On December 29, 2023, the Miscellaneous Tax Resolution (MTR) was published in the Federation Official Gazette in force from January 1 to December 31, 2024.
Compared to the MTR 2023, the MTR 2024 suffered minimal changes, among which the following stand out:
Federation Tax Code (FTC)
Rule 2.1.2. Comprehensive information exchange agreement
The jurisdictions of Burkina Faso, the Independent State of Papua New Guinea, the Republic of Benin, and the Socialist Republic of Vietnam are added to the list of countries which have a comprehensive information agreement. This list came into force on January 1, 2024.
Rule 2.1.29. Mutual agreement procedure contained in a treaty to avoid double taxation
As part of the rule, it is added that, besides the treaties to avoid double taxation for a friendly procedure, there are considerations to the Multilateral Convention, derived from the entry into force of the latter on January 1, 2024.
Rule 2.3.8. Refund request form
References to the obligation for large taxpayers and the hydrocarbon sector to submit official form 3241 “Refund Request” are deleted.
Rule 2.3.9. Offset notice
The rule regarding the submission of the offset notice derived from the extinction of the obligation to submit notice F3241 is repealed.
Rule 2.3.10. Offset of credit balances generated until December 31, 2018
The rule regarding universal offset for credit balances generated before December 31, 2018 is repealed, since these balances have lost their five-year validity.
Rule 2.4.6. Registration, resumption, and suspension in the Federal Taxpayer Registration (FTR) of workers (previously, “Entry in the FTR of workers”)
New obligations for employers regarding the submission of notices of suspension and resumption of activities of their workers are added.
Upon termination of the labor relationship, employers must submit the suspension of activities notice to the authority and, where applicable, the resumption of activities notice.
Rule 2.5.4. Modification of the FTR ID number
The fact that natural persons will modify their FTR ID number when their Individual Registration Number changes is added. Likewise, the authority may modify the ID number when individuals have paid taxes under salaries and wages and demonstrate that an incorrect FTR ID number has been used, in addition to having made a modification to their Individual Registration Number.
Rule 22.214.171.124. Deadlines for a Digital Tax Receipt cancellation
The deadline for cancelling the Digital Tax Receipts issued by taxpayers for fiscal year 2023 is maintained, being April 1, 2024 for legal entities and April 30 for natural persons.
If the Digital Tax Receipt is cancelled after the deadline, taxpayers could be subject to fines of between 5% and 10% of the amount of each cancelled tax receipt.
Rule 126.96.36.199. Data request in the FTR for Online Digital Tax Receipts stamping with payroll complement
Taxpayers continue to have the option of requesting tax information of their workers from the authority, as long as they have made payments to them during the last 12 months and that the request is made only once.
Rule 188.8.131.52. Issuance of Online Digital Tax Receipts of withholdings and payment information
The option of issuing the Online Digital Tax Receipts of withholding payments remains in force no later than January 31 of the year immediately following the year in which the withholding or payment was made unless there is an express legal or regulatory provision to the contrary.
Rule 184.108.40.206. Issuance of Online Digital Tax Receipts for payroll of fiscal year 2023
The rule stating that taxpayers who during 2023 have issued Online Digital Tax Receipts for payroll containing errors or omissions in its completion or version may correct them and cancel the receipts they are replacing no later than February 29, 2024 is maintained.
Rule 220.127.116.11.9. Issuance of Online Digital Tax Receipts with Bill of Landing Complement, reverse logistics services, collection or refund for transfer of goods and/or merchandise by motor transport
A new obligation to issue an Online Digital Tax Receipt of income or transfer type with a Carta Porte complement is added, as applicable, to taxpayers who carry out reverse logistics operation by motor transport, which consists of transporting goods or merchandise upon return from their point of origin, either through inventory return processes or refunds.
Rule 2.14.7. Conditions for the reduction of fines to be valid in accordance with Article 74 of the Federation Tax Code
The fact that the reduction of fines will not be applicable to those who have been authorized to reduce fines and have completely or partially challenged a credit or, where applicable, have requested the initiation of a dispute resolution procedure established in the treaties to avoid the double taxation of those which Mexico has in force is added.
Income Tax Law (ITL)
Rule 3.10.5. Assumptions and requirements to obtain authorization to receive deductible donations
The first section of said rule referring to the definition of the corporate purpose or authorized purpose in which it was previously mentioned that the corporate object or authorized purpose must be stated in the relevant authorization document, as well as in the directory of civil organizations and trusts authorized to receive deductible donations is deleted. However, this does not mean that said directory has been deleted or undergoes any changes.
Mexican Tax Authorities (SAT, for its acronym in Spanish) may verify that all established requirements are met, either to obtain authorization to receive deductible donations or if the authority detects that any requirement is not met when civil organizations and trusts already have it. In the latter case, the authorization revocation process may begin.
Finally, the fact that when the tax authority detects any cause to initiate revocation of the authorization to receive deductible donations, it may extend the period granted to comply with requirements up to two times is added.
Rule 3.10.10. Informative declaration to guarantee the transparency of assets and the use and destination of the donations received and activities intended to influence legislation
Legal entities and trusts that are authorized to receive deductible donations must make information related to the authorization available to the general public, in addition to the intended use of their assets and the donations received.
Rule 3.13.24. Simplified Trust Regime (RESICO) exit notification
The option that natural persons who stop paying taxes under RESICO due to non-compliance with their tax obligations will be notified through the contact means registered with the authority or by counts through the SAT Portal is deleted. So, it may be concluded that the authority shall have the power to change the regime for RESICO taxpayers without prior notice.
Rule 3.13.33. Cancellation of the global Online Digital Tax Receipt RESICO taxpayers
The deadline is extended so that taxpayers who pay taxes under the RESICO may cancel the global Online Digital Tax Receipts that they issue, which shall not be later than the month in which they must submit the annual income tax declaration corresponding to the fiscal year in which the tax receipt was issued.
Rule 3.7.12. Informative declaration of employment subsidy
As part of the approvals that the tax authority carries out regarding payroll online digital tax receipts and their complements through the new versions, the assumption of the obligation for payroll tax receipts to be issued when the employment subsidy caused has not been paid in cash is updated, since currently said information is displayed in the online digital tax receipts themselves and their complements.
Rule 3.18.28. Financing entities for the purposes of agreements to avoid double taxation
For the purpose of the agreements to avoid double taxation, the Kingdom of Norway is added as financing entity, specifying that, with respect to said country, Export Finance Norway must also be considered as the entity referred to in Section 4, Subsection b).
Rule 3.18.31. Competent authority for submitting the application for registration to the FTR as a retainer for artistic activities other than public or private performances
This rule is repealed because it made reference to Article 293 of the ITL Regulations repealed in fiscal year 2016, which established the income tax withholdings applicable to residents abroad who carried out artistic activities in national territory other than performance of public shows.
Hydrocarbons Revenue Law (HRL)
Rule 10.19. Update of the Right to Surveillance of Hydrocarbons and the Tax for the Activity of Surveillance and Extraction of Hydrocarbons established in the HRL
The quotas applicable from January 1, 2024 are established. The update factor is upgraded from 1.0779 to 1.0432.
Taxpayers required to issue Online Digital Tax Receipts to which the Carta Porte complement is incorporated may continue to issue them in version 2.0 until March 31, 2024.
At Mazars we are at your service to resolve any questions or concerns regarding the most recent updates to the MTR.