned over to their billing person who would email the <i>factura</i>. I have so-so handwriting, and I routinely write outside the box when I have to fill a form, with my information increasingly less legible as I go along. I am sure I am not the only person so afflicted. In any case, I filled a few of these <i>factura</i> forms, with mixed results.</p><p>In one nice Italian restaurant, I asked for a <i>factura</i> that would only mention <i>alimentos</i> or some equivalent—insisting that <i>bebidas</i> not be mentioned. No problem, I was told. A <i>factura</i> was issued and printed; I put the paper in my pocket and left without looking at it (it was my first night in town). The next morning my administrator showed me that the <i>factura</i> said <i>alimentos y bebidas</i>, so I returned to the restaurant later with the offending document and asked them to fix it. I was first told it could not be done. This response was followed by some <i>sotto voce</i> discussion between staffers, and at length I got a new <i>factura</i>. In the process, the restaurant also had to cancel the first one with SAT—an electronic request that could have been turned down, which would have left me stranded.</p><p>Another situation then presented itself. Having explained that I needed a <i>factura</i> with no mention of <i>bebidas</i>, I found the manager entirely cooperative. He took a photo of my information on his iPhone and promised to email the <i>factura</i> to my university administrator and to send me a copy on WhatsApp, which is common practice. Then, nothing happened; he never sent anything.</p><p>As with all other <i>factura</i> issues, I had until the end of the calendar month to reach out to the restaurant to get this no-show fixed. I was not optimistic, but by this point I had decided to write about the whole sorry saga; I would go back to the restaurant and see where it led. In the meantime, my administrator had phoned the restaurant (a good-sized and pretty nice place with excellent tacos, part of a small chain), where somehow a cook picked up the phone. He said my administrator needed to speak with the manager, Juan Carlos, who was not there just then. I trekked to the restaurant and found a small group of staffers gathered near the entrance. When I asked for Juan Carlos, they all looked at each other and said, “who?”. It seemed that no such person worked there. I then asked for the manager—whatever that person's name might be—and was taken to a table to wait for him. He showed up after a few minutes, I told my story, and he said, “no problem.”</p><p>I insisted again on the <i>no bebidas</i> thing, which he fully acknowledged. We went to his computer, with me looking over his shoulder. It took him about 15 min to access the file (slow system), enter the information, and print the <i>factura…</i>which of course said <i>alimentos y bebidas</i>. When I pointed it out to him, repeating (nicely) that such a document was of no use to me, he sighed and said he would fix it. First, he could not find a <i>solo alimentos</i> option on his electronic form but eventually figured it out. Then, he tried to cancel the first <i>factura</i> on the SAT website…and got stuck. The spinning wheel of death on the screen would not go away. He tried and tried.</p><p>As time passed, I took the opportunity to point out to him the junior manager who had “helped” me the first time and was now hovering at some distance from us. My man shrugged and kept trying for about 45 min after he had printed the misbegotten <i>factura</i>. I would normally have put an end to his suffering earlier, but I was now in full fact-finding mode. I wanted to see this through, if possible, but I was getting hungry—and I was <i>not</i> going to eat there again if there was no positive resolution. In the end, I told him to give up on the spinning wheel of death, thanked him for his effort, and left with a useless <i>factura</i> in my pocket…and very hungry. All this pointless effort, of course, was the result of the first guy neglecting to follow up on my <i>factura</i> request.</p><p>I could go on, as nearly every meal I took over 2 weeks called for a <i>factura</i> request, triggering some variation on the drama. But I figure that you get the picture.</p><p><b>5.</b></p><p>Mexican businesses are obligated by law to provide a <i>factura</i> upon request. But they are often not asked, and when asked, well…</p><p>The remarkable thing about this story is that nobody should need <i>facturas</i>—not sellers, not buyers, and not SAT. Itemized bills, possibly marked as “paid in full,” should be all the proof of expense needed as up-to-date electronic equipment enters the transaction in the business's database, which then can be turned over to the taxman. Unrecorded cash transactions will escape this system, of course, but <i>facturas</i> are not issued for such things now anyway.</p><p>One may object to the broad argument that I am outlining here, on account of my applying a “Northern” standard to the experience and practices of a country that is not of the “North.” On principle, it should be a wrong thing to do, to judge Mexico on a Canadian scale. Some would say that, pragmatically, Mexico cannot be expected to match a variety of advanced capitalist practices. I am sensitive to this concern as I am critical, as a rule, of the cultural imperialism of what is usually called “the West” (or some variation of “the North”). In this kind of situation, though, I think it is the right thing to do to look at the <i>factura</i> system in this way. Indeed, it seems to me that saying here that <i>Mexico cannot be expected</i> not only underestimates the country's capacities but also proceeds from a form of racism.</p><p>Mexico would be able to deploy state-of-the-art systems for dealing with value-added tax such as those seen in Canada. Although Mexico is not a “high income” country and although it faces difficulties characteristic of what used to be called <i>developing countries</i>, its state system and economy operate in the technologically sophisticated ways—and at large scale, as a country of 120 million people—of participants in today's globalized and information-technology saturated world. Mexican institutions, private and public, operate the same large software systems that are run in Canada and elsewhere. Tens of millions of Mexicans, individuals, and organizations of all sizes use Excel and similar programs. With the current electronic <i>factura</i> system, even very small businesses need to connect, through Internet, upon request of an individual <i>factura</i> and at the end of each business day, to the <i>factureros</i> that will emit the <i>facturas</i>. These small businesses already bear the costs of connecting to Internet, purchasing <i>facturas</i>, obtaining the services of bookkeepers or accountants, and so on.</p><p>Meanwhile, some other tens of millions of Mexicans are too poor to have access to any digital technology, and uncounted numbers of small informal businesses only operate with cash. Whatever Hacienda does to capture its share of economic activity more efficiently, it will miss all these groups. What it <i>does not</i> need to do is push more transactions into the tax-evading zone.</p><p>Broadly speaking, Mexico and Canada operate in the same world of a capitalist economy, with the same kinds of government institutions, the same kinds of technology, and the same ways of raising public funds. Over the past decade and more, Mexico has been trying to improve its fiscal capacity and has found <i>some</i> success. The Mexican government <i>wants</i> to capture its proper share (however defined), through taxation, of as much of the country's economic activity as possible. The <i>factura</i> system is not helping; it is counterproductive. It multiplies transactions (<i>facturas</i> on top of <i>tickets</i>) and interactions (creating that connection, for instance, between the university and the restaurant), each unnecessary one creating opportunities for mistakes, fraud, and other trouble. It actively discourages the payment of taxes and actively encourages Mexicans to try to get around SAT. It should be ditched and replaced with one in which simple <i>tickets</i> do the job that <i>facturas</i> supposedly do now. Not only would doing so make my life, the lives of my friends at Mexican universities, and the lives of countless restaurant managers and business owners and most Mexicans easier, but it would also vastly increase the efficiency of the country's tax collection—bringing billions of pesos into state coffers every year.</p><p>There are reasons why the <i>factura</i> system exists that I suspect (although I could be wrong) lie in multiple layers of bureaucratic tradition going back to colonial times and Spanish state construction. I am sure it is deeply embedded in Hacienda's DNA, and conducting a genealogy of the whole thing would surely bring fascinating results. If only because of this embeddedness, the <i>factura</i> would not be easy to eliminate. In addition, the task of replacing it well would be daunting, but it does not mean the country would be unable to do so.</p><p>Having already noted that Mexico's fiscal capacity has improved over the last decades, I should make allowances for the possibility that <i>factura</i> reform and tinkering—including the digitization of the system in 2014—have contributed to that improvement. The current system could then be seen as Janus-faced—improving and worsening the situation at the same time, perhaps a transitional regime that strengthens somewhat the state's digital and fiscal capacity while continuing to enable Mexicans to evade a portion of their tax bill.</p><p>Ultimately, SAT already tracks and registers hundreds of millions of economic actors (people and businesses) and billions of transactions every year, but it also misses vast amounts of transactions because of the size of the country's informal economy, which the <i>factura</i> system boosts artificially. What I am thinking of, based on my Canadian experience, is a deepening of the granularity the Mexican government already practices while eliminating something—the <i>factura</i>—that probably started as a Band-Aid and became a parasite that draws resources away from its host.</p><p><b>6.</b></p><p>I shall close these remarks by situating them in the context of the contemporary social theory that informs them. If you have no time for theory, you have my leave to stop reading here.</p><p>It is not by accident that I am linking my very personal, micro experience with <i>facturas</i> to the macro capacities—fiscal and otherwise—of the Mexican state. More deeply, the state's global ability and ambition to reach systematically into individual lives, including their every economic transaction, is a fundamental feature of how modern, capitalist society works. States fail at this task, of course, as they never capture every transaction or activity they might target. Yet, failure is a matter of degree, which is another way of saying that success is a matter of degree.</p><p>We can understand this dynamic as a systemic partnership between state and capital, underpinning the functioning of both the capitalist economy and the politics of popular sovereignty. Michel Foucault's concepts of <i>biopower</i> and <i>governmentality</i><sup>9</sup> capture this whole story. In this perspective, “we the people” are possible and operationalized as a collective subject only to the extent that we as individual members are identified and counted, enabling us in turn to act as individual and collective political subjects; we are, at one and the same time, individual citizens (unless we are excluded as noncitizens) and whole populations. This is the sense in which biopower encompasses the life of the individual and the life of the population—ultimately, the life of the species. What we think of as our political freedoms and rights function within and are made possible by this very configuration of power.