2024-07-05 | DOF 5732477Added
The Strategic Fiscal Audit Central Administration announces that the administrative procedure against AMP LOGÍSTICA, S.A. DE C.V. under Article 69-B of the Federal Tax Code (valid until July 24, 2018) has been rendered without effect following a court ruling declaring the nullity of the definitive resolution. This action results from a nullity lawsuit filed by the taxpayer, which concluded with a final sentence on September 13, 2021, and an interlocutory sentence on May 23, 2024. While the specific presumption of non-existent operations is annulled, the tax authority retains its powers to investigate the taxpayer's responsibility regarding other fiscal receipts issued without sufficient assets, personnel, or infrastructure.
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DOF: 05/07/2024
OFFICE 500-05-2024-12753 through which the list of taxpayers who promoted some means of defense against the presumption notice referred to in the first paragraph of Article 69-B of the Federal Tax Code, valid until July 24, 2018, or against the resolution referred to in the third paragraph of the aforementioned article, and once resolved, the jurisdictional or administrative body left the referred act unsubstantiated, is communicated.
A seal with the National Coat of Arms is placed at the margin, which says: United Mexican States.- TREASURY.- Ministry of
Treasury and Public Credit.- Tax Administration Service.- General Administration of Federal Fiscal Audit
Central Administration of Strategic Audit.
Office: 500-05-2024-12753.
Subject: List of taxpayers who promoted
some means of defense against the presumption notice referred to in
Article 69-B first paragraph of the CFF, valid until July
24, 2018, or against the resolution referred to in the
third paragraph of the aforementioned article, and once resolved,
the jurisdictional or administrative body left unsubstantiated the
referred act.
This Central Administration of Strategic Audit, attached to the General Administration of Federal Fiscal Audit, of the Tax Administration Service, based on what is established by 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 Official Gazette of the Federation
on December 15, 1995, reformed by Decree published in the same Official Gazette on
June 12, 2003; 1, 2, first paragraphs, section B, fraction III, subsection e) and second, 5, first paragraph,
13, fraction VI, 23, section E, fraction I, in relation with article
22 first paragraphs, fraction VIII, and
last,
numeral 5, of the Internal Regulations of the Tax Administration Service, published in the Official
Gazette of the Federation on August 24, 2015, in force from November 22, 2015, in
conformity with what is established in the first paragraph of the First Transitory Article of said Regulations, and
reformed through Decree by which various provisions of the Internal Regulations of the Ministry of Treasury and Public Credit and of the Internal Regulations of the Service
of Tax Administration 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 force from January 01
of
2022, in conformity with what is established in the First Transitory Article of said Decree; Article Third,
fraction I, subsection a), of the Agreement by which various attributions are delegated to the Public Servants
of the Tax Administration Service, published in the Official Gazette of the Federation on June 23
2016, in force from July 23, 2016, in conformity with what is established in the First Transitory
Article of said Agreement; in articles 33, last paragraph, 63 and 69-B, first and second paragraphs of the
Federal Tax Code valid until July 24, 2018, in relation with the Second
transitory article of the "DECREE by which Article 69-B of the Federal Tax Code is reformed",
published in the Official Gazette of the Federation on June 25, 2018 and Tenth Transitory Article, fraction IV,
of the Fiscal Miscellany Resolution for 2024, published in the Official Gazette of the Federation on December 29
2023,
communicates to you the following:
That to the taxpayer listed below, at the time, a Notice of
Presumption of non-existence of operations backed by certain fiscal receipts that it issued was notified,
this in accordance with the first and second paragraphs of Article 69-B of the Federal Tax Code
valid until July 24, 2018, in relation with Article 69 of its Regulations.
Following the procedure provided for in the aforementioned Article 69-B of the Federal Tax Code valid
until July 24, 2018, and in terms of the third paragraph of the aforementioned article, to the taxpayer of
reference was notified the definitive resolution as indicated below:
Notification to the taxpayer of the OFFICE OF THE DEFINITIVE RESOLUTION.
