New obligations of corporationsin the RFC

 Professional related: Enrique Ramírez , Manuel Tamez , Nora Morales   |      June 5th, 2020

Notice regarding the modification or incorporation of members or shareholders to the Federal Taxpayers’ Registry

In accordance to the alert published last January 10th, we hereby refer to the Decree published in the Federal Official Gazette on December 9, 2019, by virtue of which the amending, adding and repealing various provisions of the Income Tax Law, the Value Added Tax Law, the Excise Law and the Federal Fiscal Code was published. As part of these amendments, article 27 of the Federal Fiscal Code (“FFC”) regarding the obligations related to the Federal Taxpayers Registry (“RFC”, as per its acronym in Spanish) is modified. Section VI of chapter B of this article establishes a new obligation for corporations, consisting in filing a notice to the RFC each time a modification or incorporation of members or shareholders is made. Through this notice, a corporation must provide the name or corporate name and RFC number of its members or shareholders. Such modification or incorporation of members or shareholders could be carried out by means of: (i) a transmission of shares or assignment of equity quotas; (ii) an increase in the capital stock considering a new member or shareholder subscribes such amount; or, (iii) through a reduction of the capital stock, considering a member or shareholder leaves the company. For this purpose, rule 2.4.19. of the Tax Miscellaneous Resolution (“TMR”) for fiscal year 2020, published in the Federal Official Gazette on December 28, 2019, establishes that said notice must be submitted within 30 business days following the date on which the modification or incorporation is made, in accordance with section 295/CFF of Annex 1-A of the TMR for fiscal year 2020.

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