</p><p>The same goes for us as individual economic actors, whether in our guise as workers and producers, sellers and buyers, and so on. Our economic practices are framed and function within finely grained parameters that enable us as economic actors and are established jointly by capital and the state, subject to variable political pressure “from below.” These practices also channel resources to the state, enabling government to carry out its tasks—however such tasks may be defined. Whether roads are well built, and high-quality health services are publicly funded, or the security sector is favored at the expense of other public priorities, or vast amounts of public funds are corruptly channeled to regime-affiliated networks, all depend on resources first making their way to government coffers.</p><p>We, all of us (variously) in every country on the planet, live in ever more finely meshed grids of “power/knowledge,”<sup>10</sup> where <i>intelligibility</i> and <i>governability</i> are flip sides of the same coin. How we <i>understand</i> ourselves, for instance as “citizens” or “consumers” or “workers” or “asylum seekers” or whatever; and how our lives are <i>governed</i>—by ourselves, by our communities, and by law—are fundamentally inseparable. Such is the modern realm of governmentality, which is to say that power operates through the government or management of populations and individuals, including through the making of particular kinds of individuals. If we think of ourselves as “taxpayers,” for instance, or as chronic tax evaders, it will not be unrelated to how we behave as economic and political actors. Indeed, as we think and act our way through this world, we not only comply; we also resist. Even as we see ourselves as taxpayers, we may push back on our government's use of its tax income; tax evasion may be construed as tax resistance anchored politically, and so on.</p><p>All this practice of government happens through the creation and operation in our everyday lives of particular mechanisms, procedures, and technologies, including such things as value-added taxes and <i>facturas</i>, the tax registration numbers issued by fiscal authorities to individuals and organizations, the Excel sheets and specialized software that record individual transactions and relevant amounts, the electronic machines that capture payments and send them to the Excel sheet, and so on.</p><p>In this big picture, Mexico's <i>factura</i> is a very peculiar beast. The stated purpose of its existence is twofold—on the one hand, it aims to discourage the kind of fraud and money laundering that happen through claims for expenses that may be nonexistent or smaller than the amount claimed; on the other hand, it is meant to enforce rules regarding the “claimability” of expenses reported to SAT (for instance, alcoholic beverages are not claimable). The <i>factura</i> is meant, then, to reinforce the application of the rule of law in the everyday life of ordinary economic transactions, to deepen Hacienda's reach into every nook and cranny of economic life, and to bring <i>factura</i>-seeking Mexicans to think of themselves as obedient followers of the Hacienda rule book—all of it united in undermining both dimensions of the informal economy.</p><p>To the extent that the formal and informal economy grow and shrink in an inverse relationship, it stands to reason that the <i>factura</i> system would seek to bolster the former. It was explicitly designed as a technology of power and is regularly tinkered with to do just that. The problem is that in a whole range of activities, the <i>factura</i> system is plainly dysfunctional—sellers do all they can to avoid providing <i>facturas</i>, buyers scheme to have them tailored to requirements no matter the actual expense involved, and a vast number of transactions just go uninvoiced, un<i>factura</i>-ed. In complementary ways, sellers suffer from this system, as do buyers, as does Hacienda. Mexicans understand as a matter of course that <i>facturas</i> are not an inherent part of economic transactions but rather an artificial and burdensome fiscal instrument that is best avoided as often as possible.</p><p>Rather than bolstering the official economy and the state, the <i>factura</i> undermines them by inducing Mexicans to avoid <i>facturas</i> and to think of themselves as Hacienda-avoiding economic, social, and political subjects. Mexicans resist the <i>factura</i>, seeking to help themselves while keeping at bay a state they do not trust.</p><p>As I was finishing one of my last meals in Mexico this summer—a meal that was not subject to reimbursement—I asked for the bill. I was surprised when the server asked, “would you like a <i>factura</i> with that?” I took a moment to absorb this question and answered, “oh…thanks, but no.”</p>","PeriodicalId":42501,"journal":{"name":"Latin American Policy","volume":"14 4","pages":"638-648"},"PeriodicalIF":0.8000,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lamp.12323","citationCount":"0","resultStr":"{\"title\":\"Aventuras con facturas: Notes on some of Mexico's self-inflicted fiscal wounds\",\"authors\":\"Claude Denis\",\"doi\":\"10.1111/lamp.12323\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><b>Cholula, Puebla, Mexico, July 2023</b></p><p><b>1.</b></p><p>This is a story of how the smallest actions and interactions in our daily lives are enmeshed in the largest systems that channel the social world's energies—systems that have their logic but that, at various junctures, just might be self-defeating. Ask for the bill at the end of a restaurant meal, call an Uber, grumble with a friend about the bean counters who are complicating your life unnecessarily, try to decide if you should be having a beer with your tacos—as tiny and mundane as these situations are, they participate of our world's broadest social, political, and economic currents.</p><p>Say that, as part of your work, you are spending money in Mexico that a local institution is supposed to reimburse. You may be Mexican, or you may be a foreigner like I am. It makes no difference. The institution may be an employer or an organization that will pay travel expenses in exchange for an otherwise unpaid lecture or consultation—or something. It is going to get complicated fast, and you are going to get a tutorial in the intricacies of Mexico's public finances.</p><p>This situation may seem banal and boring, but it is not; it provides a revealing, ground-level window into some of the difficulties the country faces in its economic, social, and political development. Mexico is hardly alone in these difficulties, but every country has its own way of struggling. As Leo Tolstoy wrote about families in <i>Anna Karenina</i>, “… each unhappy family is unhappy in its own way.”<sup>1</sup> When it comes to taxes and such, it is hard to find a truly happy country.</p><p>Mexico is plagued with the worst fiscal capacity among the 38 member countries of the Organisation for Economic Co-operation and Development (OECD), at 16.7% of gross domestic product (GDP) in 2021—a marked improvement from 2005, when it was just over 11%. The only other member country that is at less than 20% is Colombia, at 19.5%.<sup>2</sup> Broadly speaking, fiscal capacity refers to a government's ability to generate revenues, and the primary means to do so is the levying of taxes of various kinds. Nobody likes taxes, but without them, a government in a capitalist economy will be unable to function.<sup>3</sup> For a government to have a chance to enact programs that will play some dynamic part in improving the lives of people, it needs a healthy tax base—strong fiscal capacity. It may squander that chance through waste, inefficiency, corruption, or in other ways, and we will see that this concern plays a part in Mexico's quandaries, but without income, a government cannot even be corrupt.</p><p>One of the important flip sides of fiscal capacity for a country like Mexico is the magnitude of its “informal” or “underground” economy. The informal economy is that slice of economic activity that escapes official supervision, regulation…and taxes. The bigger the informal economy, the more potential the tax revenue that never materializes. No matter where we are from, we are all familiar with this reality—no country escapes the informal economy completely, but its relative and absolute size vary greatly.</p><p>One dimension of the informal economy is outright illegal. Think of drug trafficking from beginning to end of the production–consumption chain and it is easy to see why its participants want to hide their activity from government. Another dimension involves the kind of economic activity that, while otherwise legal, is hidden from government to avoid paying taxes. It reduces the cost of the transaction to the buyer (as is obvious) <i>and</i> to the seller, who has a better chance of making the sale <i>and</i> avoids the bureaucratic hassle and economic cost of administering the tax and passing it on to the relevant public authority.<sup>4</sup></p><p>The gig economy adds its own wrinkle to this picture as many Uber drivers and Airbnb hosts (to pick just these two sector-leading companies) run unregistered operations. We will see how this scenario plays into the situation I am describing.</p><p>Both dimensions of the informal economy account for a large chunk of economic activity in general in Mexico. Its inherently criminal side will never contribute to the state's fiscal capacity…unless it stops being illegal in whole or in part. As for its legal-but-tax-evading dimension, governments (and, it could easily be argued, society in general) have a strong incentive to reduce its size—to bring as much of that activity as possible into the tax-paying category, thereby strengthening fiscal capacity. It is the task of fiscal authorities to make it happen.</p><p>In Mexico, the relevant public authority would be the <i>Secretaría de Hacienda y Crédito Público</i> —<i>Hacienda</i> for short—and its tax collecting arm, the <i>Servicio de Administración Tributaria</i> (SAT). Hacienda and SAT can be their own worst enemy.</p><p><b>2.</b></p><p>Say you eat a meal in a restaurant. When you ask for the bill, you will get a <i>ticket</i>, as it is often called in Mexico—the itemized bill for what you ate and drank. If you pay with a debit or credit card, you will be offered a receipt for the card transaction. In Canada, where I am from, if this meal can count as a professional expense, I can submit these documents (for instance, to my university) as proof of expense, and I will be reimbursed to the extent that I spent within the permitted parameters.</p><p>In both Canada and Mexico, the <i>ticket</i> includes the restaurant's fiscal identification number issued by the government. In Canada, the <i>ticket</i>'s information on the transaction, including the amount of tax collected from me, goes automatically into the restaurant's computer database through specialized software mandated by government. This “point-of-sale” (POS) database must be reported periodically to the relevant fiscal authority,<sup>5</sup> along with payment of corresponding sales tax amounts. We will see that in Mexico, the government has no direct access to the POS information, which is hugely problematic. At the other end of the Canadian chain of transactions in my example, the university keeps the documentation that it can present to the Canada Revenue Agency (CRA), if asked, in exchange for its reimbursement to me.</p><p>The crucial feature of this situation is that the tax reporting in Canada is systematic and automatic—as soon as each transaction is entered into the restaurant's (or other business') payment system, it automatically goes into a database that must be reported to the CRA. With the report goes a check, or these days, a bank transfer. There are businesses with a small volume of transactions that do not justify the purchase of the specialized tax-reporting computer hardware and software, and they are allowed to record and report the transactions manually. They are also subject to tax audits at short notice.