Mexico City, June 9th, 2020.
As a result of the tax reform in force as of January 1, 2020, the general catalog of obligations set forth in article 27 of the Federal Tax Code was fully amended, including a new brand obligation for legal entities to submit a notice in the Federal Taxpayers Register (“RFC” per its Spanish acronym), reporting the name and tax identification number (“Tax ID”) of the partners or shareholders, each time a modification or addition of them takes place.
Through general rules, the tax authorities established a timeframe of 30 business days after the change, addition or movement in the shareholding structure is made, to file the update notice of partners or shareholders, which must be done through the company tax mailbox, attaching the protocolized deed stating the modifications or addition of partners or shareholders.
It is important to mention that legal entities that do not have updated the information of their partners or shareholders before the RFC, must file the relevant notice on their current structure, for the only occasion no later than June 30, 2020.
Likewise, it is important to remember that legal entities are also required to record in the partners and shareholders book, the Tax ID of each one of them and, in each meeting minutes, the Tax ID of the partners or shareholders that attended the same.
Failure to submit these notices may result in fines being imposed by the tax authorities.
We recommend reviewing that the information of the partners or shareholders of Mexican legal entities is up-to-date and, if this is not the case, to file the relevant notice within the aforementioned timeframe, as well as reviewing the minutes of meetings and the partners or shareholders books to verify that the Tax IDs corresponding to them are properly included, in order to avoid incurring possible violations of tax provisions.
The lawyers of both the tax and the corporate practice groups of the Firm could assist you on the compliance of this new obligation.
S I N C E R E L Y,
Daniel Del Río
Carlos Velázquez de León
Juan José López de Silanes
Miguel Ángel Peralta
Juan Carlos Serra