STRATEGIC COMPLIANCE. Criminal Compliance of Legal Entities in connection with their Criminal Liability May 24, 2023
On May 5th, 2023, a Ruling entered into force delegating powers to several officials of the Tax Administration Service in order to verify the fulfillment with the obligations related to the identification of the Controlling Beneficiaries (CBs).
With such Ruling, powers are delegated to both the General Administration of Federal Tax Audit and to the General Administration of Major Taxpayers, to carry out audits, as well as requests for information with the purpose of verifying that taxpayers comply with the obligations to identify, obtain, and conserve, as part of its accounting records, reliable, complete, and updated information on its CBs.
Remember that on January 1st, 2022, the addition of articles 32-B Ter, 32-B Quáter, 32-B Quinquies, 42, section XIII, 48-A, 84-M y 84-N of the Federal Tax Code entered into force, through which the aforementioned obligations were incorporated to the legal entities, trustees, settlors, fiduciary and/or the contracting parties or members regarding any legal entity.
The rules 184.108.40.206., 220.127.116.11. and 18.104.22.168. of the Miscellaneous Tax Resolution for 2022, states the criterion for the determination of the CB condition, as well as the mechanisms and parameters to identify, obtain and conserve the necessary information that must be included in the accounting records.
Such mechanisms include the implementation of all those internal control procedures that are reasonable and necessary for the obtainment and conservation of the information regarding the identification of the CBs.
In case of committing an infringement deriving of the breach of the referred obligations, the penalties will vary from MXN $500,000.00 and MXN $2’000,000.00, for each CB, depending on the case.
Pursuant to said Ruling, we consider it imminent that the tax authorities will start in a generalized and massive way with the exercise of their powers of verification in order to prove the fulfillment with the referred obligations and impose the corresponding sanctions, as appropriate.
It is of prime importance that all legal entities, trusts or other legal figures have the corporate and legal information that evidences their CBs, and such information is certain, complete, and up-to-date and within reach of the tax authorities through the implementation of the internal controls that result necessary in order to prevent and mitigate whichever contingency in tax matters.
If you have any questions regarding the foregoing, please do not hesitate to contact us.
Mexico City, June 1, 2023