Update of Partner or Shareholder Information in the Federal Taxpayers’ Registry (RFC)

On December 9, 2019, it was published in the Federal Official Gazette (Diario Oficial de la Federación) a Decree amending, adding and repealing several provisions of the Income Tax Law (Ley del Impuesto Sobre la Renta), the Value Added Taz Law (Ley del Impuesto al Valor Agregado), the Special Tax on Production and Services Law (Ley del Impuesto Especial sobre Producción y Servicios) and the Federal Tax Code (Código Fiscal de la Federación).

As part of these amendments, Article 27 of the Federal Tax Code (“CFF”) was amended with respect to the obligations related to the Federal Taxpayers’ Registry (Registro Federal de Contribuyentes (“RFC”)).

In this sense, section VI of paragraph B of said article provides a new obligation for legal entities, i.e. to file a notice in the RFC each time a modification there is a new partner or shareholder, including the name and tax ID of the new partner or shareholder. The new rule 2.4.19. of the Annual Temporary Tax Regulations (Resolución Miscelánea Fiscal) for 2020 (“RMF”), published in the DOF on December 28, 2019, provides that such notice must be filed within 30 business days following the date on which the corresponding event occurs according to form 295/CFF of Exhibit 1-A of the RMF.

Said form details that the notice shall be filed through the electronic portal of the Tax Administration Service (Servicio de Administración Tributaria (“SAT”)) with the taxpayers’ RFC and password. For this purpose, the electronic form “Clarification Service” (Servicio de Aclaración) shall be filled and the corresponding scanned documents must be attached. It is important to note that the aforementioned form mentions that in order to file the notice, a notarized and digitalized document in which the incorporation of the partner or shareholder is recorded shall be attached. Notwithstanding the aforementioned, it will be important to wait to know the criteria of the tax authority in this regard, since not all acts that have as an effect the entry of a new partner or shareholder must be recorded in a notarized document in terms of applicable laws in Mexico.

With the filing of the notice, the taxpayer will obtain return receipt that will contain a number that, after 7 working days, will be available on the SAT website.

It will be important to consider that the transitory article forty-six of the RMF provides that those legal entities that do not have the updated information on their partners or shareholders before the RFC, shall present the aforementioned notice with the information corresponding to their current structure no later than on June 30, 2020.

Finally, it is important to mention that the fine for the non-compliance with this obligation may range from MXN$4,200.00 to MXN $8,390.00.

We remain at your disposal for any doubt or comment regarding the information contained herein.