2024-11-01 | DOF 5742115Added
The Strategic Fiscalization Central Administration publishes the details of taxpayer ORGE, S.A. DE C.V., which successfully rebutted the presumption of non-existence of operations regarding specific fiscal receipts under Article 69-B of the Federal Tax Code. This action is taken in compliance with a court ruling declaring null the administrative resolution that had previously denied the publication of this taxpayer's status. The notice specifies that the rebuttal applies only to the fiscal receipts identified in the original presumption notice, preserving the tax authority's powers regarding any other receipts issued by the entity.

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DOF: 01/11/2024
OFFICE 500-05-2024-18445 through which the list of taxpayers who rebutted the presumption of non-existence of operations provided for in the first paragraph of article 69-B of the Federal Tax Code, valid until July 24, 2018, is communicated.
At the margin a seal with the National Coat of Arms, which says: United Mexican States.- TREASURY.- Ministry of
Finance and Public Credit.- Tax Administration Service.- General Administration of Federal Fiscal Audit
Strategic Fiscalization Central Administration.
Office: 500-05-2024-18445
Subject:
List of taxpayers who
REBUTTED the presumption of non-existence
of operations provided for in the first paragraph of
article 69-B of the Federal Tax Code, valid until July 24, 2018.
This Strategic Fiscalization Central Administration, 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
of 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 to 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, effective from November 22, 2015, in accordance 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
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, effective from January 01, 2022, in accordance with what is established
in the First Transitory Article of said Decree; Third Article, 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 Official Gazette of the Federation on June 23, 2016, effective from July 23,
2016, in accordance with what is established in the First Transitory Article of said Agreement; in the
articles 33, last paragraph, 63 of the Federal Tax Code in force and 69-B, first and second paragraphs
of the Federal Tax Code in force until July 24, 2018, in relation to the Second Article
Transitory 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 the taxpayer listed below was notified at the time of an office of
presumption of non-existence of operations backed by certain fiscal receipts that it issued,
this in accordance with the first and second paragraphs of article 69-B of the Federal Tax Code, as well as, in the particular case, a final resolution issued in terms of the third paragraph of the legal
provision in question, valid until July 24, 2018; however, as a result of what was resolved in the defense mechanism
filed, it is determined that said taxpayer rebutted the presumption of non-existence, as far as it specifically concerns
the operations indicated in said offices, whose data are as follows:
Section A.- Notification of the OFFICE OF PRESUMPTION in accordance with the first and second paragraphs
of article 69-B of the Federal Tax Code, in relation to article 69 of its Regulations.
No.
R.F.C.
Name,
trade name or
legal name of the
Taxpayer
Number and date
of individual office of
presumption
Issuing Authority
of the individual
presumption office
Means of notification to the taxpayer
Authority's public notice board
Personal Notification
Notification via Tax Mailbox
Date of
posting on the
Authority's
public notice board
Date on which
notification took
effect
Date of
notification
Date on which
took effect
the notification
Date of
notification
Date on which
took effect
the
notification
01
ORG120712SI0
ORGE, S.A. DE
C.V.
900-03-05-00-00-
2018-1050 dated
May 23,
2018
General Administration
of Large
Taxpayers
May 25, 2018
May 28, 2018
Section B.- Notification on the Internet page of the Tax Administration Service.
No.
R.F.C.
Name, trade name or legal name
of the Taxpayer
Number and date of Global office of
presumption
Date of notification on the Internet page of the
Tax Administration Service
Date on which notification took effect
01
ORG120712SI0
ORGE, S.A. DE C.V.
500-05-2018-16632 dated June 01,
2018
June 01, 2018
June 04, 2018
Section C.- Notification in the Official Gazette of the Federation.
No.
R.F.C.
Name, trade name or legal
name of the Taxpayer
Number and date of Global office of
presumption
Date of notification in the Official Gazette
of the Federation
Date on which notification took effect
01
ORG120712SI0
ORGE, S.A. DE C.V.
500-05-2018-16632 dated June 01,
2018
June 25, 2018
June 26, 2018
Section D.- Notification of the OFFICE OF FINAL RESOLUTION.
No.
R.F.C.
Name,
trade name or
legal name of the
Taxpayer
Number and
date of
office of
final resolution
Issuing Authority
of the final
resolution
Means of notification to the taxpayer
Authority's public notice board
Personal Notification
Notification via Tax Mailbox
Date on which
took effect
the notification
Date of
notification
Date on which
took effect
the notification
Date on which
took effect
the notification
Date of
notification
Date on which
took effect
the notification
01
ORG120712SI0
ORGE, S.A. DE
C.V.
In compliance with the ruling dated November 03, 2023, issued by the Third Regional Chamber of the West of the Federal Administrative Justice Tribunal, in the Nullity Trial 2546/23-07-03-4, in which it resolved to declare the nullity of the challenged office 500-05-2023-4006 of January 19,
2023, issued by the Strategic Fiscalization Central Administration, by which, the request to publish in the
Official Gazette of the Federation and the Internet page of the Tax Administration Service was resolved as inadmissible, that the plaintiff rebutted the presumption of
non-existence of operations provided for in the sixth paragraph of article 69-B, of the Federal Tax Code;
recognizing the subjective right of the plaintiff to have it published in the list provided for in the referred
article 69-B, sixth paragraph of that legal framework, condemning the authority to compliance with the obligation relative.
Section E.- Additional data of the taxpayer.
No.
R.F.C.
Name, trade name or legal name of the
Taxpayer
Fiscal Address
Predominant Activity
Reason for Procedure
01
ORG120712SI0
ORGE, S.A. DE C.V.
Guadalajara, Jalisco
Complex Steel Mills
Absence of assets
Absence
of personnel
However, it is specified that, the fact that the indicated taxpayer has specifically rebutted
the facts recorded in the office of presumption and of final resolution that motivated its publication in the
corresponding list, is only in relation to the fiscal receipts indicated in the office of
presumption that was notified to it at the time, being without prejudice to the powers of the tax authority in
terms of article 69-B of the Federal Tax Code in relation to other fiscal receipts
that it may have issued.
Respectfully.
Mexico City, August 30, 2024. - In substitution for the absence of the Central Administrator of
Strategic Fiscalization, from the Coordinator of Strategic Fiscalization, from the Administrator of Fiscalization
Strategic "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: C.P.
Nayeli Margarita Ramos Hernández, Administrator of Strategic Fiscalization "7".- Rubric.
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