</p><p>There are ways to avoid this system through cash payment and the absence of any paper or electronic trail—the informal economy—, and restaurants are notoriously creative in finding ways to hide transactions. In this area as in everything else about life in society, it is not a matter of yes or no, all or nothing, but rather of more or less. Still, in most economic sectors it is a burdensome, risky, and often self-defeating gambit, not worth the seller's effort. From the buyer's perspective, it can also be risky to go the informal cash route as the purchase will not be covered by warranty, the government's consumer protection system, or various kinds of insurance.</p><p>Another important aspect of the Canadian story is that the restaurant and my university do not have any kind of relationship; I am literally the middleman, having an economic relationship with both sides while they remain an economic stranger to each other. Meanwhile, we each have our own relationship with the CRA. In other words, the interactions between the various players are kept to a minimum, reducing the opportunities for mistakes, delays, fraud, and so on. This point is important.</p><p>If you are in Mexico and you expect your host university to reimburse a meal in exchange for the restaurant's itemized bill, card receipt, or both, you are most likely out of luck. I say “most likely” because few things in Mexican life are cut and dried. Very often, “no” is only an opening gambit on the part of someone who does not want the hassle that “yes” would trigger, or who may not know how to get to “yes” and does not want to go to the trouble of finding out. We will come back to this point later.</p><p>For now, <i>as a rule</i>…the university, following SAT rules, will require a <i>factura</i><sup>6</sup> from the restaurant. The restaurant, to issue it, will require <i>the university's</i> fiscal information. Many restaurants have a staff member dedicated to obtaining payment and eventually providing the <i>factura</i>. I recently experienced this system when I was a guest of a Mexican university for a few weeks. It was my task, typically when asking for the bill at the end of my meal, to ask for the <i>factura</i> and to provide the restaurant with the university's fiscal information. It used to be done by carrying and providing something like a business card with the university's relevant information, which still happens, but since the “electronic <i>factura</i>” was introduced in a 2014 reform of the system, electronic versions of a “card” are increasingly popular and are often swapped on WhatsApp. This important reform introduced a new player in the system, the big corporations known as <i>factureros</i>, to which SAT outsources the emission of <i>facturas</i>, in a classic neoliberal move of subcontracting state functions to the private sector. Not surprisingly, the <i>factureros</i>—who make vast profits from their privileged position—have their own interests in the operation of the system that may or may not align with those of either SAT or the system's users.</p><p>The <i>factura</i>, then, is a detailed invoice that includes the legal and fiscal information of (in this example) <i>both the restaurant and the university</i>.<sup>7</sup> It also includes, in broad terms, the type of expense that has been incurred—a meal would typically be listed as <i>alimentos y bebidas</i>, food and beverages. The fiscal information required to be included in the <i>factura</i> is quite specific and subject to change. I was told several times over the course of 2 weeks that Hacienda had just tightened the rules, asking for more information. (Un)surprisingly, the university and the restaurants are not always on the same page regarding what information is needed. In any case, there is no reimbursement without a <i>factura</i>—and no tax report from the restaurant to SAT. Therefore, no tax money is going to SAT.</p><p><b>3.</b></p><p>The situation is a little more complicated than I just suggested, and it took me a while to get my head around the problem. Early on in my quest for <i>facturas</i> at the end of my meals, I was told that restaurants do not like to issue them because it triggers a report to SAT, to be followed by payment of the sales tax collected from their clients. No <i>factura</i>, no payment of taxes—the restaurant's motivation seemed obvious. Then, I began noticing that my <i>tickets</i> included the restaurants' fiscal registration number and a sales-tax line with the amount I paid. With this important information on all <i>tickets</i>, it started to seem unlikely that SAT was receiving sales-tax payments for only the tiny number of restaurant meals for which the client requested a <i>factura</i>. It became outright bizarre that payment of the sales tax by businesses to SAT would be triggered by clients' <i>factura</i> requests. The more I thought about it, the less any of it made any sense.</p><p>The solution to the mystery turns out to be rather obscure and convoluted, and quite mundane. Let me unpack it a bit, with the help of a friend who has seen up close how small businesses navigate the system.<sup>8</sup> Restaurants—among other businesses, but I shall stick to my example—in fact must report their income and collection of sales tax to SAT at the end of each day. It is done by means of an aggregate <i>factura</i> issued in the name of the public in general. Payment of the sales tax to SAT is made based on the amounts reported in the <i>facturas</i>. When someone like me requests an individual <i>factura</i>, its amount is expected to be removed from the restaurant's aggregate <i>factura</i>; the two are then added up and forwarded to SAT.</p><p>From SAT's perspective, the big problem with how the system works is that the aggregate <i>facturas</i> are calculated based on <i>tickets</i> to which SAT has no access. When tallying its daily transactions to prepare its aggregate <i>factura</i>, a business can make a portion of its <i>tickets</i> disappear and provide SAT with information and tax income from the remaining portion of the <i>tickets</i>. The latter must be retained in case of an audit, but there is no way for SAT to know that some (or many) <i>tickets</i> have gone missing. The business then pockets the tax amounts from the disappeared <i>tickets</i>. Still, it must be careful to report an income (and to transfer a tax amount) that is reasonably credible and consistent over time to avoid triggering the suspicions of SAT auditors. Should there be an audit of a small restaurant, it would likely take the form of an inspector visiting the place and saying something like “show me your system.” The business owner may then make a discreet offer of a contribution to—let us say—the inspector's informal pension fund, thereby ensuring a happy audit outcome—a classic case of <i>mordida</i>, the small acts of corruption that have oiled many social and economic transactions in Mexico for generations.</p><p>Using the <i>factura</i> system, businesses transfer sales tax amounts to SAT, but they may transfer only a portion of the amounts they collect, a situation made possible by the absence of a point-of-sale connection to SAT's tax reporting and collection. By “disappearing” some quantity of their <i>tickets</i>, many businesses hide not only the sales taxes they collected but also some significant portion of their income. This fact must be balanced—again, for tax reporting purposes—by hiding some significant portion of their expenses. At the end of the fiscal year, there must exist some credible equilibrium between income and expense. To do so, an individual business can play with its own numbers or there can be collaboration between businesses playing together. A business may offer a discount to customers who agree not to require a <i>factura</i> or make life more difficult for those who insist—a two-sided version of <i>mordida</i>. From one business to the other, these dynamics cascade through the entire country's economy, contributing to a significant portion of its underground component.</p><p>From the perspective of the business, the production of individual <i>facturas</i> is problematic in several ways. They have the potential of attracting SAT's attention if their numbers and amounts seem out of proportion with aggregate <i>factura</i> amounts. At a more daily level, each <i>factura</i> that a business emits costs money through several channels—the business literally has to buy each one from a <i>facturero</i>; accountants have to be retained to process and manage tax flows; staff have to spend time producing the <i>facturas</i>, and so on. For the smaller businesses such as many cafes and restaurants, these costs easily become prohibitive. In its wisdom, SAT recognizes this fact and offers the smallest businesses a “simplified” program in which they must pay a flat rate of 2.5% of their receipts. It is potentially helpful for these businesses, and it is convenient for SAT, which has not been all that interested in committing resources to policing these tiny players.</p><p><b>4.</b></p><p>Let us go back to the nitty gritty of everyday life, keeping in mind that, as nobody likes paying taxes, the system just outlined creates a powerful incentive for the restaurant (or other business) to avoid issuing an individual <i>factura</i>.</p><p>On the university's side, the incentive is to demand from me the highest possible standard of SAT compliance, which businesses may or may not be able and willing to match. Doing so minimizes the risk to the university of an unfavorable audit just as it minimizes the amount and difficulty of the work to be carried out by the university comptroller's office. It also puts the onus on me and the frontline administrator who helps me navigate my expenses and reimbursement to provide every possible bit of documentation. Ultimately, several reimbursement applications <i>will</i> be denied, and I will be left holding the bag—unless my sponsors (the colleagues who invited me) on campus, embarrassed by their institution's obstruction, end up paying out of their own pocket without telling me. As far as the university is concerned, this setup is very convenient.</p><p>Following from my example, the bottom line is, on the one hand, that businesses are incentivized to undercount the bulk <i>factura</i> they produce at the end of the day, cheating SAT of some significant part of its potential revenue. On the other hand, in most restaurant meals in Mexico and for many other economic transactions, no <i>factura</i> is requested and none is offered. Even when a request is made, as we shall soon see, it can easily abort, which is where the fun begins. Enter—at last, you may think—my <i>aventuras con facturas</i>.</p><p>Say you are looking for a place to stay during your visit that will be admissible to a reimbursement. It turns out to be simple once you have made appropriate inquiries; scratch Airbnb from your list of options as hosts are not generally registered with SAT. They do not pay tax on their rental income, so they will not be able to issue a <i>factura</i>. Airbnb, the company, will be happy to issue one for its cut of the rental—its commission—but the bulk of your cost will be yours to bear. Scratch that, then, and go to a hotel, which will issue <i>facturas</i> as a matter of course, and you pay additional lodging taxes.</p><p>Then, you need to travel from the hotel to the university. Here, the difficulty is reversed—taxis will be happy, if you insist, to give you an ordinary receipt, but they will not issue <i>facturas</i>. Uber on the other hand will gladly give you a <i>factura…if you have a personal tax registration number with Hacienda</i>, which, of course, I do not. I eventually learned that there might be a way to deal with this difficulty by inserting the university's fiscal information into my Uber profile, but I would have had to do so in advance, at home in Canada, as I cannot run the app's two-factor identification from abroad. We found no solution to this problem, so I used Uber and sent the emailed receipts to my embattled administrator, and it is anybody's guess how it will turn out. It is anybody's guess because it was not entirely clear if instructions from the comptroller's office were as nonnegotiable as they seemed; might the “no reimbursement for an ordinary receipt” line have been merely an opening gambit, intended to keep the comptroller's life easy? Who knows?