Who is obligated?
Local and Master declarations, apply to:
• Taxpayers who in the last immediate previous fiscal year have recorded cumulative income of $815,009,360.00 pesos
• Taxpayers who at the end of the immediate previous fiscal year have shares placed among the great investing public, and in the stock market.
Country-by-country declaration, applies to:
• Those who obtained in the immediate previous fiscal year, income equivalent to or greater than twelve billion pesos.
I. Related Parties Master Information Declaration:
The information focuses mainly on providing global information of the Multinational Group to which the taxpayer belongs.
Through a miscellaneous fiscal rule, it is foreseen that when a group of taxpayers make operations of related parties and are part of the same multinational business group, they may jointly file a single Annual Informative Declaration, provided that the obligated taxpayer and belonging to the multinational business group, selects in said declaration the option of joint declaration.
II. Related Parties Local Information Declaration:
This informative will provide specific information of the taxpayer in Mexico, through the analysis of their operations according to transfer prices.
It is important to note that this informative statement will not be very different from the current declarations on transactions with related parties.
III. Country by Country Informative Declaration:
The information that will be provided is directly related to the global distribution of income, (including sale of inventories and properties, royalty services, interest, premiums and other concepts) its obligations and tax payments, the list of subsidiaries, as well as the countries in which these located, additionally must indicate the main activity of each member of the group.
For its presentation, in addition to having the obligation mentioned above, it must be found in one of the following cases:
A) They are multinational controlling legal entities, understood as those that meet the following requirements:
1. Are residents of Mexico.
2. Have subsidiary companies, permanent establishments, residing or located abroad.
3. Are not subsidiaries of another company resident abroad.
4. Are required to prepare, present and disclose consolidated financial statements under the terms of the financial reporting standards.
5. Report in their consolidated financial statements the results of entities with residence in one or more other countries or jurisdictions.
B) Are companies in Mexico, or permanent establishments in Mexico, that have been designated by the controlling legal entity of the multinational business group resident abroad, as responsible for providing the informative declaration country by country.
In accordance with the Income Tax Law, the obligation to submit the following informative declarations is established no later than December 31 of the year immediately following the fiscal year in question.
The penalty for not submitting these informative ranges from $154,800.00 to $220,400.00 pesos.