June 30: deadline for submitting updated information on partners or shareholders to the SAT

As we had informed you in a previous communication, on December 9, 2019, a decree was published in the Federal Official Gazette (DOF) which amended, among others, the Federal Tax Code. As part of this amendment, Article 27 of the Code was modified regarding the obligations related to the Federal Taxpayers Registry (RFC).

In this sense, section VI of letter B of Article 27 of the Code sets forth a new obligation for legal entities, consisting of submitting a notice to the Tax Administration Service (SAT), informing the name and code in the RFC of the partners or shareholders, each time that any modification or addition is made with respect to them.

While this amendment, effective January 1, 2020 and rule 2.4.19. of the Annual Temporary Tax Regulations (Resolución Miscelánea Fiscal) for 2020 (RMF), published in the DOF on December 28, 2019, set forth that the notice must be filed within 30 business days following the date on which the corresponding event occurs according to the form 295/CFF of Annex 1-A of the RMF, in terms of the provisions of transitory article forty-six of the RMF, the mentioned notice may be filed, on a single occasion, no later than June 30 of the current year.

Form 295/CFF of Annex 1-A of the RMF details that the notice shall be submitted through the electronic portal of the SAT with the RFC and password of the legal entity. For this purpose, the electronic form “Clarification Service” (Servicio de Aclaración) must be filled out and the corresponding scanned documents must be attached. It is important to note that the relevant form mentions that, to file the notice, it shall be uploaded a notarized and digitalized document in which the incorporation of the partner or shareholder is evidenced. However, considering that not all acts that have as an effect the modification or entry of a new partner or shareholder must be recorded in a notarized document in terms of the applicable laws in Mexico, it will be important to analyze each case to determine which document may be presented before the tax authorities.

With the filing of the notice, the taxpayer will obtain an acknowledgement of receipt that will contain a folio number that, after 7 business days, will be available on the SAT website.

If you have any doubts or comments regarding the fulfillment of this obligation or if you require assistance in filing the relevant notice, please contact any of our partners or associates.Yours sincerely,

Cannizzo, Ortiz y Asociados, S.C.