Mexico: Update on taxpayers’ “electronic accounting” requirements

Mexico: Taxpayers’ “electronic accounting” requirements

Taxpayers that failed to provide their “electronic accounting” information (contabilidad electrónica) corresponding to any periods beginning 1 January 2015 to 31 October 2016, had until the end of April 2017 to submit their accounting information—unless the taxpayers were granted temporary and final suspension relief after initiating an amparo action. In such instances, these taxpayers may not yet be required to submit their accounting information, given that there is a suspension in effect.

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A provision of Mexican tax law relates to accounting records for tax purposes. Mexican taxpayers are required to maintain electronic accounting books and records and file them on a monthly basis with the tax administration. Taxpayers have challenged this requirement using amparo actions. Under Mexico’s legal system, decisions declaring a tax law as “unconstitutional” do not have the effect of invalidating the measure. Rather, the reach of the court’s injunctive relief—amparo—is limited to those taxpayers who petitioned the court and obtained a favorable ruling. All other taxpayers must comply with the law as written—even though the law may be unconstitutional—until each taxpayer obtains an amparo and invokes the protection of the federal courts.

Taxpayers awaiting final judgment on their amparo actions may be relieved of the electronic accounting requirements if the court grants the amparo concerning information for the period from 1 January 2015 to 31 October 2016.

 

Read a May 2017 report (Spanish) prepared by the KPMG member firm in Mexico

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