Within the tax laws for 2022, the following articles were added to the CFF.
Art. 32-B Ter CFF
Legal entities, trustees, settlors or trustees, in the case of trusts, as well as the contracting parties or members, in the case of any other legal figure, are required to obtain and keep, as part of their accounting, and to provide to the Tax Administration Service, when said authority so requires, the reliable, complete and updated information of its controlling beneficiaries, in the form and terms that said decentralized body determines through general rules. This information may be provided to foreign tax authorities, upon request and under the protection of an international treaty in force to which Mexico is a party, which contains provisions for the reciprocal exchange of information, in terms of article 69, sixth paragraph of this Code.
Art. 32-B Quater CFF
The controlling beneficiary shall be understood as the natural person or group of natural persons who:
Directly or through another or others or any legal act, obtain or obtain the benefit derived from their participation in a legal person, a trust or any other legal figure, as well as any other legal act, or who or who in last resort exercises or exercises the rights of use, benefit, benefit, advantage or disposition of a good or service or in whose name a transaction is carried out, even when it does so or they do so contingently.
Directly, indirectly or contingently, exercise control of the moral person, trust or any other legal entity.
Impose, directly or indirectly, decisions in the general meetings of shareholders, partners or equivalent bodies, or appoint or remove the majority of the directors, administrators or their equivalents.
Maintain ownership of the rights that allow, directly or indirectly, to exercise the vote with respect to more than 15% of the share capital or else.
Direct, directly or indirectly, the administration, strategy or main policies of the legal person, trust or any other legal figure.
Miscellaneous Tax Resolution
Rule 2.8.1.20. RMF Criteria for determining the status of controlling beneficiary of legal entities.
Rule 2.8.1.21. RMF Mechanisms to identify, obtain and keep updated information on the controlling beneficiary.
Rule 2.8.1.22 RMF Information that legal persons, trustees, settlors or trustees, in the case of trusts, as well as the contracting or integrating parties, in the case of any other legal figure on their controlling beneficiaries, will maintain.
Art 84-M CFF infractions:
Not obtaining, not keeping or not presenting the information, a fine of 1,500,000.00 to 2,000,000.00 for each beneficiary Art. 84 -N Fraction I, CFF.
Failure to keep the Information updated, a fine of 800,000.00 to 1,000,000.00 for each beneficiary, Art.84-N Section II, CFF.
Submit incomplete, inaccurate information, with errors or in a different way, a fine of 500,000.00 to 800,000.00 for each beneficiary, Art. 84-N Fraction III, CFF.
Recommendations.
Obtain and keep the information of your controlling beneficiary as part of your accounting.
Provide the SAT, when required, with complete and updated information on your controlling beneficiary.
Keep BC information updated.
The SAT will issue rules for the fulfillment of obligations and will notify the request for information, according to art. 134 CFF.
The delivery of the information will be made within a period of 15 Business days from the date on which the notification of the request takes effect.
We inform you that this information provides general information based on the current laws and regulations, and in case of an individual report, be sure to receive advice from an expert before handling it.
Reproduction, partial or full distribution without the approval of Dowoo Accounting S de RL de CV is prohibited.
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