Request of data in the “RFC” for issuance of “CFDI” with payroll complement

As of January 1, 2023, rule 2.7.1.48, in the Miscellaneous Tax Resolution for 2023 (“Resolución Miscelánea Fiscal para 2023”) came into force with the purpose of establishing the facility by means of which the necessary information for a correct payroll invoice may be requested through the Tax Authority’s Portal (“Portal del SAT”).

In this regard, the rule establishes that for purposes of issuing invoices with the requirements of the CFDI 4.0 version, those who make payments for salaries and in general for the rendering of a subordinated personal service, that is, employers, who are obliged to issue a CFDI for such concepts, may request from the tax authority through the Tax Authority’s Portal, the information relative to the registration in the Federal taxpayer registration (“RFC” per its acronym in Spanish) of the persons to whom they make the aforementioned payments, that is, the employees.

This request can be made as long as during the last 12 months, the applicant (the employer) has made payments to the employees for the same concepts in terms of the Mexican Income Tax Law (“Ley del Impuesto sobre la Renta”).

The persons obliged to issue CFDIs may make the aforementioned request a only once , in accordance with thr form 320/CFF "Request for data in the RFC of salaried employees", included in Annex 1-A of the Miscellaneous Tax Resolution. for 2023, up to March 31st, 2023.

To make the request you must comply with the following requirements:

• “RFC” of the employee.

• To have a password.

• Not to be published in the blacklists of the Tax Authority, referred to in articles 69 and 69-B of the Federal Tax Code (“Código Fiscal Federal”), except for forgiven credits.

• To have issued CFDI for the concepts of salaries and in general for the rendering of a subordinated personal service, at least once in the last 12 months to the workers whose information is requested

• To have filed your annual tax return for the immediately preceding fiscal year.

Once the aforementioned requirements and conditions are met, the Tax Authority will send an acknowledgement of response with the workers' RFC registration data. If the requirements and conditions are not met, the Tax Authority will issue an acknowledgement of response indicating the reason why the request did not proceed. The term for the Tax Authority to solve the procedure is 10 business days.

Restructuring

Müggenburg, Gorches and Peñalosa's restructuring practice includes representation of corporate debtors, hedge funds, in various industries, etc., in restructuring proceedings and bankruptcy equivalents (insolvency proceedings).

Mergers & Acquisitions

We provide services in acquisitions, sales, mergers, spin-offs, reorganizations and co-investments, representing national and foreign clients operating in various industrial and commercial sectors.

Corporate /Transactional

At Müggenburg, Gorches y Peñalosa we provide legal services in all aspects of corporate law practice. Our group of professionals in this area has years of experience providing services to both national and international clients, with the most diverse needs and the highest standards of demand and sophistication in the service. Among our clientele are leading companies in their sectors worldwide, such as automotive, cosmetics, hotels and tourism, food industry, aeronautical industry, computer programs and systems, suppliers of the oil industry, technology, among others.

We advise our clients on the constitution of Mexican companies (commercial and civil) and associations, attending to the needs derived from the industry and/or commerce segment in which they focus their activities and their medium and long-term plans, also providing services for compliance with the regulatory requirements that may apply, including those derived from direct foreign investment, economic competition and obtaining the necessary licenses and permits for its operation. Our services also extend to the provision of corporate services within the ordinary course of business of our clients, including advice on the preparation, review and negotiation of all types of civil and commercial contracts, and the custody, updating and maintenance of corporate books. . We also provide services related to the opening and management of branches in Mexico of foreign companies.

We represent domestic and foreign corporate and/or investment groups in the acquisition of, and/or merger with, Mexican business entities, and on other occasions we also represent acquired Mexican entities. In both cases, we provide legal audit services to anticipate possible contingencies of the operation, locate areas of opportunity, and help determine the value of the company to be acquired. Likewise, on behalf of the acquirer, we prepare the legal documentation of the operation (specifically share purchase and/or association contracts, with all their annexes and accessory contracts), and we carry out the negotiation of the same with the counterparty. Likewise, in these cases we participate directly in the processing and obtaining of any authorizations, permits, licenses and concession titles required for the operation of our clients, and we advise on notices and notifications to government entities, including notifications to, resolutions and opinions of the Federal Commission of Economic Competition.

We provide advisory services for corporate restructuring and reorganization, also including international corporate groups with a presence in Mexico. In these cases we have worked in coordination with groups of financial and accounting advisors both from Mexico and abroad, and we have coordinated legal audits of subsidiaries of entities acquired in several Latin American countries (Argentina, Brazil, Chile, Colombia and Peru, among others, with local legal advisers in each case).

We advise on operations of association in participation, "joint-ventures", preparation and negotiation of agreements between shareholders, merger and spin-off of legal entities, establishment of trusts of any type, constitution of guarantees on any type of property, repurchase of shares by of companies listed on the Mexican Stock Exchange, as well as in the structure of purchase option plans and other types of specialized corporate operations.

We also provide services for the development of mechanisms that allow the efficient and effective anticipation and management of potential conflicts between shareholders; in this regard, we have represented groups of shareholders of Mexican companies in the implementation of corporate actions to defend their interests against the rest of the shareholders and the Company itself on internal corporate control issues, generally in coordination with litigation areas in matters commercial and civil.

Depending on each particular project or operation, we rely on other specialty areas of the Firm, in order to provide comprehensive services, under the highest standards of quality and efficiency.

Mergers & Acquisitions

We provide services in acquisitions, sales, mergers, spin-offs, reorganizations and co-investments, representing national and foreign clients operating in various industrial and commercial sectors.

Restructuring (Corporate and Financial)

Müggenburg, Gorches and Peñalosa's restructuring practice includes representation of corporate debtors, hedge funds, in various industries, etc., in restructuring proceedings and bankruptcy equivalents (insolvency proceedings).