It is common to read or listen to new social forms of coexistence, some fully accepted and others not. In this case, we will discuss the sugar daddy (or sugar mommy ) relationship with a sugar baby.
A sugar daddy/mommy is a person who offers gifts, money, and trips, among other things, to a much younger person than the sugar baby in exchange for a relationship.
However, this relationship where the sugar baby receives money or goods can lead to problems before the Tax Administration Service (SAT).
Natural persons, without any distinction, are obliged to pay Income Tax (ISR), concerning all the income they receive, regardless of the source of obtaining it (remember article 1 of the Income Tax Law). Rent).
It is important to mention that this income can be received in cash, in goods, services, etc.
Suppose a sugar baby receives a certain amount of monthly money from his/her sugar daddy/mommy via cash or bank transfer. This action has no complications, but, under the reasoning that all income received is subject to Income Tax (ISR), it is important to analyze the fiscal scope.
In the first place, the legal context of the operation must be analyzed independently of the social assessment.
The sugar baby is receiving cash income, something susceptible to ISR. From a critical perspective, these revenues could have different treatments, being the provision of services, donations, etc.
Regarding the provision of services, and without going into social details, it would be that the sugar baby provides support services, talks, and dinners, to name a few. If this were a regular practice of that person, it would be a provision of services with obligations to pay Income Tax.
Another legal way of dealing with this income is related to donations. According to article 2332 of the Federal Civil Code, donation is a contract by which a person transfers to another, free of charge, part or all of their present assets.
Considering that the sugar daddy or sugar mommy gives gifts to their sugar baby in cash or in goods, it could be a donation that for legal purposes, would have to be covered by a contract in a public deed. From this point of view, we will analyze the effects of the two parts.
Regarding the sugar baby, the SAT, within its review powers ,could question the origin of the income. If it were a donation, it must be noted that, for tax purposes, it is exempt for the equivalent of three times the value of the unit of measurement and updating (UMA) raised per year, this is an equivalent of 98 thousand pesos. for 2021.
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That’s the way it is.
Suppose a sugar baby receives donations in the year for the amount of 500 thousand pesos in cash or goods. In that case, only 98 thousand pesos would be exempt, and 402 thousand pesos would be taxed, so that person would have to pay the corresponding Tax. It should not be forgotten that, for this tax treatment, it must be considered a donation, not a simulation.
As far as the sugar daddy or sugar mommy is concerned, the problem consists of identifying and proving the origin of the resources with which the donation to the sugar baby is mad. This action consists in the fact that the money or goods that are the object of the donation have paid the corresponding taxes.
It should not be forgotten that these economic operations are carried out between adults since otherwise, there could be other types of consequences in the legal field.
Although it is true that from the social point of view, a sugar relationship is questioned due to its characteristics and implications, we must not lose sight of the issue that concerns us today: the fiscal scope for each party involved.
