ARTICLE 201: OPERATING MECHANISMS OF REPORTABLE SCHEMES

The revelation of a reportable scheme in terms of this Chapter does not imply the acceptance or rejection of its tax effects by the tax authorities. The information presented in terms of this Title and that is strictly indispensable for the operation of the scheme, in no case may it be used as an antecedent of the investigation for the possible commission of the crimes provided for in this Code, except in the case of the crimes provided in the articles 113 (CFF: Art. 113) and 113 Bis (CFF: Art. 113 Bis) of this Code. Information obtained in accordance with this Chapter should be treated in the terms of article 69 (CFF: Art. 69) of this Code.

The revelation of these schemes will be made through an informative declaration that will be presented through the mechanisms available to the Service Tax Administration (Servicio de Administración Tributaria) for this purpose.

Generalized reportable schemes must be revealed within 30 days following the day the first contact is made for its commercialization. It is understood that the first contact is made for commercialization, when the necessary measures are taken so that third parties know the existence of the scheme. Personalized reportable schemes must be revealed no later than 30 days after the day the scheme is available to the taxpayer for its implementation, or the first legal fact or act that is part of the scheme is carried out, whichever comes first. Tax advisors and taxpayers obliged to reveal reportable schemes may do so from the moment they have finished their design.

The Service Tax Administration (Servicio de Administración Tributaria) will grant the tax advisor or taxpayer obligated to reveal an identification number for each of the reported reportable schemes. The Service Tax Administration (Servicio de Administración Tributaria) will issue a copy of the informative declaration through which the reportable scheme was reveal, an acknowledgment of receipt of said declaration, as well as a certificate where the identification number of the scheme is assigned.

The tax authority may request additional information from tax advisors and taxpayers, who must present such information or a demonstration under protest of telling the truth, to state that they are not in possession of it, within a maximum period of 30 days from the day following the notification of the request for additional information. If this requirement is not met, it is done incompletely or extemporaneously, the corresponding sanction will proceed according to this Code.