As part of the transfer pricing obligations, the following information returns must be prepared and filed:
- Annex 9 of the Multiple Informative Declaration (DIM)
- Local Declaration
- Master Declaration
- Country-by-Country Statement
A brief explanation of each will be given below:
- Regarding Annex 9 of the DIM, this must be submitted by those taxpayers that carry out operations with related parties, regardless of their tax residence. This document includes information obtained from the transfer pricing analysis performed by the advisor, such as the number of comparables, market range, financial information, etc. This information must be submitted with respect to transactions carried out in 2022 no later than May 15, 2023.
- Taxpayers required to file the Local Return are those who have carried out operations with related parties and who have obtained in the immediately preceding fiscal year income in excess of $904,215,560. As part of this return, certain documentation related to the intercompany transactions carried out must be included, as well as additional information such as the value chain, description of the administrative structure, strategies and business restructurings, among others. This document must be submitted before May 15, 2023. It is important to mention that, according to the tax reform for 2022, the related parties of the companies that are obliged to file a tax return, will have to file the local return in the same manner, even if they have not exceeded the income limit mentioned above.
- The master statement includes certain information regarding the structure of the Multinational Group, such as the description of intangible assets, financial activities, etc. This information must be submitted no later than December 31, 2023.
- Finally, the country-by-country statement provides summary data for each jurisdiction in which the Group's companies are located, including revenues, profit, taxes, etc. This statement must be filed no later than December 31, 2023.
New legal provisions for the obligation to file Annex 9 of the SID:
On December 27, 2022, the Miscellaneous Tax Resolution (RMF) for 2023 and its Annexes were published in the Official Gazette of the Federation (DOF), which is effective as of January 1, 2023. Rule 3.9.19 is incorporated, which states that taxpayers that carry out transactions with related parties may choose not to submit the information in Annex 9 of the Multiple Informative Declaration (DIM), as long as the taxpayers that carry out business activities do not exceed 13 million pesos in the immediately preceding fiscal year, or that they have not exceeded 3 million pesos in the rendering of professional services in such fiscal year.
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