Taxpayer ID (R.F.C.)
Name,
denomination or
legal name of the
Taxpayer
Means of notification to the taxpayer
Number and
date of office
of definitive
resolution
Tax Box
Authority's public notice board
Personal Notification
Date on which
it was notified in
Tax
Box
Date on which
the notification
took effect
Date of
posting on the
Authority's
public notice board
Date on which
the notification
took effect
Date of
notification
Date on which
the notification
took effect
1
ALO010718IK2
AMP LOGISTICS,
S.A. DE C.V.
500-21-00-04-
02-2017-5364
dated December 11
2017
January 22
2018
February 15
2018
Additional taxpayer data.
Taxpayer ID (R.F.C.)
Name, denomination or legal
name of the Taxpayer
Fiscal Address
Predominant Activity
Reason for the Procedure
1
ALO010718IK2
AMP LOGISTICS, S.A. DE C.V.
CHIHUAHUA,
CHIHUAHUA
OTHER SUPPORT SERVICES FOR BUSINESSES
Absence of assets
Absence of
personnel
Lack of infrastructure
Therefore, the name or legal name of the taxpayer to whom the aforementioned resolution was notified
was added to the list referred to in the third paragraph of Article 69-B of the Federal Tax Code
valid until July 24, 2018, which was published in the Official Gazette of the Federation, as indicated
below:
Taxpayer ID (R.F.C.)
Name, denomination or legal
name of the Taxpayer
Number and date of office containing in Global Definitive List
Date of publication in the Official
Gazette of the Federation
1
ALO010718IK2
AMP LOGISTICS, S.A. DE C.V.
500-05-2018-10859 dated April 27, 2018
May 21, 2018
Dissatisfied with the individual presumption notice or definitive resolution notice, a means of
defense was filed, from which the following sentence was concluded:
Taxpayer ID (R.F.C.)
Name, denomination or
legal name of the
Taxpayer
Means of
defense
Date of the
Resolution or
final sentence
Authority that resolved
Sense and/or effect of the resolution or final
sentence
1
ALO010718IK2
AMP LOGISTICS, S.A.
DE C.V.
Lawsuit for Nullity
2941/20-04-01-5-
OT
September 13
2021
Regional Court of the North
Center I, of the Federal
Court of Administrative Justice
The nullity of the challenged resolution is declared, consisting of office number 500- 21-00-04-02-2017-5364 dated December 11
2017, issued by the Decentralized Administration of Fiscal Audit of
Chihuahua
"1".
In view of the above, and in compliance with the interlocutory sentence dated May 23
2024, issued on the Complaint filed by the plaintiff in the administrative contentious lawsuit with
case number 2941/20-04-01-5-OT, as well as, with the final sentence dated September 13
2021, pronounced in the records of the aforementioned lawsuit, by the Regional Court of the North Center
I, of the Federal Court of Administrative Justice; it is informed that, as a consequence of the means of
defense indicated in the preceding paragraph, the procedure of Article 69-B of the Federal Tax Code
valid until July 24, 2018, followed against that taxpayer, has become without effect.
Finally, it is informed that the fact that the aforementioned taxpayer
has obtained a
favorable resolution against the presumption notice and/or definitive resolution, does not exempt it from
the responsibility it may have regarding other fiscal receipts that it issued without having the
assets, personnel, infrastructure or material capacity, directly or indirectly, to provide the services or
produce, commercialize or deliver the goods that backed such receipts, for which reason, the powers of
the tax authority are reserved.
Sincerely.
Mexico City, June 10, 2024. - In substitution for the absence of the Central Administrator of
Strategic Audit, from the Coordinator of Strategic Audit, from the Administrator of Strategic
Audit "1", "2", "3", "4", "5" and "6", based on articles 4, fourth paragraph, and 22, last paragraph,
numeral 5 subsection h), of the Internal Regulations of the Tax Administration Service in force, signs: Susana
Herrera Maldonado, Administrator of Strategic Audit "7". - Rubric.
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