Recently the Mexican Ministry of Finance has started to enforce an amendment made back in July 2017 to the Rule 2.4.20. of the Miscellaneous Tax Resolution, which now requires that the Powers of Attorneys of those legal representatives and/or attorneys-in-fact of Taxpayers (companies or persons) in charge of obtaining the Electronic Signature (commonly known as FIEL by its acronym in Spanish) expressly include the Federal Tax ID (“RFC”) of the legal representative or attorney-in-fact acting on behalf of the Taxpayer before the Mexican IRS.
The purpose of this new requirement is centered in expanding the taxpayer registry of the Mexican Ministry of Finance and be certain that the persons acting on behalf of other taxpayers are in compliance with Mexican tax regulation.
Certainly, this change is significant because it will require companies to make sure that their legal representative’s or attorney-in-fact’s Power of Attorney include the RFC of such person, otherwise their application for the FIEL will be rejected and therefore, they will not be allowed to invoice, file tax returns and perform other tax filings.
Should you have any questions or comments regarding the foregoing, please do not hesitate to call your usual contact in the firm.
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