Starting in January 2015, Mexican taxpayers (including Mexican subsidiaries of our clients) are required to submit their tax accounting information electronically to the Mexican Treasury on a monthly basis. The first group of taxpayers that have to comply with this new requirement are Mexican companies that are not listed on a stock exchange and reported in 2013 annual revenues greater than 4 million pesos. These taxpayers must submit their tax accounting files electronically to the Mexican Treasury no later than March 3, 2015.
In addition to the administrative burden created by this new regulation, the Mexican Treasury will have the authority to control and have continuous access to a taxpayers’ tax accounting records, even without having previously initiated an audit against the taxpayer. Even if they wish to comply with this regulation, it is anticipated that many taxpayers may have difficulty adjusting their tax accounting records sufficiently to meet the requirements (which include requiring that tax accounting records be linked to electronic invoices). Therefore, this scenario could create legal uncertainty because these tax accounting requirements (or their modification) are left to the discretion of the Mexican Treasury.
In order to challenge this new requirement, a taxpayer may file a constitutional challenge lawsuit (amparo) against the Mexican Treasury and request an order suspending the obligation to submit its electronic tax accounting records on a monthly basis. The deadline to file an amparo lawsuit is February 12, 2015 or within fifteen days following the first time that the taxpayer electronically submits the tax accounting records to the Mexican Treasury.
Taxpayers that file an amparo lawsuit may be able to obtain an order staying the obligation to electronically file such information with the Mexican Treasury due to the fact that the Mexican Supreme Court of Justice has established a judicial precedent which requires that every amparo court grant a stay order for this type of matter.