New obligation to inform Mexican Tax Authorities about changes in the ownership structure of Mexican companies

Among the changes made to the Federal Tax Code of 2020, there is a new obligation for companies: the submission of “Notice to update partners or shareholders” whereby the SAT is going to be informed about the name and tax id (RFC) of the partners or shareholders of each company. This notice should be provided every time a change or incorporation of partners or shareholders takes place.

According to the new tax provisions, the presentation of this notice must be done within 30 days after the modification or incorporation of partners through the electronic form “Clarification Service” in other procedures or services at the SAT website. Also, for the presentation of this notice the taxpayer should have a digitalized version of the protocolized document in which the modifications previously mentioned appear, since these must be sent altogether with the notice. The status of the notice can be consulted past 7 business days of the presentation with the folio number in the acknowledgement receipt.

It is important to mention that in order to obtain the aforesaid acknowledgment , no additional steps should be taken. The presentation of this notice does not involve any verification by the tax authorities.

The transitory articles of the general tax rules (RMF), establish that all companies that do not have their partners or shareholders information updated before the tax authorities, should present this notice no later than June 30, 2020. It is important to consider that in connection with this transitory rule, it is unclear which taxpayer has the updated partners and shareholders’ information, considering the latter, we advise you to analyze your situation and in case of  any doubt our recommendation is to submit the notice no later than June 30, with the partners and shareholders’ structure as it is at that moment whether this has changed or not.

Please note that being this a new obligation for taxpayers it must be fulfilled with all the requirements established in the tax provisions to avoid any kind of fines related to noncompliance with RFC notices.