In accordance with the provisions of article 178 of the LISR, residents in Mexico and foreign residents with a permanent establishment in the country must submit an information statement on income in the month of February of each year, before the authorized offices. that they have generated or generate in the immediately preceding fiscal year subject to preferential tax regimes (hereinafter “Informative declaration of foreign entities subject to preferential fiscal regimes”), or in companies or entities whose income is subject to said regimes, corresponding to the fiscal year immediately previous. For the purposes of said article, both deposits and withdrawals are considered income subject to preferential tax regimes.

Article 178 of the LISR continues to point out that taxpayers who generate income of any kind from any of the territories indicated in the transitory provisions of this Law, as well as those who carry out operations through foreign fiscal transparent entities and foreign legal entities, must present in the month of February of each year the “Informative Declaration of foreign entities subject to preferential tax regimes”,sin que por este solo hecho se considere que se están generando ingresos subject to preferential tax regimes, unless they are located in any of the cases provided for in the provisions contained in the LISR, or when they do not comply with the presentation of the informative declaration in question.

It is worth mentioning that rule 3.19.5. of the RMF for the 2023 financial year establishes that taxpayers may consider that the informative return referred to in article 178 referred to above is submitted within the term, when the presentation of said informative return is spontaneously complied with, provided that it is submitted to at the latest within the three months following that in which there was a legal obligation to do so. The provisions of said rule will not be applicable when the informative return is submitted incomplete and is not submitted in accordance with the established formats.

That is, the aforementioned rule provides a facility for taxpayers who do not comply on time with the presentation of the “Informative return of foreign entities subject to preferential tax regimes”, a facility that is subject to certain conditions and to the validity of said miscellaneous rule, which is why in order to avoid any contingency we highly recommend that the informative return be submitted during the month of February 2023.

We remain at your disposal for any doubt or clarification in relation to this publication.

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Mexico City, Mexico

February 2023