Controlling Beneficiaries

Validity

As of January 1, 2022

Legal Basis

Articles 32-B Ter, 32-B Quater and 32-B Quinquies of the Federal Tax Code (CFF) in correlation with rules 2.8.1.20 to 2.8.1.23 of Miscellaneous Tax Resolution 2022 (RMF) and articles 84- M and 84-N of the CFF itself.

Who are the controlling beneficiaries?

• Always is and will be a individual.
• Subjects who, through companies, contracts or third parties, kept their identity reserved, anonymous or hidden.
• Real or final beneficiary, who may be different from the legal or nominal owner of one or good.
• Those who participate in a legal entity, trust or any other legal form and who directly or indirectly obtain benefits or exercise the rights of use, enjoyment, benefit, use or disposal of a good or service exercise control of the legal entity, trust or any other legal figure.
• When no individual is identified, the controlling beneficiary will be considered to be the individual who holds the position of sole administrator or each member of the board of directors, as appropriate.

Obligation

• It is a different and separate tax obligation from the obligation to identify controlling beneficiaries in vulnerable activities in terms of anti-money laundering law.
• Preserve and keep up to date as part of their accounting the corresponding information of their controlling beneficiaries in order to keep it available when the tax authority requires it.
• Identify and disclose chains of ownership and control.
• Identify and disclose the controlling beneficiaries, including legal entities or trusts or legal figures that are made up of foreign individuals or by national or foreign legal entities, for which the corresponding chains of ownership and control must be identified.
• Likewise, the obligation is not only applicable to legal figures that are required to register in the federal registration for taxpayers (RFC) or those governed by Mexican law, so this obligation is also applicable in the case of trusts, limited partnerships, among others.

Obliged Subjects

• Legal entities
• Notaries public
• Trustees, settlors or trustees
• Financial institutions (for purposes of the Income Tax Law in the case of information related to financial accounts)

Sanctions

• Between MX$500,000.00 and up to MX$2,000,000.00 for each controller beneficiary not validated or identified.
• Negative opinion of compliance with tax obligations (which may imply restriction of digital stamps or suspension of importer or exporter registers)

Verification powers

• Home visits and cabinet reviews apply

For further information please contact:

Kennya Ramírez
Senior Tax Consultant
kennya.ramirez@ecovis.mx
ECOVIS México
CDMX, Office