May 31, 2022
Since 2022 and according to the Federal Fiscal Code (“FFC”) (Articles 32-B Ter, Quáter and Quinquies, as well as to the Miscellaneous Tax Resolution for 202) all taxpayers are obligated to obtain, keep and provide to the Mexican tax authorities when so requested, information of individuals who are considered to be the ‘controlling beneficiaries’ of legal entities. In order strengthen the collection powers of tax authorities, an obligation applicable to all Mexican legal entities, trustees or settlors, parties integrating or contracting through any other legal construct, notaries, brokers, and any other person intervening in the incorporation of legal entities or in trusts or in any other legal construct (the “Obligated Parties“), was added, for these subjects to obtain and preserve, as well as provide, at the request of the Tax Administration Service (“TAS“), the reliable, complete and updated information of their Controller Beneficiaries.
Under the FFC, the Controller Beneficiary is understood as the individual or group of individuals that:
All legal entities shall identify, verify, validate and update the information on their Controller Beneficiaries, indicating their participation percentages in the capital stock, taking into account the “Ownership and Control Chains”.
In case no individual is identified using the aforementioned criteria, the Administrative Organ shall be considered as Controller Beneficiary, whether the Sole Administrator or each of the members of the Board of Directors.
The information of the Controller Beneficiary that legal entities, trustees, settlors and integral or contracting parties of any other legal construct, must collect is the following:
In the cases of Ownership or Control Chains, the following information shall also be available:
In case of not obtaining, not maintaining, or not submitting reliable, complete, and updated information of each Controller Beneficiary that is part of the legal entity, trust, or legal construct in question, as required by the TAS; not keeping updated information or submitting information that is incomplete, inaccurate or with errors, fines __from $500,000.00 to $2,000,000.00 MXN __ shall be imposed, as appropriate (approximately USD 25,000.00 to $100,000.00). (Art. 84 M and 84 N of FFC)