Client Alert

On December 27th, 2022, the Mexican Tax Authority published the Tax Regulations for 2023, including a relevant amendment applicable to the controlling beneficiary (rules 2.8.1.20 and 2.8.1.22 specifically), whereby the authority clarifies the Criteria for identifying the controlling beneficiary of legal entities.

On December 14th, 2022, the Mexican Senate approved the decree that amends articles 76 and 78 of the Federal Labor Law with the purpose of increasing the vacation periods of all employees in Mexico and was sent to the Federal Government for publication in the Federal Official Gazette.

The Multiple Immigration Form (FMM, for its acronym in Spanish) is the migratory document issued by the National Migration Institute (INM, for its acronym in Spanish), which allows foreigners to prove their regular migratory status in the country.

On October 10 th , 2022, the Ministry of Health, with the work of the New Normal Committee and IMSS, issued a "Joint Release" in which they inform the basic preventive measures in the current context of the pandemic caused by the SARS-CoV-2 virus.

The importance of regulating working conditions, when teleworking is chosen, lies in the difficulty that implies guaranteeing such conditions in a place that is different to the company's workplace. This modality presents advantages for employers and employees, but also entails the fulfillment of labor obligations for both of them.

As of this year, Mexican companies with foreign partners or shareholders without a permanent establishment in Mexican territory involved in the sale of their shares or equity interests must file a notice before the Tax Authority ("SAT"). Such obligation is the result of the amendment to Article 76 of the Income Tax Law (“LISR”) and Rule 3.9.18 of the General Tax Rules (“RMF”).

On July 6 th , 2022, the Mexican Social Security Institute (IMSS, by its acronym in Spanish) published a press release informing to the general public the procedure the expedite the labor incapacity for affiliated employees infected with COVID-19. The new procedure does not require the affiliated employee to schedule a doctor´s appointment at IMSS, and the corresponding permit will be issued electronically through a digital tool called " COVID-19 Permit version 4.0". The purposes of this new expedited and electronic procedure is to break the chains of infection of COVID-19.

The Ministry of Labor and Social Welfare (STPS, by its acronym in Spanish) points out new strategies and lines of action to monitory compliance with regulations.

New Rules and criteria of the Ministry of Economy on Foreign Trade matters On May 9, 2022, the Ministry of Economy issues the Accord setting forth the general rules and criteria on foreign trade matters (the "Accord"). This Accord includes different interpretation criteria, updates normative references and removes specific formalities and requirements that made certain administrative procedures and foreign trade formalities more complicated to comply when filed before the Ministry of Economy (SE). In this regard, Cuesta Campos committed to support you company with the full compliance of its foreign trade obligations, informs you the relevant issues of this publication that could have an impact on your operations.