ARTICLE 30: PLACE AND TERM TO CONSERVE THEIR ACCOUNTING

People obliged to conserve their accounting must keep it available to the tax authorities in accordance with section III of article 28 of this Code. (CFF: Art. 28)

People who are not obliged to conserve their accounting must keep at their home available to the authorities, all documentation related to compliance with tax provisions.

The documentation referred to in the preceding paragraph of this article and the accounting must be kept for a period of five years, counted from the date in which the related statements were submitted or should have been submitted. In the case of the accounting and documentation corresponding to acts whose fiscal effects are prolonged over time, the reference period will begin to be computed as of the day on which the fiscal declaration of the last fiscal year in which said effects occurred. In the case of the documentation corresponding to those concepts in respect of which a remedy or judgment had been promoted, the period to conserve it will be computed from the date on which the resolution that terminates them is signed. In the case of the constitutive acts of the legal entities, of the partnership agreements in participation, of the records in which the increase or decrease of the capital stock, the merger or corporate spin-off, of the certificates issued or receive by legal entities in the terms of the Law on Income Tax (Ley del Impuesto sobre la Renta) when distributing dividends or profits, of the necessary information to determine the adjustments referred to in articles 22 and 23 of the aforementioned law, as well as of the payment declarations provisional and of the exercise, of the federal contributions, said documentation must be kept for the entire time in which the company or contract in question subsists.

Documents with advanced electronic signature or digital stamp (CFF: Art. 17E), must be kept in accordance with the general rules issued for this purpose by the Service Tax Administration (Servicio de Administración Tributaria).

In the event that the tax authority is exercising faculties of verification with respect to the fiscal years in which tax losses from previous years are reduced, or amounts are received for loans, granted or received, regardless of the type of contract used, taxpayers must provide documentation proving the origin and source of tax loss or the supporting documentation of the loan, regardless of the year in which the loss or loan originated (CFF: Art. 42). The foregoing shall also apply in the case of contracting debts with creditors, or for the recovery of debtor credits. The individual shall not be obliged to provide the documentation requested above when, prior to the exercise of the faculties of verification, the tax authority has exercised said faculties in the year in which it generates tax losses from which its verification is requested, unless these are unreviewed facts.

The information provided by the taxpayer may only be used by the tax authorities in the event that the determination of the tax losses does not match the facts stated in the statements presented for such purposes.

When, at the beginning of a home visit, taxpayers have failed to register records in their accounts within the term established in the tax provisions, such records may only be made after the corresponding omission has been recorded in partial minutes; This obligation subsists even when the authorities have designated a depository other than the taxpayer, provided that their accounting remains in one of its establishments. The taxpayer must continue to keep their accounting regardless of the provisions of this paragraph.

Taxpayers with establishments, branches, premises, fixed or semi-fixed place on public roads, must have available to the tax authorities in those places and, where appropriate, in the place where the goods are stored, their tax identification card issued by the Service Tax Administration (Servicio de Administración Tributaria) or the request for registry in the federal taxpayer registration or a certified copy of any of said documents, as well as the receipts that protect the legal possession or ownership of the merchandise they have in those places.

Notwithstanding the provisions of the preceding paragraph, taxpayers who, in the places indicated in said paragraph, have their tax identification card or the request for registry in the federal taxpayer registration or a certified copy of any of said documents, and the notice of opening referred to in the Regulations of this Code, in relation to article 27 (CFF: Art. 27), section B, section II of this Code, will not be obliged to have available to the tax authorities in those places, the receipts that protect the legal possession or ownership of the merchandise, in which case they must keep said receipts available to the authorities at their fiscal address in accordance with the provisions of this Code.