2023-02-07 | DOF 5678808Added · Updated
The Strategic Fiscal Audit Central Administration notifies taxpayers listed in Annex 1 that they are presumed under Article 69-B, first paragraph, of the Federal Tax Code for issuing fiscal receipts without possessing the necessary assets, personnel, infrastructure, or material capacity. These taxpayers have a period of 15 business days from the effective date of the last notification to submit written arguments and supporting documentation to the issuing authority to rebut the presumption. Failure to provide sufficient evidence within this timeframe will result in the publication of their names in the official list of taxpayers who failed to rebut the facts, as disseminated on the SAT website and in the Federal Official Gazette.
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DOF: 07/02/2023
OFFICE 500-05-2023-3959 through which the global list of taxpayers presumed under the circumstance provided for in the first paragraph of Article 69-B of the Federal Tax Code is communicated
At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of
Finance and Public Credit.- Tax Administration Service.- General Administration of Federal Fiscal Audit
Central Administration of Strategic Audit.
Office: 500-05-2023-3959
Subject:
The global list of taxpayers presumed under the
circumstance provided for in Article 69-B, first paragraph, of the
Federal Tax Code is communicated.
The Central Administration of Strategic Audit, attached to the General Administration of Federal Fiscal Audit of the Tax Administration Service, based on the provisions of Articles 16, first paragraph, of the Political Constitution of the United Mexican States; 1, 7, fractions VII, XII and XVIII and
8, fraction III of the Law of the Tax Administration Service, published in the Federal Official Gazette on December 15, 1995, reformed by Decree published in the same Federal Official Gazette on June 12, 2003; 1, 2, first and second paragraphs, section B, fraction III, subsection e), and 5,
first paragraph, 13, fraction VI, 23, section E, fraction I, in relation to Article
22 paragraphs first,
fraction VIII, and
last,
numeral 5, of the Internal Regulations of the Tax Administration Service published
in the Federal Official Gazette on August 24, 2015, in effect from November 22, 2015, in accordance with the provisions of the first paragraph of the First Transitory Article of said Regulations and
reformed by Decree by which various provisions of the Internal Regulations of the Ministry of Finance and Public Credit and of the Internal Regulations of the Tax Administration Service are reformed and added, and by which the Internal Regulations of the National Agency of Customs of
Mexico are issued, published in the same official organ on December 21, 2021, in effect from January 01,
2022, in accordance with the provisions of the First Transitory Article of said Decree; Article Third,
fraction I, subsection a), of the Agreement by which various powers are delegated to the
Public Servants
of the Tax Administration Service, published in the Federal Official Gazette on June 23,
2016, in effect from July 23, 2016, in accordance with the provisions of the First Transitory Article of said Agreement; as well as in Articles 33, last paragraph, 63, and 69-B, first and second paragraphs of the Federal Tax Code, notifies the following:
As a result of the exercise of the powers and authorities indicated in Article 69-B, first and second paragraphs of the Federal Tax Code, the tax authorities cited in Annex 1, which is an integral part of this office, detected that the taxpayers indicated in the aforementioned Annex 1 issued fiscal receipts without having the assets, personnel, infrastructure, or material capacity to provide the services or produce, commercialize, or deliver the goods covered by such receipts.
As a consequence of the above, the aforementioned authorities placed the taxpayers in the
presumption circumstance provided for in the first paragraph of Article 69-B of the Federal Tax Code, by
which they notified each of them the individual presumption office, in which the
particular facts for which the aforementioned presumption was considered appropriate were detailed.
For this reason, and in support of the authorities issuing the aforementioned presumption offices,
based on the second paragraph of Article 69-B of the Federal Tax Code, it is informed to the
taxpayers mentioned in the aforementioned Annex 1 of this office, that they are in the circumstance
provided for in the first paragraph of Article 69-B of the Federal Tax Code, this is made known to them
for the purpose that they may manifest before the tax authority that notified them the individual office
what is convenient for their right and provide, before said authorities, the documentation and information that
they consider pertinent to disprove the facts that led the authority to notify them.
