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ARTICLES

LEGAL RESOURSES

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$ 17.35

    • ARTICLE 198: ASSUMPTIONS IN WHICH TAXPAYERS ARE OBLIGED TO REVEAL REPORTABLE SCHEMES

    Taxpayers are obliged to reveal reportable schemes in the following cases:

  • When the tax advisor does not provide them with the identification number of the reportable scheme issued by the Service Tax Administration (Servicio de Administración Tributaria), nor grant a certificate stating that the scheme is not reportable.

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  • When the reportable scheme has been designed, organized, implemented, and administered by the taxpayer. In these cases, when the taxpayer is a legal entity, the individuals that are the tax advisors responsible for the reportable scheme that have shares or participations in said taxpayer, or with those who maintain a subordination relationship, will be excluded from the obligation to reveal provided that the provisions of section II of article 200 (CFF: Art. 200) of this Code.

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  • When the taxpayer obtains tax benefits in Mexico from a reportable scheme that has been designed, commercialized, organized, implemented, or administered by a person who is not considered a tax advisor according to article 197 (CFF: Art. 197) of this Code.

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  • When the tax advisor is a resident abroad without a permanent establishment in the national territory in accordance with the Law on Income Tax (Ley del Impuesto sobre la Renta), or when having it, the activities attributable to said permanent establishment are not those carried out by a tax advisor according to article 197 (CFF: Art. 197) of this Code.

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  • When there is a legal impediment for the tax advisor to reveal the reportable scheme.

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  • When there is an agreement between the tax advisor and the taxpayer to latter obliged to reveal the reportable scheme.

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    The taxpayers obliged in accordance with this article are residents in Mexico and residents abroad with a permanent establishment in the national territory in terms of the Law on Income Tax (Ley del Impuesto sobre la Renta), when their declarations provided by the tax provisions reflect the tax benefits of the reportable scheme. They are also obliged to reveal in accordance with this article said people when they carry out operations with related parties residing abroad and said schemes generate tax benefits in Mexico to the latter due to said operations.