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Third Resolution of Amendments to the Miscellaneous Tax Resolution for 2022 (“MTR”)

April 29, 2022

On April 29, 2022, the MTR was published in the Federal Official Gazette (hereinafter, the “DOF“).

This publication points out the main topics and excludes those industries which do not apply to our clients.

Merger Notice (Process form 86/CFF from Appendix 1-A)

Form 86/CFF of Appendix 1-A, which establishes the requirements that must be complied with to file the Notice of cancellation in the RFC due to merger of companies, is amended.

Taxpayers may request an appointment for the filing of the notice once they have obtained the Acknowledgement of Compliance pursuant to Article 27 of the CFF, in terms of processing form 316/CFF.

It is now a requirement to provide proof of the tax domicile of the merging company, as well as the notarial document evidencing the merger.

Transactions between related parties

Various regulatory criteria are eliminated, the foregoing in harmonization with the amendments made to Article 76 of the Income Tax Law (hereinafter, “ITL“) effective as of January 1, 2022, in connection with the obligation to obtain and keep documentation with respect to transactions entered with both foreign and Mexican related parties.

Several non-binding criteria are modified to refer to the concept of profit margins that was incorporated to Article 76 of the ITL as of 2022 to demonstrate that income and deductions are at market values.

Net Tax Income (Regulatory criterion 36/ISR/N)

Elimination of the criterion establishing that, to calculate the Net Tax Profit for the year, taxpayers should not be subtracted the employees’ participation in the profits of the company from the tax result for the year.

Interest paid to residents abroad (Regulatory criterion 64/ISR/N)

Elimination of the criterion extending the application of the 4.9% income tax withholding rate not only to interest earned from negotiable instruments, but also from certificates, acceptances, loans, or other credits from certain financial institutions (Sociedades Financieras de Objeto Múltiple) that are part of the financial system.

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