Since 2018, it is mandatory to present the Informative return on the Taxpayer Situation (ISSIF for its acronym in Spanish) together with the annual tax return. For the 2021 tax return, those who are required to file it must do so no later than March 31, 2022.
Who presents it?
- Legal Entities of the General Regime of the Income Tax Law, who in the last declared fiscal year had gross taxable income equal to or greater than $904,215,560.00 MXN, as well as those who at the immediately preceding fiscal year have shares placed among the investing public, on the stock market. This amount increased compared to previous years, since in 2020 the gross taxable income to file the ISSIF was $842,149,170.00 MXN.
- Mercantile companies that belong to the optional tax regime for groups of societies.
- Parastatal entities of the federal public administration.
- Legal entities residing abroad who have a permanent establishment in Mexico, for the activities carried out in said establishments.
- Any legal entity residing in Mexico, regarding the operations carried out with residents abroad.
- Taxpayers who are related parties of the legal entities of the general regime that are required to audit their Financial Statements, that is, of the legal entities that in the last fiscal year declared a cumulative income equal to or greater than $1,650,490,600.00 MXN, and/or those that at the close of the immediately preceding fiscal year have shares placed among the investing public, on the stock market. This subsection is new, from the last reform to the Federal Tax Code (CFF for its acronym in Spanish).
Who can skip submitting the ISSIF?
Taxpayers who are required to submit the ISSIF for carrying out operations with residents abroad, may choose not to submit it when in the fiscal year the total amount of these operations are less than $100,000,000.00 MXN.
ISSIF Presentation
In the Miscellaneous Tax Rules, published on December 27, 2021, it was announced that taxpayers required to submit the ISSIF, including the one submitted in complementary form, must have a valid electronic signature certificate (e.firma) and send it through the SAT Portal, using the format that corresponds them according to their sector or activity.
In previous exercises, the taxpayers had the option to fill only the sections in the ISSIF that apply to them; however, in the Miscellaneous Tax Rules for 2022, this rule was removed. Hence, it is now mandatory to fill all sections in the ISSIF to consider the obligation as complete.
What happens in the case of mergers?
In the case of a merger operation, the surviving company (merging) must sign and capture the information of the company that fulfills the role of merged, through the ISSIF application, and send it together with the tax return of the exercise of said merged company.
Option to submit SIPRED instead of ISSIF
Taxpayers who are required or opt to submit a Statutory Tax Report can consider the obligation to present the ISSIF to be fulfilled. The SIPRED (Statutory Tax Report Presentation System) is the program designed by the SAT to present tax reports online.
Penalties
Omitting the presentation of the taxpayer’s ISSIF or making its presentation incomplete is an infraction related to the obligation to keep the taxpayer’s accounting, which is sanctioned with a fine that can be from $15,410.00 to $1,354,050.00 MXN (art. 84 CFF).
References
- Federal Tax Code: Articles 32-A y 32-H
- Miscellaneous Tax Rules for 2022: 2.16.3, 2.16.4, y 2.16.1
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