In June, the Second Chamber of the Supreme Court of Justice of the Nation declared constitutional articles 32-B Ter, 32-B Quáter and 32-B Quinquies of the Federal Tax Code and rules 2.8.1.20, 2.8.1.21 and 2.8.1.22 of the Miscellaneous Tax Resolution, regarding the identification of the Controlling Beneficiary.
In such legal precepts, the federal legislators established that legal entities, trustees, settlors or trustees, as well as the contracting parties or members, in the case of any other legal entity, are required to obtain and keep, as part of their accounting, reliable, complete and updated information of their controlling beneficiaries.
In the session held last June 14, by a unanimous five-vote decision, the Second Chamber of the highest court in Mexico resolved Amparo en revisión 109/2023, determining that the authority of the Tax Administration Service to require information on the person or group of individuals who control or benefit economically from participating in a legal entity, a trust or any other legal figure or act is constitutional and in accordance with the law.
In such session, the Ministers concluded that requiring information on the controlling beneficiary does not affect taxpayers’ rights.
In addition, in the resolution it is observed that the ministers considered that the measure consisting of obtaining and safeguarding the information regarding the controlling beneficiary for its delivery to the Tax Administration Service, does not affect a human right or a relevant good, from the constitutional point of view; in such a way that as it was advanced, we are in an assumption of ordinary motivation, since this figure strengthens the tax system.
Under this context, we invite to comply with the obligation regarding the identification of Controlling Beneficiaries, in order to avoid penalties that exceed one million pesos.
Derived from the above, the tax team of Vega, Guerrero & Asociados remains at your disposal to provide the corresponding support and advice for compliance with these provisions in tax matters.
