Dear Clients and Friends,

Among the recent reforms to the Fiscal Code of the Federation (“CFF”), in force and effect as of January 1st, 2020, is included an amendment to its article 27 regarding the obligations to the Federal Taxpayers Registry (“RFC”).

Derived from said amendment, a new obligation is imposed in section A subsection II and section B subsection VI, which sets forth the requirement to: “VI. File a notice in the federal taxpayers registry, through which the name and code in the Federal Taxpayers Registry of the members or shareholders is reported, whenever any modification or addition is made, in terms of the Regulations of this Code.”

In such regard, rule 2.4.19 of the Miscellaneous Fiscal Resolution for 2020 establishes that the aforementioned notice must be submitted within 30 business days following the date on which the corresponding modification or addition is made, according to the Form 295/CFF of Annex 1-A of the Miscellaneous Fiscal Resolution.

Furthermore, the Forty-Sixth Transitory Article of the aforementioned Miscellaneous Fiscal Resolution states, “For the purposes of article 27, sections A subsection III and B subsection VI of the CFF, any legal entities that do not have updated their information on their partners or shareholders before the RFC, must file the notice referred to in rule 2.4.19., with the information corresponding to the structure they have at the time. The aforementioned notice must be submitted on a single occasion no later than June 30, 2020.”

In view of the foregoing, all legal entities that have not yet updated the information of their partners or shareholders before the Federal Taxpayers Registry, must file their updated information, informing the name and code in the Federal Taxpayers Registry of each of their current partners or shareholders, on a single occasion no later than June 30, 2020.

It will also be important to take into account that on any subsequent occasions when a legal entity has any modification or addition to its partners or shareholders, it must file the abovementioned notice within the 30 business days following the date when such modification or addition is made.

This notice must be filed online at the website of the Tax Administration Service (“SAT”), uploading a notarized digital document evidencing the modifications or addition of partners or shareholders, or in the case of the notice to be filed no later than June 30, 2020, evidencing the current structure of partners or shareholders of the legal entity.

Furthermore, it is important to file this notice on time to avoid any possible sanctions from the Mexican tax authority, which may consist of fines and the temporary restriction in the use of digital stamp certificates for the issuance of online digital tax receipts (“CFDIs”), and the possible later cancellation thereof in case of a continued failure to comply with this obligation.

We remain at your service for any questions or comments you may have in regard to the foregoing, so we may duly assist you to comply with such initial obligation on time before June 30, 2020, and in case of any subsequent modification or addition of partners or shareholders in your legal entity.

Fiscal / Tax

Felipe Mendoza
fmendoza@ecrubio.com
Edmundo Hernández
edmundo.hernandez@ecrubio.com
Fernando Holguín
fholguin@ecrubio.com
Arturo Bañuelos
arturo.banuelos@ecrubio.com
Franco Herrera
franco.herrera@ecrubio.com

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