31 Jan General Tax Rules for 2024 – Relevant amendments for practical purposes.
On December 29th, 2023, the General Tax Rules (Resolución Miscelánea Fiscal in Spanish) for the fiscal year 2024 was published, as well as exhibits 1, 5, 8, 15, 19 and 27. The purpose of such document is to gather the general provisions on taxes, products, benefits, contributions for improvements and tax rights, with the exception of those related to foreign trade.
Among the amendments to the General Tax Rules, we identified two of utmost importance worth considering for the day-to-day operation of companies in Mexico.
Amendments in tax matters.
The General Tax Rules for 2023 and previous years contemplated in rule 2.4.15. the particularities of the information updating process, through the form 295/CFF, related to modifications or incorporations of partners or shareholders.
As of January 1st, 2024, all legal entities in Mexico will have the obligation, by means of such notice, to file updates and modifications on their capital stock and legal representatives.
This amendment creates a new obligation for Mexican companies, since they will be under the obligation to file the 295/CFF notice not only when the structure of partners, shareholders and other persons that are part of the organic structure of the legal entity is modified, but also when there are modifications of the persons or representatives that have relevant control, authorities for decision-making or considerable influence, and legal representatives.
Although the wording of the obligation refers specifically to modifications, in practice, the tax authorities do not have an updated record of the corporate status related to the capital stock and/or the legal representatives of each Mexican legal entity, therefore, it is of utmost importance that, in order to avoid subsequent rejections when there is a modification, an initial 295/CFF notice be filed in the web-platform of partners and shareholders referred in Exhibit 1-A of the General Tax Rules 2024, where the current corporate status is recorded. Once a modification is made, the portal itself will detect that there was a variation to the previous registration, and it is more likely that a positive resolution will be obtained.
Amendments in labor matters.
The General Tax Rules for 2024 include certain amendments to rule 2.4.6, regarding the notice of “registration of employees in the Tax ID Registry (“RFC”)”. Previously, only the notice of registration of employees in the RFC was contemplated as an obligation of the employer, in accordance with the technical characteristics of Form 40/CFF contained in Exhibit 1-A of the General Tax Rules.
In accordance with the General Tax Rules of 2024, the employer that has registered its employee under these terms will now have the obligation to give notice of suspension, reactivation or termination of the employment relationship.
Therefore, in the event that the employment relationship with an employee, who has been registered in RFC in accordance with this rule, is suspended, reactivated or terminated, the employer must file the “notice of suspension/reactivation of employee activities” under the terms of Form 75/CFF contained in Exhibit 1-A of the General Tax Rules in effect.
Should you have any questions or comments, please do not hesitate to contact our team of subject matter experts.
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Rafael Sánchez
Jorge González
Santiago Mena
THE ABOVE IS PROVIDED AS GENERAL INFORMATION PREPARED BY PROFESSIONALS WITH REGARD TO THE SUBJECT MATTER. THIS DOCUMENT ONLY REFERS TO THE APPLICABLE LAW IN MEXICO. WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURACY, NO RESPONSIBILITY CAN BE ACCEPTED FOR ERRORS OR OMISSIONS. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED ON AS LEGAL, ACCOUNTING OR PROFESSIONAL ADVICE BEING RENDERED.