Auto Regularization of the Tax Administration
Service Program ("SAT")
On December 28, 2018 it was published in the Federal Official Gazette (“DOF”), the Federal Income Law 2019 (“LIF2019”) for the Tax Year 2019, in its Transitory Article Fourteenth is set forth the auto regularization program, in reference to the persons who perform any vulnerable activities under the framework of the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin (“Anti Money-Laundering Law”).
Transitory Article Fourteenth
On the Anti Money-Laundering Law the policies and procedures are set forth to prevent and detect illegally-sourced funds, therefore, it points out which are those considered as “Vulnerable Activities”, being those activities performed by the Financial Entities, as well as those referred in the article 172 of the aforementioned law, and henceforth these activities are subject to identification before the Ministry of Finance and Public Credit (SHCP).
Likewise, the Anti Money-Laundering Law in its article 184 sets forth the obligations for the persons who perform any activity classified as vulnerable.
Auto Regularization Program
Under the text of the transitory article 14 of the LIF2019, all those subject under the regime of the article 17 of the LFPPIORPI and obliged to comply with the obligations set forth in the article 18 of the aforementioned law, shall, previous authorization of the SAT implement, the auto regularization program.
This program shall be applicable for the persons who have not complied with their obligations set forth in the article 18 of the Anti Money-Laundering Law from July 1, 2013 to 31 December 31, 2018, but they must be up to date with their tax obligations of 2019.
The effects of the aforementioned program, will be the following:
- Any penalty shall be enforced in regard to the breach of the obligations with respect to the aforementioned period.
- The SAT may waive the fines that stem from those obligations during the non-compliance period covered by the program.
- The limitation period for the imposition of the corresponding penalties shall be interrupted.
The Transitory Article Fourteenth of the LIF2019 provides that SAT in order to regularize the compliance of the aforementioned obligations, shall issue and publish on the DOF the general rules that regulates the application of the auto regularization programs in a maximum period of 60 (sixty) days of the entry into force of the LIF2019.