</p><p>Then, of course, you have to eat…and deal with restaurants' <i>factura</i> management systems. I am thinking here of their <i>social</i> systems for handling <i>factura</i> requests, not merely the technical SAT-directed ones, the first purpose of many such social systems being to avoid giving a <i>factura</i>. In one case, the <i>ticket</i> I received at the end of the meal had a line saying that requests for <i>facturas</i> should be made when ordering the meal. Obviously, that ship had sailed.</p><p>In many other cases, there was another kind of problem: like in Canada, universities do not want or are not allowed to reimburse for alcoholic drinks. Now, a <i>bebida</i> (drink) can be coffee or orange juice but it can also be wine, beer, or tequila. It was made clear to me on behalf of the university's comptroller that no reimbursement would be forthcoming should a <i>factura</i> mention <i>bebidas</i>. Although the drink might well be a coffee or a Diet Coke, or an <i>agua de jamaica</i> (hibiscus flower drink), the mere possibility that it could be a beer is enough to disqualify the <i>factura</i> from being reimbursed. Here, the university's comptroller might have been going overboard with preemptive extreme compliance, or maybe not; again, who knows?</p><p>When told of this university requirement, several restaurant managers responded that their system would only allow them to enter <i>alimentos y bebidas</i> (food and beverages) in the appropriate cell of the electronic form. When they clicked on the cell, predetermined options would present and, for a meal, <i>alimentos y bebidas</i> was it. There was nothing they could do about it. Yet, other restaurant managers had no problem; they could readily enter <i>alimentos</i> (food) only, or some equivalent that would not mention drink.</p><p>This story shows, among other things, that <i>facturas</i> that actually exist can serve to hide the purchase of alcohol, even as corresponding <i>tickets</i> list the alcoholic beverages that were ordered. This outcome is the exact opposite of the objectives the policy pursues in at least two ways—first, purchases of alcohol will be reimbursed; second, this reimbursement will be made possible through fraud.</p><p>Obstacles could still come in a variety of forms. The most obvious was the way in which changes in SAT's demands reached or did not reach the various players in this morality play. Keep in mind that “reach” can be a very subjective term; it could be that a particular demand had been officially received but nobody had gotten around to implementing it, resulting in a “not reached” practical outcome.</p><p>Initially, my administrator gave me a laminated card with the university's information, including the email address where the <i>factura</i> should be sent. I had seen many of these cards over many years of participating in activities reimbursed by Mexican institutions. These little cards worked. Then, restaurant managers started to tell me that a crucial <i>new</i> piece of information was missing from the card, so they could not issue a <i>factura</i>. Back at the university, the administrator saw the difficulty and sent me the missing bit over WhatsApp. This solution satisfied some managers, but others said that <i>another new thing</i> was still missing. By this point, my administrator recognized the need for a comprehensive solution and sent me by WhatsApp an entire new electronic version of the card, fully updated. Yet, I would soon learn, it was now missing the needed email address, which I provided by pulling out the old laminated-paper card.</p><p>Another nice trick was for the restaurant to give me a pen and a form to fill out with all the university's information. This paper would eventually be turned over to their billing person who would email the <i>factura</i>. I have so-so handwriting, and I routinely write outside the box when I have to fill a form, with my information increasingly less legible as I go along. I am sure I am not the only person so afflicted. In any case, I filled a few of these <i>factura</i> forms, with mixed results.</p><p>In one nice Italian restaurant, I asked for a <i>factura</i> that would only mention <i>alimentos</i> or some equivalent—insisting that <i>bebidas</i> not be mentioned. No problem, I was told. A <i>factura</i> was issued and printed; I put the paper in my pocket and left without looking at it (it was my first night in town). The next morning my administrator showed me that the <i>factura</i> said <i>alimentos y bebidas</i>, so I returned to the restaurant later with the offending document and asked them to fix it. I was first told it could not be done. This response was followed by some <i>sotto voce</i> discussion between staffers, and at length I got a new <i>factura</i>. In the process, the restaurant also had to cancel the first one with SAT—an electronic request that could have been turned down, which would have left me stranded.</p><p>Another situation then presented itself. Having explained that I needed a <i>factura</i> with no mention of <i>bebidas</i>, I found the manager entirely cooperative. He took a photo of my information on his iPhone and promised to email the <i>factura</i> to my university administrator and to send me a copy on WhatsApp, which is common practice. Then, nothing happened; he never sent anything.</p><p>As with all other <i>factura</i> issues, I had until the end of the calendar month to reach out to the restaurant to get this no-show fixed. I was not optimistic, but by this point I had decided to write about the whole sorry saga; I would go back to the restaurant and see where it led. In the meantime, my administrator had phoned the restaurant (a good-sized and pretty nice place with excellent tacos, part of a small chain), where somehow a cook picked up the phone. He said my administrator needed to speak with the manager, Juan Carlos, who was not there just then. I trekked to the restaurant and found a small group of staffers gathered near the entrance. When I asked for Juan Carlos, they all looked at each other and said, “who?”. It seemed that no such person worked there. I then asked for the manager—whatever that person's name might be—and was taken to a table to wait for him. He showed up after a few minutes, I told my story, and he said, “no problem.”</p><p>I insisted again on the <i>no bebidas</i> thing, which he fully acknowledged. We went to his computer, with me looking over his shoulder. It took him about 15 min to access the file (slow system), enter the information, and print the <i>factura…</i>which of course said <i>alimentos y bebidas</i>. When I pointed it out to him, repeating (nicely) that such a document was of no use to me, he sighed and said he would fix it. First, he could not find a <i>solo alimentos</i> option on his electronic form but eventually figured it out. Then, he tried to cancel the first <i>factura</i> on the SAT website…and got stuck. The spinning wheel of death on the screen would not go away. He tried and tried.</p><p>As time passed, I took the opportunity to point out to him the junior manager who had “helped” me the first time and was now hovering at some distance from us. My man shrugged and kept trying for about 45 min after he had printed the misbegotten <i>factura</i>. I would normally have put an end to his suffering earlier, but I was now in full fact-finding mode. I wanted to see this through, if possible, but I was getting hungry—and I was <i>not</i> going to eat there again if there was no positive resolution. In the end, I told him to give up on the spinning wheel of death, thanked him for his effort, and left with a useless <i>factura</i> in my pocket…and very hungry. All this pointless effort, of course, was the result of the first guy neglecting to follow up on my <i>factura</i> request.</p><p>I could go on, as nearly every meal I took over 2 weeks called for a <i>factura</i> request, triggering some variation on the drama. But I figure that you get the picture.</p><p><b>5.</b></p><p>Mexican businesses are obligated by law to provide a <i>factura</i> upon request. But they are often not asked, and when asked, well…</p><p>The remarkable thing about this story is that nobody should need <i>facturas</i>—not sellers, not buyers, and not SAT. Itemized bills, possibly marked as “paid in full,” should be all the proof of expense needed as up-to-date electronic equipment enters the transaction in the business's database, which then can be turned over to the taxman. Unrecorded cash transactions will escape this system, of course, but <i>facturas</i> are not issued for such things now anyway.</p><p>One may object to the broad argument that I am outlining here, on account of my applying a “Northern” standard to the experience and practices of a country that is not of the “North.” On principle, it should be a wrong thing to do, to judge Mexico on a Canadian scale. Some would say that, pragmatically, Mexico cannot be expected to match a variety of advanced capitalist practices. I am sensitive to this concern as I am critical, as a rule, of the cultural imperialism of what is usually called “the West” (or some variation of “the North”). In this kind of situation, though, I think it is the right thing to do to look at the <i>factura</i> system in this way. Indeed, it seems to me that saying here that <i>Mexico cannot be expected</i> not only underestimates the country's capacities but also proceeds from a form of racism.</p><p>Mexico would be able to deploy state-of-the-art systems for dealing with value-added tax such as those seen in Canada. Although Mexico is not a “high income” country and although it faces difficulties characteristic of what used to be called <i>developing countries</i>, its state system and economy operate in the technologically sophisticated ways—and at large scale, as a country of 120 million people—of participants in today's globalized and information-technology saturated world. Mexican institutions, private and public, operate the same large software systems that are run in Canada and elsewhere. Tens of millions of Mexicans, individuals, and organizations of all sizes use Excel and similar programs. With the current electronic <i>factura</i> system, even very small businesses need to connect, through Internet, upon request of an individual <i>factura</i> and at the end of each business day, to the <i>factureros</i> that will emit the <i>facturas</i>. These small businesses already bear the costs of connecting to Internet, purchasing <i>facturas</i>, obtaining the services of bookkeepers or accountants, and so on.</p><p>Meanwhile, some other tens of millions of Mexicans are too poor to have access to any digital technology, and uncounted numbers of small informal businesses only operate with cash. Whatever Hacienda does to capture its share of economic activity more efficiently, it will miss all these groups. What it <i>does not</i> need to do is push more transactions into the tax-evading zone.</p><p>Broadly speaking, Mexico and Canada operate in the same world of a capitalist economy, with the same kinds of government institutions, the same kinds of technology, and the same ways of raising public funds. Over the past decade and more, Mexico has been trying to improve its fiscal capacity and has found <i>some</i> success. The Mexican government <i>wants</i> to capture its proper share (however defined), through taxation, of as much of the country's economic activity as possible. The <i>factura</i> system is not helping; it is counterproductive. It multiplies transactions (<i>facturas</i> on top of <i>tickets</i>) and interactions (creating that connection, for instance, between the university and the restaurant), each unnecessary one creating opportunities for mistakes, fraud, and other trouble. It actively discourages the payment of taxes and actively encourages Mexicans to try to get around SAT. It should be ditched and replaced with one in which simple <i>tickets</i> do the job that <i>facturas</i> supposedly do now. Not only would doing so make my life, the lives of my friends at Mexican universities, and the lives of countless restaurant managers and business owners and most Mexicans easier, but it would also vastly increase the efficiency of the country's tax collection—bringing billions of pesos into state coffers every year.