Therefore, it is indicated that in accordance with the provisions of Article 69-B, second paragraph, of the Federal
Tax Code, each of the taxpayers mentioned in the aforementioned Annex 1 of this
office will have a period of 15 business days, counted from the effective date of the last
notification, according to the precedence established in Article 69, first paragraph of the Regulations of the Federal
Tax Code, in correlation to Article 135 of the Federal Tax Code, in order to
present directly before the offices of the authorities issuing the individual office indicated in the
Annex 1 of this office, a free written document in original and two copies, signed by the taxpayer or their
legal representative in accordance with Article 19 of said Code, through which they manifest what is
convenient for their right, attaching to said written document the documentation and information they consider pertinent
to disprove the facts detailed in the aforementioned individual office.
The documentation and information presented through the aforementioned written document must comply with the
requirements established in Articles 18, 18-A and 19 of the Federal Tax Code.
Likewise, they are warned that if the granted period expires without providing the respective evidence,
documentation and information; or, in case of providing them, once admitted and evaluated, the
facts indicated in the individual office mentioned in the third paragraph of this office are not
disproved, proceedings will be carried out in accordance with the provisions of the fourth paragraph of Article 69-B of the Federal Tax Code,
in which case the resolution will be notified and the name, denomination or trade name will be published in the list
of taxpayers who have not disproved the facts imputed to them and, therefore, are definitively in the situation referred to in the first paragraph of Article 69-B, list which for this purpose
will be disseminated on the website of the Tax Administration Service, and published in the Federal Official
Gazette; this is so, since it is in the public interest to stop the billing of nonexistent operations and that society knows who those taxpayers are who carry out this type of
operations.
Respectfully,
Mexico City, January 04, 2023. - Central Administrator of Strategic Audit, C.P. José
Alfredo Pérez Astorga. - Rubric.
Subject:
Annex 1 of office number 500-05-2023-3959 dated January 04, 2023 issued by the
C.P. José Alfredo Pérez Astorga in his capacity as Central Administrator of Strategic
Audit,
of the General Administration of Federal Fiscal Audit,
in which, in compliance with the provisions of Article 69-B, second paragraph of the Federal Tax
Code, taxpayers mentioned in the present annex are notified that they are located
in the presumption circumstance provided for in the first paragraph of said Article 69-B of the Federal
Tax Code.
Below, in the following table, the taxpayers referred to in office
number 500-05-2023-3959 dated January 04, 2023 are listed, indicating the date on which the individual
presumption office was notified.
R.F.C.
Name,
denomination or
trade name of the
Taxpayer
Number and
date of office
individual of
presumption
Authority
issuer of the
individual office
of presumption
Means of notification to the taxpayer
Authority's public notice
Personal notification
Notification via Tax Mailbox
Date of
posting on
the public notice
of the
Authority
Date on
which the
notification took effect
Date of
notification
Date on which
the notification took effect
Date of
notification
Date on which
the notification took effect
1
CMA200428T62
COMERCIALIZADORA
MARIMEZA, S.A. DE
C.V.
500-51-00-01-
01-2022-56979
dated December 6
of
2022
Administration
Decentralized
of Fiscal Audit
of Sinaloa
"1"
December 12
of
2022
December 13
of 2022
2
MFD190529GF1
METODOS
FINANCIEROS PARA
EL DESARROLLO,
S.C.
500-05-2022-
29359 dated
December 14
of 2022
Central Administration
of Strategic
Audit
January 2
of 2023
January 3
of 2023
Additional taxpayer data.
R.F.C.
Name, denomination or trade
name of the Taxpayer
Fiscal Address
Predominant Activity
Reason for Procedure
1
CMA200428T62
COMERCIALIZADORA
MARIMEZA, S.A. DE C.V.
Culiacán, Sinaloa
Retail trade of new parts and spare parts
for automobiles,
pickups and trucks
Absence of Assets, Absence of
Personnel, Lack of infrastructure, Without
material capacity
2
MFD190529GF1
METODOS FINANCIEROS PARA
EL DESARROLLO, S.C.
Aguascalientes,
Aguascalientes
Consulting services in administration
Absence of Assets, Absence of
Personnel, Lack of infrastructure, Without
material capacity
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