One of the tax obligations in force in 2022, for some taxpayers, is the presentation to the tax authorities of the Information on their Tax Situation, commonly known as ISSIF or DISIF.
In accordance with article 32-H of the Federal Tax Code (CFF) in force, there are Taxpayers who must submit to the tax authorities, as part of their annual declaration for the year, information on their tax situation, for which they will use the means and formats established by the SAT through general rules.
Obligated to present the DISIF (32-H, CFF):
I. Those who are taxed in terms of Title II of the Income Tax Law, who in the last immediately preceding fiscal year declared have entered in their normal declarations accruable income for income tax purposes equal to or greater than an amount equivalent to $904,215,560.00, as well as those that at the close of the immediately preceding fiscal year have shares placed among the general investing public, in the stock market and that are not in any other case indicated in this article.
II. Commercial companies that belong to the optional tax regime for groups of companies under the terms of Chapter VI, Title II of the Income Tax Law.
III. Parastatal entities of the federal public administration.
IV. Legal entities residing abroad who have a permanent establishment in the country, solely for the activities they carry out in said establishments.
V. Any moral person resident in Mexico, regarding the operations carried out with residents abroad, (Limit Amount to present, see rule 2.16.3 RMF).
VI. Taxpayers who are related parties of the subjects established in article 32-A, second paragraph of this Code, (Limit Amount to present, see rule 2.16.5 RMF).
Until 2021 there was a Miscellaneous Rule 2.18.4 which allowed taxpayers who were located exclusively in the event of having carried out operations with residents abroad to present only some sections and which was known in the media as "Simplified ISSIF" , said rule was no longer published in 2022, so those who must present their information will do so in accordance with the instructions, publishing and filling in all the information that applies to them.
It is very important to consider that numeral VI., which indicates to the companies related parties of those that are obliged to rule in 2022 within the assumptions of mandatory submission of the ISSIF, is a fraction that was included as part of the Tax Reform by 2022.
Based on the foregoing, it will be necessary to verify all the companies that are part of a group and determine if any of them are in the case of mandatory tax assessment for 2022, since it would generate the obligation to present the ISSIF to the rest of the group companies.
Revealed to present the DISIF:
Rule 2.16.3 FMR
For the purposes of article 32-H of the CFF, taxpayers who are obliged to submit information on their tax situation for having been located only in the case referred to in section V of the aforementioned article, may choose not to submit it when the amount total operations carried out with residents abroad in the fiscal year is less than $100,000,000.00 (one hundred million pesos 00/100 M.N.)
Fourth Resolution of Modifications to the RMF for 2022 (Rule 2.16.5 is added, Published on June 9, 2022)
Rule 2.16.5 FMR
Rule 2.16.5 has been included in the Miscellaneous Rules. in which the authority establishes the amounts of the operations indicated in item VI, which would oblige us to present the ISSIF: "When in the exercise in question they have carried out operations with the subjects established in article 32-A, second paragraph of the aforementioned Code (related parties of taxpayers required to rule) and provided that the amount of the operation exceeds $13,000,000.00 (thirteen million pesos 00/100 M.N.) for carrying out business activities, or $3,000,000.00 (three million pesos 00/100 M.N.) in the case of provision of professional services”.
Article 32-A CFF
It must be remembered that by 2022, legal entities that are taxed in terms of Title II of the Income Tax Law are required to rule, under the terms of article 32-A of the CFF, on their financial statements by a Registered Public Accountant. In the last immediately preceding fiscal year declared, they have consigned in their normal returns cumulative income for income tax purposes equal to or greater than an amount equivalent to $1,650,490,600.00, as well as those that at the close of the immediately preceding fiscal year have shares placed between the great investing public, on the stock market.
Taxpayers who are required to issue an opinion on their financial statements, as well as those who exercise the option referred to in this article, shall consider the obligation to submit the information referred to in article 32-H of this Code to be fulfilled.
Form of presentation
Taxpayers who must submit the ISSIF must have a valid e-Signature Certificate and will send it through the SAT portal in accordance with the following:
I. They will obtain the application called ISSIF (32H-CFF) to fill in the Information on their fiscal situation corresponding to the fiscal year in question, through the SAT Portal. Normally, this application is published in the first two months of the year following that for which the information will be presented, and for some years the application has been working within Microsoft's Excel software.
II. Once installed, they will capture the general data of the declarant, as well as the information requested in each of the corresponding sections, for this they must identify the format that corresponds to them, according to the templates previously assigned by the SAT.
III. The information sent must comply with the provisions of the integration and characteristics instructions, and in the guide formats, which will be made available to taxpayers for consultation on the SAT Portal, in accordance with the type of format or corresponding template.
V.A file with a .sb2x extension must be generated, which will be attached to the exercise declaration, or if applicable, to the complementary declaration and will be sent together via the Internet. The filing date will be the one on which the SAT correctly receives the corresponding information.
Date of presentation
The deadline for submitting the ISSIF will be the same as that of the annual return, since, as indicated in article 32-H of the CFF, this information will be sent as part of your annual statement for the year, that is, the deadline for the year 2022 will be March 31st, 2023.
Fines
If they are obliged to present this information and do not do it in a timely manner, the taxpayer could commit the infraction indicated in article 83 of the CFF:
Article 83. The following are infractions related to the obligation to keep accounts, provided that they are discovered in the exercise of the powers of verification or of the powers provided for in article 22 of this Code:
XV. Failure to identify operations with related parties in accounting, in terms of the provisions of articles 76, section IX and 110, section XI of the Income Tax Law.
XVII. Not submitting or submitting incompletely or with errors the information on your tax situation referred to in article 32-H of this Code.
Article 84.- Whoever commits the infractions related to the obligation to keep accounts referred to in Article 83, the following sanctions will be imposed:
XIII. From $1,950.00 to $5,860.00, to that indicated in section XV, for each operation not identified in accounting.
XV. From $15,410.00 to $154,050.00 to that included in fraction XVII.
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.
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