</p><p>There are reasons why the <i>factura</i> system exists that I suspect (although I could be wrong) lie in multiple layers of bureaucratic tradition going back to colonial times and Spanish state construction. I am sure it is deeply embedded in Hacienda's DNA, and conducting a genealogy of the whole thing would surely bring fascinating results. If only because of this embeddedness, the <i>factura</i> would not be easy to eliminate. In addition, the task of replacing it well would be daunting, but it does not mean the country would be unable to do so.</p><p>Having already noted that Mexico's fiscal capacity has improved over the last decades, I should make allowances for the possibility that <i>factura</i> reform and tinkering—including the digitization of the system in 2014—have contributed to that improvement. The current system could then be seen as Janus-faced—improving and worsening the situation at the same time, perhaps a transitional regime that strengthens somewhat the state's digital and fiscal capacity while continuing to enable Mexicans to evade a portion of their tax bill.</p><p>Ultimately, SAT already tracks and registers hundreds of millions of economic actors (people and businesses) and billions of transactions every year, but it also misses vast amounts of transactions because of the size of the country's informal economy, which the <i>factura</i> system boosts artificially. What I am thinking of, based on my Canadian experience, is a deepening of the granularity the Mexican government already practices while eliminating something—the <i>factura</i>—that probably started as a Band-Aid and became a parasite that draws resources away from its host.</p><p><b>6.</b></p><p>I shall close these remarks by situating them in the context of the contemporary social theory that informs them. If you have no time for theory, you have my leave to stop reading here.</p><p>It is not by accident that I am linking my very personal, micro experience with <i>facturas</i> to the macro capacities—fiscal and otherwise—of the Mexican state. More deeply, the state's global ability and ambition to reach systematically into individual lives, including their every economic transaction, is a fundamental feature of how modern, capitalist society works. States fail at this task, of course, as they never capture every transaction or activity they might target. Yet, failure is a matter of degree, which is another way of saying that success is a matter of degree.</p><p>We can understand this dynamic as a systemic partnership between state and capital, underpinning the functioning of both the capitalist economy and the politics of popular sovereignty. Michel Foucault's concepts of <i>biopower</i> and <i>governmentality</i><sup>9</sup> capture this whole story. In this perspective, “we the people” are possible and operationalized as a collective subject only to the extent that we as individual members are identified and counted, enabling us in turn to act as individual and collective political subjects; we are, at one and the same time, individual citizens (unless we are excluded as noncitizens) and whole populations. This is the sense in which biopower encompasses the life of the individual and the life of the population—ultimately, the life of the species. What we think of as our political freedoms and rights function within and are made possible by this very configuration of power.</p><p>The same goes for us as individual economic actors, whether in our guise as workers and producers, sellers and buyers, and so on. Our economic practices are framed and function within finely grained parameters that enable us as economic actors and are established jointly by capital and the state, subject to variable political pressure “from below.” These practices also channel resources to the state, enabling government to carry out its tasks—however such tasks may be defined. Whether roads are well built, and high-quality health services are publicly funded, or the security sector is favored at the expense of other public priorities, or vast amounts of public funds are corruptly channeled to regime-affiliated networks, all depend on resources first making their way to government coffers.</p><p>We, all of us (variously) in every country on the planet, live in ever more finely meshed grids of “power/knowledge,”<sup>10</sup> where <i>intelligibility</i> and <i>governability</i> are flip sides of the same coin. How we <i>understand</i> ourselves, for instance as “citizens” or “consumers” or “workers” or “asylum seekers” or whatever; and how our lives are <i>governed</i>—by ourselves, by our communities, and by law—are fundamentally inseparable. Such is the modern realm of governmentality, which is to say that power operates through the government or management of populations and individuals, including through the making of particular kinds of individuals. If we think of ourselves as “taxpayers,” for instance, or as chronic tax evaders, it will not be unrelated to how we behave as economic and political actors. Indeed, as we think and act our way through this world, we not only comply; we also resist. Even as we see ourselves as taxpayers, we may push back on our government's use of its tax income; tax evasion may be construed as tax resistance anchored politically, and so on.</p><p>All this practice of government happens through the creation and operation in our everyday lives of particular mechanisms, procedures, and technologies, including such things as value-added taxes and <i>facturas</i>, the tax registration numbers issued by fiscal authorities to individuals and organizations, the Excel sheets and specialized software that record individual transactions and relevant amounts, the electronic machines that capture payments and send them to the Excel sheet, and so on.</p><p>In this big picture, Mexico's <i>factura</i> is a very peculiar beast. The stated purpose of its existence is twofold—on the one hand, it aims to discourage the kind of fraud and money laundering that happen through claims for expenses that may be nonexistent or smaller than the amount claimed; on the other hand, it is meant to enforce rules regarding the “claimability” of expenses reported to SAT (for instance, alcoholic beverages are not claimable). The <i>factura</i> is meant, then, to reinforce the application of the rule of law in the everyday life of ordinary economic transactions, to deepen Hacienda's reach into every nook and cranny of economic life, and to bring <i>factura</i>-seeking Mexicans to think of themselves as obedient followers of the Hacienda rule book—all of it united in undermining both dimensions of the informal economy.</p><p>To the extent that the formal and informal economy grow and shrink in an inverse relationship, it stands to reason that the <i>factura</i> system would seek to bolster the former. It was explicitly designed as a technology of power and is regularly tinkered with to do just that. The problem is that in a whole range of activities, the <i>factura</i> system is plainly dysfunctional—sellers do all they can to avoid providing <i>facturas</i>, buyers scheme to have them tailored to requirements no matter the actual expense involved, and a vast number of transactions just go uninvoiced, un<i>factura</i>-ed. In complementary ways, sellers suffer from this system, as do buyers, as does Hacienda. Mexicans understand as a matter of course that <i>facturas</i> are not an inherent part of economic transactions but rather an artificial and burdensome fiscal instrument that is best avoided as often as possible.</p><p>Rather than bolstering the official economy and the state, the <i>factura</i> undermines them by inducing Mexicans to avoid <i>facturas</i> and to think of themselves as Hacienda-avoiding economic, social, and political subjects. Mexicans resist the <i>factura</i>, seeking to help themselves while keeping at bay a state they do not trust.</p><p>As I was finishing one of my last meals in Mexico this summer—a meal that was not subject to reimbursement—I asked for the bill. I was surprised when the server asked, “would you like a <i>factura</i> with that?” I took a moment to absorb this question and answered, “oh…thanks, but no.”</p>\",\"PeriodicalId\":42501,\"journal\":{\"name\":\"Latin American Policy\",\"volume\":\"14 4\",\"pages\":\"638-648\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2023-11-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lamp.12323\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Latin American Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/lamp.12323\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"POLITICAL SCIENCE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Latin American Policy","FirstCategoryId":"1085","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/lamp.12323","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
引用次数: 0
摘要
乔卢拉,普埃布拉,墨西哥,20231年7月。这是一个关于我们日常生活中最小的行为和互动如何被最大的系统所包围的故事,这些系统引导着社会世界的能量——这些系统有它们的逻辑,但在不同的时刻,可能会弄巧成拙。在餐厅用餐结束时索要账单,叫一辆优步,和朋友抱怨那些不必要地把你的生活复杂化的精打细算者,试着决定你是否应该在吃玉米饼的时候喝杯啤酒——尽管这些情况微不足道,但它们参与了我们这个世界最广泛的社会、政治和经济潮流。比如说,作为你工作的一部分,你在墨西哥花费的钱应该由当地机构报销。你可能是墨西哥人,也可能是像我一样的外国人。这没什么区别。这个机构可能是雇主或组织,他们会支付旅行费用,以换取其他免费的讲座或咨询等等。事情很快就会变得复杂起来,你会得到一个关于墨西哥公共财政错综复杂的教程。这种情况可能看起来平庸乏味,但事实并非如此;它提供了一个揭示国家在经济、社会和政治发展中面临的一些困难的基层窗口。墨西哥并不是唯一面临这些困难的国家,但每个国家都有自己的挣扎方式。正如列夫·托尔斯泰在《安娜·卡列尼娜》中对家庭的描写:“……每个不幸的家庭各有各的不幸。”在税收等问题上,很难找到一个真正幸福的国家。在经济合作与发展组织(OECD)的38个成员国中,墨西哥的财政能力是最糟糕的,2021年的财政能力占国内生产总值(GDP)的16.7%,与2005年的11%相比,这是一个显著的改善。其他成员国中唯一低于20%的是哥伦比亚,为19.5%广义上讲,财政能力是指政府产生收入的能力,而政府产生收入的主要手段是征收各种税收。没有人喜欢税收,但是没有税收,资本主义经济中的政府将无法运转一个政府要想有机会制定能够在改善人民生活方面发挥积极作用的计划,就需要一个健康的税收基础——强大的财政能力。它可能会通过浪费、效率低下、腐败或其他方式浪费掉这个机会,我们将看到这种担忧在墨西哥的困境中起着一定的作用,但没有收入,政府甚至不可能腐败。对于像墨西哥这样的国家来说,财政能力的一个重要方面是其“非正式”或“地下”经济的规模。非正规经济是指逃避官方监督、监管和税收的经济活动。非正规经济规模越大,从未实现的税收潜力就越大。无论我们来自哪里,我们都熟悉这个现实——没有一个国家能完全摆脱非正规经济,但其相对规模和绝对规模差异很大。非正规经济的一个方面是完全非法的。想想毒品贩运从生产到消费链条的全过程,很容易看出为什么参与者想要对政府隐瞒他们的活动。另一个层面涉及的经济活动,虽然在其他方面是合法的,但却对政府隐瞒,以避免纳税。它降低了买方(这是显而易见的)和卖方的交易成本,卖方有更好的机会完成交易,避免了官僚主义的麻烦和管理税收并将其移交给相关公共当局的经济成本。零工经济给这幅图景增添了一些波澜,因为许多优步(Uber)司机和Airbnb房东(仅举这两家行业领先的公司为例)经营着未经注册的业务。我们将看到这种情况如何影响我所描述的情况。非正规经济的这两个方面在墨西哥的总体经济活动中占很大一部分。它固有的犯罪一面永远不会对国家的财政能力做出贡献……除非它全部或部分停止违法。至于其合法但逃税的方面,政府(很容易被认为是整个社会)有强烈的动机减少其规模——将尽可能多的活动纳入纳税类别,从而加强财政能力。实现这一目标是财政当局的任务。在墨西哥,相关的公共机构将是Secretaría de Hacienda y cr<s:1> dito Público(简称Hacienda)及其税收部门Administración Tributaria (SAT)。庄园和SAT可能是他们自己最大的敌人。假设你在一家餐馆吃饭。当你要账单时,你会得到一张票,这在墨西哥通常被称为“票”——你吃了什么喝了什么。 如果你用借记卡或信用卡付款,你会收到一张信用卡交易的收据。在我所在的加拿大,如果这顿饭可以算作专业费用,我可以提交这些文件(比如我的大学)作为费用证明,在允许的范围内报销。在加拿大和墨西哥,门票上都有政府颁发的餐馆财政识别号码。在加拿大,门票的交易信息,包括从我这里收取的税额,会通过政府授权的专门软件自动进入餐厅的计算机数据库。销售点(POS)数据库必须定期向相关财政部门报告,5同时缴纳相应的销售税金额。我们将看到,在墨西哥,政府无法直接访问POS信息,这是一个很大的问题。在我的例子中,在加拿大交易链的另一端,大学保留了可以提交给加拿大税务局(CRA)的文件,如果被要求,以换取对我的报销。这种情况的关键特点是,加拿大的税务申报是系统化和自动化的——每笔交易一旦进入餐馆(或其他企业)的支付系统,就会自动进入必须向CRA报告的数据库。这份报告附带一张支票,或者现在的银行转账。有些业务量不大的企业不需要购买专门的纳税申报计算机硬件和软件,他们可以手工记录和报告交易。他们还会在短时间内接受税务审计。有一些方法可以通过现金支付和没有任何纸张或电子记录(非正式经济)来避开这个系统,而餐馆在寻找隐藏交易的方法方面是出了名的有创造力。在这个领域,就像在社会生活的其他方面一样,不是“是”或“否”、“全或无”的问题,而是“多或少”的问题。不过,在大多数经济领域,这是一种负担沉重、风险很大、往往会弄巧成拙的策略,不值得卖方付出努力。从买方的角度来看,走非正式的现金路线也可能有风险,因为购买将不包括保修,政府的消费者保护制度或各种保险。加拿大故事的另一个重要方面是,这家餐厅和我的大学没有任何关系;我实际上是一个中间人,与双方都有经济关系,而他们在经济上彼此都是陌生人。同时,我们与CRA的关系各不相同。换句话说,不同参与者之间的交互被保持在最低限度,减少了错误、延迟、欺诈等的机会。这一点很重要。如果你在墨西哥,你希望你的寄宿大学用餐馆的账单、卡片收据或两者都要来报销一顿饭,你很可能不走运。我说"最有可能"是因为在墨西哥人的生活中很少有事情是一成不变的。很多时候,“不”只是一些人的开场白,因为他们不希望“是”会引发麻烦,或者他们可能不知道如何说“是”,也不想麻烦地去寻找答案。我们稍后会回到这一点。就目前而言,按照SAT的规定,学校会要求餐厅出示成绩单。餐厅要想发行这张支票,需要校方的财务信息。许多餐馆都有一名工作人员专门负责付款并最终提供服务。我最近在墨西哥一所大学做了几个星期的客人,经历了这种系统。这是我的任务,通常在我吃完饭要账单的时候,我的任务是要factura,并向餐馆提供学校的财政信息。过去的做法是携带并提供一张类似名片的东西,上面写着学校的相关信息,现在这种做法仍然存在,但自从2014年的制度改革中引入了“电子名片”以来,电子版本的“名片”越来越受欢迎,经常在WhatsApp上交换。这项重要的改革在系统中引入了一个新的参与者,即被称为工厂的大公司,SAT将工厂的排放外包给这些公司,这是将国家职能分包给私营部门的典型新自由主义举动。毫不奇怪,从他们的特权地位中获得巨额利润的制造商在系统的运行中有他们自己的利益,这些利益可能与SAT或系统用户的利益一致,也可能不一致。因此,factura是一个详细的发票,其中包括(在本例中)餐厅和大学的法律和财务信息。 从广义上讲,它还包括已经发生的费用类型——一顿饭通常会被列为食品、饮料、食品和饮料。要求包含在该要素中的财务信息非常具体,并且可能会发生变化。在两周的时间里,我多次被告知Hacienda刚刚收紧了规则,要求提供更多信息。