Article 28 of the Mexican Federal Fiscal Code

Article 28 of the Mexican Federal Fiscal Code

Persons who, in accordance with the tax provisions, are required to keep accounting records, shall be subject to the following:

I. For tax purposes, accounting consists of:

1. The books, systems and accounting records, working papers, account statements, special accounts, social books and records, inventory control and valuation method, disks and tapes or any other processable means of data storage, the equipment or electronic systems of fiscal registration and their respective records, in addition to the supporting documentation of the respective entries, as well as all documentation and information related to compliance with the tax provisions, that which accredits their income and deductions, and that which is required by other laws; The Regulations of this Code will establish the documentation and information with which this section must be complied with, and the additional elements that make up the accounting.
2. In the case of persons who manufacture, produce, process, transport, store, including storage for their own use, distribute or dispose of any type of hydrocarbon or oil, in addition to the provisions of the preceding section, must have the equipment and computer programs to carry out volumetric controls and the certificates that accredit their correct operation and functioning, as well as the reports issued by a testing laboratory that determine the type of hydrocarbon or oil in question, the calorific value of the natural gas and the octane number in the case of gasoline. Volumetric controls of the products referred to in this paragraph are understood to be the volume records, object of their operations, including their stocks, which will be part of the taxpayer’s accounting.
   The taxpayers referred to in this paragraph are obligated to ensure that the equipment and computer programs to carry out volumetric controls operate correctly at all times.

The taxpayers referred to in this section must generate daily and monthly information reports of volumetric controls that must contain: the volume records from the reception, delivery and stock control operations obtained from the equipment installed at the points where hydrocarbons or petroleum products are received, delivered and stored; the data of the tax receipts or pedimentos associated with the acquisition and sale of hydrocarbons or petroleum products or, as the case may be, the services that were the object of such products; The information contained in the reports that determine the type of hydrocarbon or petroleum product, as well as in the certificates that certify the correct operation and functioning of the equipment and computer programs to carry out volumetric controls, in accordance with the general rules and the technical specifications issued for such purpose by the Tax Administration Service.

The equipment and computer programs to carry out volumetric controls, the certificates that accredit their correct operation and functioning, as well as the laboratory reports referred to in this section, must comply with the technical characteristics established by the Tax Administration Service, through general rules, taking into consideration the Mexican Official Standards and other regulations related to hydrocarbons or petroleum products issued by the competent authorities.

Section B amended by the Decree which amends, adds and repeals several provisions of the Income Tax Law #, the Value Added Tax Law, the Law of the Special Tax on Production and Services, the Federal Law of the Tax on New Automobiles, the Federal Tax Code and other regulations, published in the Official Gazette of the Federation on November 12, 2021.
Section I amended by the Decree amending, adding and repealing several provisions of the Federal Tax Code, the Customs Law, the Federal Criminal Code and the Federal Law to Prevent and Punish Crimes Committed in Hydrocarbon Matters, published in the Official Gazette of the Federation on June 1, 2018.

II. The accounting records or entries referred to in the preceding fraction must comply with the requirements established by the Regulations of this Code and the general provisions issued by the Tax Administration Service.

III. The records or entries that make up the accounting shall be kept in electronic media as established in the Regulations of this Code and the general provisions issued by the Tax Administration Service. The supporting documentation of such records or entries must be available at the taxpayer’s tax domicile.

IV. They shall enter their accounting information on a monthly basis through the Internet page of the Tax Administration Service, in accordance with the general rules issued for such purpose.

Article amended by the Decree amending, adding and repealing several provisions of the Federal Tax Code, published in the Official Gazette of the Federation on December 9, 2013.