令人惊讶的是,大学和餐厅在需要哪些信息方面并不总是意见一致。在任何情况下,没有工厂就没有报销,也没有从餐厅到SAT的纳税报告。因此,没有税款流向SAT。情况比我刚才说的要复杂一些,我花了一些时间才弄明白这个问题。我刚开始在用餐结束时索要小费时,有人告诉我,餐馆不喜欢发放小费,因为这会触发向国家税务总局(SAT)报告,然后向他们的客户支付销售税。没有工厂,没有纳税——这家餐馆的动机似乎很明显。然后,我开始注意到我的票上有餐馆的财政登记号码和我支付的金额的销售税线。有了所有门票上的这些重要信息,SAT似乎不太可能只收取客户要求提供的少量餐厅餐点的销售税。让人匪夷所思的是,企业向SAT缴纳的销售税竟然是由客户的请求触发的。我越想越觉得不太有道理。这个谜的答案是相当模糊和复杂的,而且相当平凡。让我在一位朋友的帮助下稍微解释一下,这位朋友曾近距离观察过小企业是如何驾驭这一体系的事实上,餐馆——在其他行业中,但我将坚持我的例子——必须在每天结束时向国家税务总局报告他们的收入和营业税的征收情况。它是通过以一般公众的名义发布的汇总通知来完成的。向SAT支付的销售税是根据工厂报告的金额支付的。当像我这样的人要求单独收费时,其金额预计会从餐厅的总收费中扣除;从SAT的角度来看,系统工作的最大问题是,总分数是根据SAT无法访问的门票计算出来的。在计算其日常交易以准备其总收入时,企业可以将其部分票据删除,并向国家税务总局提供剩余部分票据的信息和税收收入。后者必须保留,以防审计,但SAT没有办法知道一些(或许多)票丢失了。然后,该企业将从消失的彩票中获得的税款收入收入囊中。尽管如此,它必须谨慎地报告收入(以及转移税额),使其在一段时间内具有合理的可信度和一致性,以避免引发SAT审计师的怀疑。如果要对一家小餐馆进行审计,很可能会采取检查员上门检查的形式,并说“让我看看你的系统”之类的话。然后,企业主可能会谨慎地提供一笔捐款——比如说——检查员的非正式养老基金,从而确保一个令人满意的审计结果——这是一个典型的mordida案例,几代人以来,墨西哥的许多社会和经济交易都受到了腐败行为的影响。使用factura系统,企业将销售税金额转移到SAT,但他们可能只转移他们收取的金额的一部分,由于销售点与SAT的税收报告和征收没有联系,这种情况成为可能。通过“消失”一定数量的门票,许多企业不仅隐藏了他们收取的销售税,而且还隐藏了他们收入的很大一部分。这一事实必须被平衡——同样,出于纳税申报的目的——通过隐藏他们开支的很大一部分。在财政年度结束时,收入和支出之间必须存在某种可信的平衡。要做到这一点,单个企业可以使用自己的数字,也可以在企业之间进行合作。企业可能会给那些同意不要求做美甲的顾客提供折扣,或者让那些坚持做美甲的顾客的日子更难过——这是一种双面版的美甲。从一个行业到另一个行业,这些动态贯穿整个国家的经济,为其地下成分做出了很大的贡献。从商业的角度来看,个别工厂的生产在几个方面存在问题。如果他们的数量和金额看起来与总factura金额不成比例,他们就有可能引起SAT的注意。 在更日常的层面上,企业通过几个渠道排放的每个工厂都要花钱——实际上,企业必须从工厂购买每个工厂;必须聘请会计师来处理和管理税收流动;工作人员不得不花时间生产工厂,等等。对于像许多咖啡馆和餐馆这样的小型企业来说,这些成本很容易变得令人望而却步。SAT明智地认识到这一事实,并为最小的企业提供了一个“简化”计划,其中他们必须支付收入的2.5%的固定税率。这对这些企业有潜在的帮助,对SAT来说也很方便,因为SAT一直没有兴趣投入资源来监管这些小玩家。让我们回到日常生活的本质,记住,由于没有人喜欢纳税,刚刚概述的系统为餐馆(或其他企业)创造了一个强大的动机,以避免发出个人工厂。在大学方面,他们的动机是要求我达到尽可能高的SAT合规标准,而企业可能有能力,也可能不愿意达到这个标准。这样做可以最大限度地减少对大学不利的审计的风险,正如它可以最大限度地减少大学审计长办公室开展的工作的数量和难度一样。这也把责任推给了我和一线管理人员,他们帮助我管理费用和报销,提供每一份可能的文件。最终,几份报销申请将被拒绝,我将独自承担责任——除非我的赞助人(邀请我的同事)因他们机构的阻挠而感到尴尬,最终在没有告诉我的情况下自掏腰包。就大学而言,这种设置非常方便。从我的例子来看,底线是,一方面,企业被激励低估他们在一天结束时生产的批量产品,欺骗了SAT潜在收入的一些重要部分。另一方面,在墨西哥的大多数餐馆用餐和许多其他经济交易中,不要求也不提供小费。我们很快就会看到,即使提出了请求,它也可以很容易地中止,这就是有趣的地方。你可能会认为,我终于进入了我的冒险之旅。说你正在寻找一个地方停留在你的访问,将被允许报销。只要你做了适当的调查,事情就会变得很简单;把Airbnb从你的选择列表中划掉,因为房东通常没有在SAT注册。他们不为自己的租金收入纳税,所以他们无法出具factura。爱彼迎公司将很乐意为它的租金分成——它的佣金——发行一张,但你的大部分成本将由你来承担。那就别想了,去酒店住吧,酒店当然会给你发机票,你还要付额外的住宿税。然后,你需要从酒店到大学。在这里,困难正好相反——如果你坚持,出租车会很乐意给你一张普通的收据,但他们不会给你开罚单。另一方面,如果你有Hacienda的个人税务登记号码,优步会很乐意为你提供服务,当然,我没有。我最终了解到,也许有一种方法可以解决这个问题,那就是将学校的财务信息插入我的优步个人资料中,但我必须提前在加拿大的家里这样做,因为我无法在国外运行应用程序的双因素识别。我们找不到解决这个问题的办法,所以我使用了优步(Uber),并将收据通过电子邮件发送给了四面楚歌的管理员,谁也不知道结果会如何。这是任何人的猜测,因为并不完全清楚审计长办公室的指示是否像看起来那样不可协商;“普通收据不报销”这句话可能只是一个开场白,目的是让审计长过得轻松些?谁知道呢?当然,你还得吃饭,还要处理餐馆的工厂管理系统。我在这里想到的是他们处理事实请求的社会系统,而不仅仅是技术上的sat指导的社会系统,许多这样的社会系统的第一个目的是避免提供事实。有一次,我在用餐结束时收到的机票上有一行字,要求在点菜时提出要求。显然,那艘船已经启航了。在许多其他情况下,还有另一种问题:像加拿大一样,大学不希望或不允许报销酒精饮料。bebida(饮料)可以是咖啡或橙汁,也可以是葡萄酒、啤酒或龙舌兰酒。我代表学校的审计长向我明确表示,如果学生提到了bebidas,将不会得到任何赔偿。 似乎没有这样的人在那里工作。然后我要求找经理——不管那个人叫什么名字——然后被带到一张桌子上等他。几分钟后他出现了,我讲了我的故事,他说:“没问题。”我又一次坚持不做任何龌龊的事,这一点他完全明白。我们走向他的电脑,我在他身后看着。他花了大约15分钟的时间访问文件(慢速系统),输入信息,然后打印图……当然,图上写着“alimentos y bebidas”。当我向他指出这一点,(友好地)重复说这样的文件对我没有用处时,他叹了口气,说他会修好的。首先,他无法在电子表格上找到单独的食品选项,但最终还是找到了。然后,他试图取消SAT网站上的第一个factura,结果被卡住了。屏幕上的死亡转轮不会消失。他试了又试。随着时间的流逝,我借此机会向他指出了第一次“帮助”我的初级经理,他现在离我们有一段距离。我的男人耸了耸肩,在打印出畸形的趾甲后,他继续尝试了大约45分钟。通常情况下,我会早点结束他的痛苦,但现在我完全进入了事实调查模式。如果可能的话,我想坚持到底,但我越来越饿了——如果没有积极的解决办法,我不会再去那里吃了。最后,我告诉他放弃死亡的纺车,感谢他的努力,然后离开了,口袋里装着一个无用的骨裂……而且非常饿。当然,所有这些毫无意义的努力都是第一个人忽略了跟进我的骨折请求的结果。我可以继续说下去,因为在两周的时间里,我几乎每顿饭都需要一个factura请求,这引发了一些戏剧性的变化。但我想你已经明白了。根据法律规定,墨西哥企业有义务应要求提供工厂。这个故事值得注意的一点是,没有人需要工厂——卖家不需要,买家不需要,SAT也不需要。随着最新的电子设备将交易录入企业数据库,分项账单(可能标记为“已全额付款”)应该是所需的所有费用证明,然后可以将其转交给税务人员。当然,未记录的现金交易将逃过这一系统,但无论如何,现在还没有针对这类交易发行合约。有人可能会反对我在这里概述的广泛论点,因为我将“北方”标准应用于一个不是“北方”的国家的经验和做法。原则上,用加拿大的尺度来评判墨西哥应该是一件错误的事情。有些人会说,实事求是地说,不能指望墨西哥与各种先进的资本主义做法相匹配。我对这种担忧很敏感,因为我通常对通常被称为“西方”(或“北方”的某种变体)的文化帝国主义持批评态度。在这种情况下,我认为用这种方式来看待骨裂系统是正确的。的确,在我看来,在这里说不能期待墨西哥不仅低估了该国的能力,而且也是出于一种种族主义。墨西哥将能够部署最先进的系统来处理增值税,就像在加拿大看到的那样。尽管墨西哥不是一个“高收入”国家,尽管它面临着过去被称为发展中国家的特有困难,但它的国家制度和经济以技术先进的方式运作,而且作为一个拥有1.2亿人口的国家,它在很大程度上参与了当今全球化和信息技术饱和的世界。墨西哥的机构,无论是私人的还是公共的,都在运行与加拿大和其他地方相同的大型软件系统。数以千万计的墨西哥人、个人和各种规模的组织都在使用Excel和类似的程序。使用目前的电子工厂系统,即使是非常小的企业也需要在每个工作日结束时,应个别工厂的要求,通过互联网连接到发出工厂的工厂。这些小企业已经承担了连接互联网、购买机器、获得簿记员或会计服务等费用。与此同时,还有数千万墨西哥人太穷,无法获得任何数字技术,无数的小型非正规企业只使用现金运营。无论庄园如何更有效地在经济活动中占有一席之地,它都将错过所有这些群体。它不需要做的是将更多的交易推入避税区。从广义上讲,墨西哥和加拿大在同一个资本主义经济世界中运作,拥有相同的政府机构,相同的技术,以及相同的筹集公共资金的方式。 在过去的十多年里,墨西哥一直在努力提高其财政能力,并取得了一些成功。墨西哥政府希望通过税收,尽可能多地从国家经济活动中获得适当的份额(无论如何定义)。按摩系统没有帮助;这是适得其反的。它增加了交易和互动(例如,在大学和餐馆之间建立联系),每一个不必要的交易都为错误、欺诈和其他麻烦创造了机会。它积极地阻止纳税,积极地鼓励墨西哥人试图避开SAT。它应该被抛弃,代之以一种简单的票来代替工厂现在应该做的工作。这样做不仅会让我的生活、我在墨西哥大学的朋友们的生活、无数餐馆经理和企业主的生活以及大多数墨西哥人的生活更轻松,而且还会极大地提高国家税收的效率——每年为国库带来数十亿比索的收入。我怀疑(尽管我可能是错的),这一体系存在的原因在于可以追溯到殖民时代和西班牙国家建设的多层官僚传统。我相信它深深植根于庄园的DNA中,对整个庄园进行系谱分析肯定会带来令人着迷的结果。如果仅仅因为这种嵌入性,骨折就不容易消除。此外,取代它的任务将是艰巨的,但这并不意味着该国将无法做到这一点。我已经注意到墨西哥的财政能力在过去几十年里有所提高,我应该考虑到结构性改革和修补的可能性——包括2014年系统的数字化——对这种改善做出了贡献。目前的制度可能会被视为两面两面——在改善和恶化情况的同时,也许是一个过渡制度,在一定程度上加强了国家的数字和财政能力,同时继续使墨西哥人逃避部分税收。最终,SAT已经追踪并登记了每年数以亿计的经济参与者(个人和企业)和数十亿笔交易,但由于该国非正规经济的规模,它也遗漏了大量交易,而非正规经济是由制造业系统人为推动的。根据我在加拿大的经验,我的想法是深化墨西哥政府已经在实施的粒度,同时消除一些东西——裂缝——这可能是从创可贴开始的,后来变成了寄生虫,从宿主那里吸取资源。我将通过把它们置于当代社会理论的背景中来结束这些评论。如果你没有时间理论,我允许你在这里停止阅读。我将我非常个人的、与工厂有关的微观经验与墨西哥政府的宏观能力(财政和其他方面)联系起来,这并非偶然。更深刻地说,国家系统地介入个人生活(包括他们的每一笔经济交易)的全球能力和野心,是现代资本主义社会运作的一个基本特征。当然,各州无法完成这项任务,因为它们从未捕捉到它们可能针对的每一笔交易或活动。然而,失败是程度的问题,这是成功是程度问题的另一种说法。我们可以将这种动态理解为国家和资本之间的系统性伙伴关系,支撑着资本主义经济和人民主权政治的运作。米歇尔·福柯(Michel Foucault)关于生物权力(biopower)和政府管理(governmentality)的概念抓住了整个故事。从这个角度来看,“我们人民”作为一个集体主体是可能的和可操作的,只有当我们作为个人成员被识别和计算,使我们反过来作为个人和集体的政治主体;我们既是独立的公民(除非我们作为非公民被排除在外),又是全体人民。从这个意义上说,生物权力既包括个人的生命,也包括群体的生命——最终是整个物种的生命。我们所认为的政治自由和权利在这种权力结构中发挥作用,并通过这种权力结构使之成为可能。同样的道理也适用于作为个体经济行为者的我们,无论是伪装成工人和生产者,卖方和买方,等等。我们的经济实践是在精细的参数中构建和运作的,这些参数使我们成为经济参与者,由资本和国家共同建立,受制于“来自下面”的各种政治压力。这些做法还将资源引向国家,使政府能够执行其任务——无论这些任务如何定义。 无论道路是否修建得很好,高质量的医疗服务是否由公共资助,或者安全部门是否以牺牲其他公共优先事项为代价得到支持,或者大量公共资金是否被腐败地输送到与政权有关的网络,所有这些都取决于资源是否首先进入政府的金库。我们,这个星球上每个国家的所有人(不同程度),都生活在越来越精细的“权力/知识”网格中,在这个网格中,可理解性和可治理性是同一枚硬币的两面。我们如何理解自己,比如“公民”、“消费者”、“工人”、“寻求庇护者”等等;我们的生活是如何被我们自己、我们的社区和法律所支配的,这在根本上是不可分割的。这就是现代治理领域,也就是说,权力通过政府或对人口和个人的管理来运作,包括通过塑造特定类型的个人。例如,如果我们认为自己是“纳税人”,或者是长期逃税者,这与我们作为经济和政治参与者的行为方式不无关系。事实上,当我们在这个世界上以自己的方式思考和行动时,我们不仅服从;我们也会反抗。即使我们把自己看作是纳税人,我们也可以反对政府使用税收收入;逃税可以被解释为政治上的税收抵制,等等。所有这些政府实践都是通过在我们的日常生活中创造和操作特定的机制、程序和技术来实现的,包括增值税和营业税、财政当局向个人和组织发放的税务登记号码、记录个人交易和相关金额的Excel表格和专门软件、捕捉付款并将其发送到Excel表格的电子机器等等。在这幅大图画中,墨西哥的factura是一只非常奇特的野兽。它存在的目的有两个:一方面,它的目的是防止欺诈和洗钱,这些欺诈和洗钱是通过报销可能不存在或少于报销金额的费用而发生的;另一方面,它是为了执行关于向国家税务总局报告的费用的“可索赔性”的规则(例如,酒精饮料是不可索赔的)。因此,factura的目的是加强法治在日常经济交易中的应用,将Hacienda的触角深入到经济生活的每个角落和裂缝,并使寻求factura的墨西哥人认为自己是Hacienda规则手册的忠实追随者——所有这些都联合起来破坏了非正规经济的两个方面。在某种程度上,正规经济和非正规经济的增长和萎缩呈反比关系,因此,制度理应寻求支持前者。它被明确地设计为一种权力技术,并经常被修改以达到这一目的。问题在于,在整个活动范围内,分账系统显然是不正常的——卖方尽其所能避免提供分账,买方计划根据需求量身定制分账,而不管实际涉及的费用是多少,大量的交易只是没有开发票,没有分账。以互补的方式,卖方、买方和Hacienda都受到了这种制度的影响。墨西哥人理所当然地理解,税不是经济交易的固有组成部分,而是一种人为的、繁重的财政工具,最好尽可能经常避免。而不是支持官方经济和国家,factura通过诱导墨西哥人避免factura和认为自己是庄园回避经济,社会和政治主体来破坏他们。墨西哥人抵制factura,寻求帮助自己,同时让他们不信任的国家陷入困境。今年夏天,我在墨西哥吃完最后一顿饭——一顿没有报销的饭——我要了账单。当服务员问我:“你想要一个按摩吗?”我很惊讶。我花了一点时间思考这个问题,然后回答说:“哦……谢谢,但是不行。”
Aventuras con facturas: Notes on some of Mexico's self-inflicted fiscal wounds
Cholula, Puebla, Mexico, July 2023
1.
This is a story of how the smallest actions and interactions in our daily lives are enmeshed in the largest systems that channel the social world's energies—systems that have their logic but that, at various junctures, just might be self-defeating. Ask for the bill at the end of a restaurant meal, call an Uber, grumble with a friend about the bean counters who are complicating your life unnecessarily, try to decide if you should be having a beer with your tacos—as tiny and mundane as these situations are, they participate of our world's broadest social, political, and economic currents.
Say that, as part of your work, you are spending money in Mexico that a local institution is supposed to reimburse. You may be Mexican, or you may be a foreigner like I am. It makes no difference. The institution may be an employer or an organization that will pay travel expenses in exchange for an otherwise unpaid lecture or consultation—or something. It is going to get complicated fast, and you are going to get a tutorial in the intricacies of Mexico's public finances.
This situation may seem banal and boring, but it is not; it provides a revealing, ground-level window into some of the difficulties the country faces in its economic, social, and political development. Mexico is hardly alone in these difficulties, but every country has its own way of struggling. As Leo Tolstoy wrote about families in Anna Karenina, “… each unhappy family is unhappy in its own way.”1 When it comes to taxes and such, it is hard to find a truly happy country.
Mexico is plagued with the worst fiscal capacity among the 38 member countries of the Organisation for Economic Co-operation and Development (OECD), at 16.7% of gross domestic product (GDP) in 2021—a marked improvement from 2005, when it was just over 11%. The only other member country that is at less than 20% is Colombia, at 19.5%.2 Broadly speaking, fiscal capacity refers to a government's ability to generate revenues, and the primary means to do so is the levying of taxes of various kinds. Nobody likes taxes, but without them, a government in a capitalist economy will be unable to function.3 For a government to have a chance to enact programs that will play some dynamic part in improving the lives of people, it needs a healthy tax base—strong fiscal capacity. It may squander that chance through waste, inefficiency, corruption, or in other ways, and we will see that this concern plays a part in Mexico's quandaries, but without income, a government cannot even be corrupt.
One of the important flip sides of fiscal capacity for a country like Mexico is the magnitude of its “informal” or “underground” economy. The informal economy is that slice of economic activity that escapes official supervision, regulation…and taxes. The bigger the informal economy, the more potential the tax revenue that never materializes. No matter where we are from, we are all familiar with this reality—no country escapes the informal economy completely, but its relative and absolute size vary greatly.
One dimension of the informal economy is outright illegal. Think of drug trafficking from beginning to end of the production–consumption chain and it is easy to see why its participants want to hide their activity from government. Another dimension involves the kind of economic activity that, while otherwise legal, is hidden from government to avoid paying taxes. It reduces the cost of the transaction to the buyer (as is obvious) and to the seller, who has a better chance of making the sale and avoids the bureaucratic hassle and economic cost of administering the tax and passing it on to the relevant public authority.4
The gig economy adds its own wrinkle to this picture as many Uber drivers and Airbnb hosts (to pick just these two sector-leading companies) run unregistered operations. We will see how this scenario plays into the situation I am describing.
Both dimensions of the informal economy account for a large chunk of economic activity in general in Mexico. Its inherently criminal side will never contribute to the state's fiscal capacity…unless it stops being illegal in whole or in part. As for its legal-but-tax-evading dimension, governments (and, it could easily be argued, society in general) have a strong incentive to reduce its size—to bring as much of that activity as possible into the tax-paying category, thereby strengthening fiscal capacity. It is the task of fiscal authorities to make it happen.
In Mexico, the relevant public authority would be the Secretaría de Hacienda y Crédito Público —Hacienda for short—and its tax collecting arm, the Servicio de Administración Tributaria (SAT). Hacienda and SAT can be their own worst enemy.
2.
Say you eat a meal in a restaurant. When you ask for the bill, you will get a ticket, as it is often called in Mexico—the itemized bill for what you ate and drank. If you pay with a debit or credit card, you will be offered a receipt for the card transaction. In Canada, where I am from, if this meal can count as a professional expense, I can submit these documents (for instance, to my university) as proof of expense, and I will be reimbursed to the extent that I spent within the permitted parameters.
In both Canada and Mexico, the ticket includes the restaurant's fiscal identification number issued by the government. In Canada, the ticket's information on the transaction, including the amount of tax collected from me, goes automatically into the restaurant's computer database through specialized software mandated by government. This “point-of-sale” (POS) database must be reported periodically to the relevant fiscal authority,5 along with payment of corresponding sales tax amounts. We will see that in Mexico, the government has no direct access to the POS information, which is hugely problematic. At the other end of the Canadian chain of transactions in my example, the university keeps the documentation that it can present to the Canada Revenue Agency (CRA), if asked, in exchange for its reimbursement to me.
The crucial feature of this situation is that the tax reporting in Canada is systematic and automatic—as soon as each transaction is entered into the restaurant's (or other business') payment system, it automatically goes into a database that must be reported to the CRA. With the report goes a check, or these days, a bank transfer. There are businesses with a small volume of transactions that do not justify the purchase of the specialized tax-reporting computer hardware and software, and they are allowed to record and report the transactions manually. They are also subject to tax audits at short notice.
There are ways to avoid this system through cash payment and the absence of any paper or electronic trail—the informal economy—, and restaurants are notoriously creative in finding ways to hide transactions. In this area as in everything else about life in society, it is not a matter of yes or no, all or nothing, but rather of more or less. Still, in most economic sectors it is a burdensome, risky, and often self-defeating gambit, not worth the seller's effort. From the buyer's perspective, it can also be risky to go the informal cash route as the purchase will not be covered by warranty, the government's consumer protection system, or various kinds of insurance.
Another important aspect of the Canadian story is that the restaurant and my university do not have any kind of relationship; I am literally the middleman, having an economic relationship with both sides while they remain an economic stranger to each other. Meanwhile, we each have our own relationship with the CRA. In other words, the interactions between the various players are kept to a minimum, reducing the opportunities for mistakes, delays, fraud, and so on. This point is important.
If you are in Mexico and you expect your host university to reimburse a meal in exchange for the restaurant's itemized bill, card receipt, or both, you are most likely out of luck. I say “most likely” because few things in Mexican life are cut and dried. Very often, “no” is only an opening gambit on the part of someone who does not want the hassle that “yes” would trigger, or who may not know how to get to “yes” and does not want to go to the trouble of finding out. We will come back to this point later.
For now, as a rule…the university, following SAT rules, will require a factura6 from the restaurant. The restaurant, to issue it, will require the university's fiscal information. Many restaurants have a staff member dedicated to obtaining payment and eventually providing the factura. I recently experienced this system when I was a guest of a Mexican university for a few weeks. It was my task, typically when asking for the bill at the end of my meal, to ask for the factura and to provide the restaurant with the university's fiscal information. It used to be done by carrying and providing something like a business card with the university's relevant information, which still happens, but since the “electronic factura” was introduced in a 2014 reform of the system, electronic versions of a “card” are increasingly popular and are often swapped on WhatsApp. This important reform introduced a new player in the system, the big corporations known as factureros, to which SAT outsources the emission of facturas, in a classic neoliberal move of subcontracting state functions to the private sector. Not surprisingly, the factureros—who make vast profits from their privileged position—have their own interests in the operation of the system that may or may not align with those of either SAT or the system's users.
The factura, then, is a detailed invoice that includes the legal and fiscal information of (in this example) both the restaurant and the university.7 It also includes, in broad terms, the type of expense that has been incurred—a meal would typically be listed as alimentos y bebidas, food and beverages. The fiscal information required to be included in the factura is quite specific and subject to change. I was told several times over the course of 2 weeks that Hacienda had just tightened the rules, asking for more information. (Un)surprisingly, the university and the restaurants are not always on the same page regarding what information is needed. In any case, there is no reimbursement without a factura—and no tax report from the restaurant to SAT. Therefore, no tax money is going to SAT.
3.
The situation is a little more complicated than I just suggested, and it took me a while to get my head around the problem. Early on in my quest for facturas at the end of my meals, I was told that restaurants do not like to issue them because it triggers a report to SAT, to be followed by payment of the sales tax collected from their clients. No factura, no payment of taxes—the restaurant's motivation seemed obvious. Then, I began noticing that my tickets included the restaurants' fiscal registration number and a sales-tax line with the amount I paid. With this important information on all tickets, it started to seem unlikely that SAT was receiving sales-tax payments for only the tiny number of restaurant meals for which the client requested a factura. It became outright bizarre that payment of the sales tax by businesses to SAT would be triggered by clients' factura requests. The more I thought about it, the less any of it made any sense.
The solution to the mystery turns out to be rather obscure and convoluted, and quite mundane. Let me unpack it a bit, with the help of a friend who has seen up close how small businesses navigate the system.8 Restaurants—among other businesses, but I shall stick to my example—in fact must report their income and collection of sales tax to SAT at the end of each day. It is done by means of an aggregate factura issued in the name of the public in general. Payment of the sales tax to SAT is made based on the amounts reported in the facturas. When someone like me requests an individual factura, its amount is expected to be removed from the restaurant's aggregate factura; the two are then added up and forwarded to SAT.
From SAT's perspective, the big problem with how the system works is that the aggregate facturas are calculated based on tickets to which SAT has no access. When tallying its daily transactions to prepare its aggregate factura, a business can make a portion of its tickets disappear and provide SAT with information and tax income from the remaining portion of the tickets. The latter must be retained in case of an audit, but there is no way for SAT to know that some (or many) tickets have gone missing. The business then pockets the tax amounts from the disappeared tickets. Still, it must be careful to report an income (and to transfer a tax amount) that is reasonably credible and consistent over time to avoid triggering the suspicions of SAT auditors. Should there be an audit of a small restaurant, it would likely take the form of an inspector visiting the place and saying something like “show me your system.” The business owner may then make a discreet offer of a contribution to—let us say—the inspector's informal pension fund, thereby ensuring a happy audit outcome—a classic case of mordida, the small acts of corruption that have oiled many social and economic transactions in Mexico for generations.
Using the factura system, businesses transfer sales tax amounts to SAT, but they may transfer only a portion of the amounts they collect, a situation made possible by the absence of a point-of-sale connection to SAT's tax reporting and collection. By “disappearing” some quantity of their tickets, many businesses hide not only the sales taxes they collected but also some significant portion of their income. This fact must be balanced—again, for tax reporting purposes—by hiding some significant portion of their expenses. At the end of the fiscal year, there must exist some credible equilibrium between income and expense. To do so, an individual business can play with its own numbers or there can be collaboration between businesses playing together. A business may offer a discount to customers who agree not to require a factura or make life more difficult for those who insist—a two-sided version of mordida. From one business to the other, these dynamics cascade through the entire country's economy, contributing to a significant portion of its underground component.
From the perspective of the business, the production of individual facturas is problematic in several ways. They have the potential of attracting SAT's attention if their numbers and amounts seem out of proportion with aggregate factura amounts. At a more daily level, each factura that a business emits costs money through several channels—the business literally has to buy each one from a facturero; accountants have to be retained to process and manage tax flows; staff have to spend time producing the facturas, and so on. For the smaller businesses such as many cafes and restaurants, these costs easily become prohibitive. In its wisdom, SAT recognizes this fact and offers the smallest businesses a “simplified” program in which they must pay a flat rate of 2.5% of their receipts. It is potentially helpful for these businesses, and it is convenient for SAT, which has not been all that interested in committing resources to policing these tiny players.
4.
Let us go back to the nitty gritty of everyday life, keeping in mind that, as nobody likes paying taxes, the system just outlined creates a powerful incentive for the restaurant (or other business) to avoid issuing an individual factura.
On the university's side, the incentive is to demand from me the highest possible standard of SAT compliance, which businesses may or may not be able and willing to match. Doing so minimizes the risk to the university of an unfavorable audit just as it minimizes the amount and difficulty of the work to be carried out by the university comptroller's office. It also puts the onus on me and the frontline administrator who helps me navigate my expenses and reimbursement to provide every possible bit of documentation. Ultimately, several reimbursement applications will be denied, and I will be left holding the bag—unless my sponsors (the colleagues who invited me) on campus, embarrassed by their institution's obstruction, end up paying out of their own pocket without telling me. As far as the university is concerned, this setup is very convenient.
Following from my example, the bottom line is, on the one hand, that businesses are incentivized to undercount the bulk factura they produce at the end of the day, cheating SAT of some significant part of its potential revenue. On the other hand, in most restaurant meals in Mexico and for many other economic transactions, no factura is requested and none is offered. Even when a request is made, as we shall soon see, it can easily abort, which is where the fun begins. Enter—at last, you may think—my aventuras con facturas.
Say you are looking for a place to stay during your visit that will be admissible to a reimbursement. It turns out to be simple once you have made appropriate inquiries; scratch Airbnb from your list of options as hosts are not generally registered with SAT. They do not pay tax on their rental income, so they will not be able to issue a factura. Airbnb, the company, will be happy to issue one for its cut of the rental—its commission—but the bulk of your cost will be yours to bear. Scratch that, then, and go to a hotel, which will issue facturas as a matter of course, and you pay additional lodging taxes.
Then, you need to travel from the hotel to the university. Here, the difficulty is reversed—taxis will be happy, if you insist, to give you an ordinary receipt, but they will not issue facturas. Uber on the other hand will gladly give you a factura…if you have a personal tax registration number with Hacienda, which, of course, I do not. I eventually learned that there might be a way to deal with this difficulty by inserting the university's fiscal information into my Uber profile, but I would have had to do so in advance, at home in Canada, as I cannot run the app's two-factor identification from abroad. We found no solution to this problem, so I used Uber and sent the emailed receipts to my embattled administrator, and it is anybody's guess how it will turn out. It is anybody's guess because it was not entirely clear if instructions from the comptroller's office were as nonnegotiable as they seemed; might the “no reimbursement for an ordinary receipt” line have been merely an opening gambit, intended to keep the comptroller's life easy? Who knows?
Then, of course, you have to eat…and deal with restaurants' factura management systems. I am thinking here of their social systems for handling factura requests, not merely the technical SAT-directed ones, the first purpose of many such social systems being to avoid giving a factura. In one case, the ticket I received at the end of the meal had a line saying that requests for facturas should be made when ordering the meal. Obviously, that ship had sailed.
In many other cases, there was another kind of problem: like in Canada, universities do not want or are not allowed to reimburse for alcoholic drinks. Now, a bebida (drink) can be coffee or orange juice but it can also be wine, beer, or tequila. It was made clear to me on behalf of the university's comptroller that no reimbursement would be forthcoming should a factura mention bebidas. Although the drink might well be a coffee or a Diet Coke, or an agua de jamaica (hibiscus flower drink), the mere possibility that it could be a beer is enough to disqualify the factura from being reimbursed. Here, the university's comptroller might have been going overboard with preemptive extreme compliance, or maybe not; again, who knows?
When told of this university requirement, several restaurant managers responded that their system would only allow them to enter alimentos y bebidas (food and beverages) in the appropriate cell of the electronic form. When they clicked on the cell, predetermined options would present and, for a meal, alimentos y bebidas was it. There was nothing they could do about it. Yet, other restaurant managers had no problem; they could readily enter alimentos (food) only, or some equivalent that would not mention drink.
This story shows, among other things, that facturas that actually exist can serve to hide the purchase of alcohol, even as corresponding tickets list the alcoholic beverages that were ordered. This outcome is the exact opposite of the objectives the policy pursues in at least two ways—first, purchases of alcohol will be reimbursed; second, this reimbursement will be made possible through fraud.
Obstacles could still come in a variety of forms. The most obvious was the way in which changes in SAT's demands reached or did not reach the various players in this morality play. Keep in mind that “reach” can be a very subjective term; it could be that a particular demand had been officially received but nobody had gotten around to implementing it, resulting in a “not reached” practical outcome.
Initially, my administrator gave me a laminated card with the university's information, including the email address where the factura should be sent. I had seen many of these cards over many years of participating in activities reimbursed by Mexican institutions. These little cards worked. Then, restaurant managers started to tell me that a crucial new piece of information was missing from the card, so they could not issue a factura. Back at the university, the administrator saw the difficulty and sent me the missing bit over WhatsApp. This solution satisfied some managers, but others said that another new thing was still missing. By this point, my administrator recognized the need for a comprehensive solution and sent me by WhatsApp an entire new electronic version of the card, fully updated. Yet, I would soon learn, it was now missing the needed email address, which I provided by pulling out the old laminated-paper card.
Another nice trick was for the restaurant to give me a pen and a form to fill out with all the university's information. This paper would eventually be turned over to their billing person who would email the factura. I have so-so handwriting, and I routinely write outside the box when I have to fill a form, with my information increasingly less legible as I go along. I am sure I am not the only person so afflicted. In any case, I filled a few of these factura forms, with mixed results.
In one nice Italian restaurant, I asked for a factura that would only mention alimentos or some equivalent—insisting that bebidas not be mentioned. No problem, I was told. A factura was issued and printed; I put the paper in my pocket and left without looking at it (it was my first night in town). The next morning my administrator showed me that the factura said alimentos y bebidas, so I returned to the restaurant later with the offending document and asked them to fix it. I was first told it could not be done. This response was followed by some sotto voce discussion between staffers, and at length I got a new factura. In the process, the restaurant also had to cancel the first one with SAT—an electronic request that could have been turned down, which would have left me stranded.
Another situation then presented itself. Having explained that I needed a factura with no mention of bebidas, I found the manager entirely cooperative. He took a photo of my information on his iPhone and promised to email the factura to my university administrator and to send me a copy on WhatsApp, which is common practice. Then, nothing happened; he never sent anything.
As with all other factura issues, I had until the end of the calendar month to reach out to the restaurant to get this no-show fixed. I was not optimistic, but by this point I had decided to write about the whole sorry saga; I would go back to the restaurant and see where it led. In the meantime, my administrator had phoned the restaurant (a good-sized and pretty nice place with excellent tacos, part of a small chain), where somehow a cook picked up the phone. He said my administrator needed to speak with the manager, Juan Carlos, who was not there just then. I trekked to the restaurant and found a small group of staffers gathered near the entrance. When I asked for Juan Carlos, they all looked at each other and said, “who?”. It seemed that no such person worked there. I then asked for the manager—whatever that person's name might be—and was taken to a table to wait for him. He showed up after a few minutes, I told my story, and he said, “no problem.”
I insisted again on the no bebidas thing, which he fully acknowledged. We went to his computer, with me looking over his shoulder. It took him about 15 min to access the file (slow system), enter the information, and print the factura…which of course said alimentos y bebidas. When I pointed it out to him, repeating (nicely) that such a document was of no use to me, he sighed and said he would fix it. First, he could not find a solo alimentos option on his electronic form but eventually figured it out. Then, he tried to cancel the first factura on the SAT website…and got stuck. The spinning wheel of death on the screen would not go away. He tried and tried.
As time passed, I took the opportunity to point out to him the junior manager who had “helped” me the first time and was now hovering at some distance from us. My man shrugged and kept trying for about 45 min after he had printed the misbegotten factura. I would normally have put an end to his suffering earlier, but I was now in full fact-finding mode. I wanted to see this through, if possible, but I was getting hungry—and I was not going to eat there again if there was no positive resolution. In the end, I told him to give up on the spinning wheel of death, thanked him for his effort, and left with a useless factura in my pocket…and very hungry. All this pointless effort, of course, was the result of the first guy neglecting to follow up on my factura request.
I could go on, as nearly every meal I took over 2 weeks called for a factura request, triggering some variation on the drama. But I figure that you get the picture.
5.
Mexican businesses are obligated by law to provide a factura upon request. But they are often not asked, and when asked, well…
The remarkable thing about this story is that nobody should need facturas—not sellers, not buyers, and not SAT. Itemized bills, possibly marked as “paid in full,” should be all the proof of expense needed as up-to-date electronic equipment enters the transaction in the business's database, which then can be turned over to the taxman. Unrecorded cash transactions will escape this system, of course, but facturas are not issued for such things now anyway.
One may object to the broad argument that I am outlining here, on account of my applying a “Northern” standard to the experience and practices of a country that is not of the “North.” On principle, it should be a wrong thing to do, to judge Mexico on a Canadian scale. Some would say that, pragmatically, Mexico cannot be expected to match a variety of advanced capitalist practices. I am sensitive to this concern as I am critical, as a rule, of the cultural imperialism of what is usually called “the West” (or some variation of “the North”). In this kind of situation, though, I think it is the right thing to do to look at the factura system in this way. Indeed, it seems to me that saying here that Mexico cannot be expected not only underestimates the country's capacities but also proceeds from a form of racism.
Mexico would be able to deploy state-of-the-art systems for dealing with value-added tax such as those seen in Canada. Although Mexico is not a “high income” country and although it faces difficulties characteristic of what used to be called developing countries, its state system and economy operate in the technologically sophisticated ways—and at large scale, as a country of 120 million people—of participants in today's globalized and information-technology saturated world. Mexican institutions, private and public, operate the same large software systems that are run in Canada and elsewhere. Tens of millions of Mexicans, individuals, and organizations of all sizes use Excel and similar programs. With the current electronic factura system, even very small businesses need to connect, through Internet, upon request of an individual factura and at the end of each business day, to the factureros that will emit the facturas. These small businesses already bear the costs of connecting to Internet, purchasing facturas, obtaining the services of bookkeepers or accountants, and so on.
Meanwhile, some other tens of millions of Mexicans are too poor to have access to any digital technology, and uncounted numbers of small informal businesses only operate with cash. Whatever Hacienda does to capture its share of economic activity more efficiently, it will miss all these groups. What it does not need to do is push more transactions into the tax-evading zone.
Broadly speaking, Mexico and Canada operate in the same world of a capitalist economy, with the same kinds of government institutions, the same kinds of technology, and the same ways of raising public funds. Over the past decade and more, Mexico has been trying to improve its fiscal capacity and has found some success. The Mexican government wants to capture its proper share (however defined), through taxation, of as much of the country's economic activity as possible. The factura system is not helping; it is counterproductive. It multiplies transactions (facturas on top of tickets) and interactions (creating that connection, for instance, between the university and the restaurant), each unnecessary one creating opportunities for mistakes, fraud, and other trouble. It actively discourages the payment of taxes and actively encourages Mexicans to try to get around SAT. It should be ditched and replaced with one in which simple tickets do the job that facturas supposedly do now. Not only would doing so make my life, the lives of my friends at Mexican universities, and the lives of countless restaurant managers and business owners and most Mexicans easier, but it would also vastly increase the efficiency of the country's tax collection—bringing billions of pesos into state coffers every year.
There are reasons why the factura system exists that I suspect (although I could be wrong) lie in multiple layers of bureaucratic tradition going back to colonial times and Spanish state construction. I am sure it is deeply embedded in Hacienda's DNA, and conducting a genealogy of the whole thing would surely bring fascinating results. If only because of this embeddedness, the factura would not be easy to eliminate. In addition, the task of replacing it well would be daunting, but it does not mean the country would be unable to do so.
Having already noted that Mexico's fiscal capacity has improved over the last decades, I should make allowances for the possibility that factura reform and tinkering—including the digitization of the system in 2014—have contributed to that improvement. The current system could then be seen as Janus-faced—improving and worsening the situation at the same time, perhaps a transitional regime that strengthens somewhat the state's digital and fiscal capacity while continuing to enable Mexicans to evade a portion of their tax bill.
Ultimately, SAT already tracks and registers hundreds of millions of economic actors (people and businesses) and billions of transactions every year, but it also misses vast amounts of transactions because of the size of the country's informal economy, which the factura system boosts artificially. What I am thinking of, based on my Canadian experience, is a deepening of the granularity the Mexican government already practices while eliminating something—the factura—that probably started as a Band-Aid and became a parasite that draws resources away from its host.
6.
I shall close these remarks by situating them in the context of the contemporary social theory that informs them. If you have no time for theory, you have my leave to stop reading here.
It is not by accident that I am linking my very personal, micro experience with facturas to the macro capacities—fiscal and otherwise—of the Mexican state. More deeply, the state's global ability and ambition to reach systematically into individual lives, including their every economic transaction, is a fundamental feature of how modern, capitalist society works. States fail at this task, of course, as they never capture every transaction or activity they might target. Yet, failure is a matter of degree, which is another way of saying that success is a matter of degree.
We can understand this dynamic as a systemic partnership between state and capital, underpinning the functioning of both the capitalist economy and the politics of popular sovereignty. Michel Foucault's concepts of biopower and governmentality9 capture this whole story. In this perspective, “we the people” are possible and operationalized as a collective subject only to the extent that we as individual members are identified and counted, enabling us in turn to act as individual and collective political subjects; we are, at one and the same time, individual citizens (unless we are excluded as noncitizens) and whole populations. This is the sense in which biopower encompasses the life of the individual and the life of the population—ultimately, the life of the species. What we think of as our political freedoms and rights function within and are made possible by this very configuration of power.
The same goes for us as individual economic actors, whether in our guise as workers and producers, sellers and buyers, and so on. Our economic practices are framed and function within finely grained parameters that enable us as economic actors and are established jointly by capital and the state, subject to variable political pressure “from below.” These practices also channel resources to the state, enabling government to carry out its tasks—however such tasks may be defined. Whether roads are well built, and high-quality health services are publicly funded, or the security sector is favored at the expense of other public priorities, or vast amounts of public funds are corruptly channeled to regime-affiliated networks, all depend on resources first making their way to government coffers.
We, all of us (variously) in every country on the planet, live in ever more finely meshed grids of “power/knowledge,”10 where intelligibility and governability are flip sides of the same coin. How we understand ourselves, for instance as “citizens” or “consumers” or “workers” or “asylum seekers” or whatever; and how our lives are governed—by ourselves, by our communities, and by law—are fundamentally inseparable. Such is the modern realm of governmentality, which is to say that power operates through the government or management of populations and individuals, including through the making of particular kinds of individuals. If we think of ourselves as “taxpayers,” for instance, or as chronic tax evaders, it will not be unrelated to how we behave as economic and political actors. Indeed, as we think and act our way through this world, we not only comply; we also resist. Even as we see ourselves as taxpayers, we may push back on our government's use of its tax income; tax evasion may be construed as tax resistance anchored politically, and so on.
All this practice of government happens through the creation and operation in our everyday lives of particular mechanisms, procedures, and technologies, including such things as value-added taxes and facturas, the tax registration numbers issued by fiscal authorities to individuals and organizations, the Excel sheets and specialized software that record individual transactions and relevant amounts, the electronic machines that capture payments and send them to the Excel sheet, and so on.
In this big picture, Mexico's factura is a very peculiar beast. The stated purpose of its existence is twofold—on the one hand, it aims to discourage the kind of fraud and money laundering that happen through claims for expenses that may be nonexistent or smaller than the amount claimed; on the other hand, it is meant to enforce rules regarding the “claimability” of expenses reported to SAT (for instance, alcoholic beverages are not claimable). The factura is meant, then, to reinforce the application of the rule of law in the everyday life of ordinary economic transactions, to deepen Hacienda's reach into every nook and cranny of economic life, and to bring factura-seeking Mexicans to think of themselves as obedient followers of the Hacienda rule book—all of it united in undermining both dimensions of the informal economy.
To the extent that the formal and informal economy grow and shrink in an inverse relationship, it stands to reason that the factura system would seek to bolster the former. It was explicitly designed as a technology of power and is regularly tinkered with to do just that. The problem is that in a whole range of activities, the factura system is plainly dysfunctional—sellers do all they can to avoid providing facturas, buyers scheme to have them tailored to requirements no matter the actual expense involved, and a vast number of transactions just go uninvoiced, unfactura-ed. In complementary ways, sellers suffer from this system, as do buyers, as does Hacienda. Mexicans understand as a matter of course that facturas are not an inherent part of economic transactions but rather an artificial and burdensome fiscal instrument that is best avoided as often as possible.
Rather than bolstering the official economy and the state, the factura undermines them by inducing Mexicans to avoid facturas and to think of themselves as Hacienda-avoiding economic, social, and political subjects. Mexicans resist the factura, seeking to help themselves while keeping at bay a state they do not trust.
As I was finishing one of my last meals in Mexico this summer—a meal that was not subject to reimbursement—I asked for the bill. I was surprised when the server asked, “would you like a factura with that?” I took a moment to absorb this question and answered, “oh…thanks, but no.”
期刊介绍:
Latin American Policy (LAP): A Journal of Politics and Governance in a Changing Region, a collaboration of the Policy Studies Organization and the Escuela de Gobierno y Transformación Pública, Tecnológico de Monterrey, Santa Fe Campus, published its first issue in mid-2010. LAP’s primary focus is intended to be in the policy arena, and will focus on any issue or field involving authority and polities (although not necessarily clustered on governments), agency (either governmental or from the civil society, or both), and the pursuit/achievement of specific (or anticipated) outcomes. We invite authors to focus on any crosscutting issue situated in the interface between the policy and political domain concerning or affecting any Latin American and Caribbean (LAC) country or group of countries. This journal will remain open to multidisciplinary approaches dealing with policy issues and the political contexts in which they take place.