2023-12-01 | DOF 5710182

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Official Letter 500-05-2023-21490 Communicating the Global List of Presumption of Taxpayers Located in the Situation Provided in the First Paragraph of Article 69-B of the Federal Fiscal Code

This document notifies 14 taxpayers listed in Annex 1 that they are presumed to have issued tax invoices without possessing the assets, personnel, infrastructure, or material capacity to support such operations under Article 69-B, first paragraph, of the Federal Fiscal Code. The notified entities have 15 business days from the effective date of the last notification to submit evidence and arguments to disprove these facts before the issuing tax authorities. If the taxpayers fail to disprove the facts within the granted period, their names will be definitively included in the published list of taxpayers who did not overcome the presumption and will be disclosed on the Tax Administration Service website and the Official Gazette of the Federation.

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DOF: 01/12/2023

OFFICIAL LETTER 500-05-2023-21490 through which the global list of presumption of taxpayers who were located in the situation provided in the first paragraph of Article 69-B of the Federal Fiscal Code is communicated

In the margin a seal with the National Shield, which says: United Mexican States.- TREASURY.- Secretariat of the Treasury and Public Credit.- Tax Administration Service.- General Administration of Federal Fiscal Audit.- Central Administration of Strategic Tax Audit.

Official Letter 500-05-2023-21490

Subject:

The global list of presumption of taxpayers who were located in the situation provided in the first paragraph of Article 69-B of the Federal Fiscal Code is communicated.

The Central Administration of Strategic Tax 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, sections VII, XII and XVIII and 8, section 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 of the Federation on June 12, 2003; 1, 2, first paragraphs, Section B, section III, subsection e), and second, 5, first paragraph, 13, section VI, 23, Section E, section I, in relation to Article 22 first paragraphs, section 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 accordance with the provisions of the First Transitory Article of said Regulations and reformed by Decree reforming and adding various provisions of the Internal Regulations of the Secretariat of the Treasury and Public Credit and of the Internal Regulations of the Tax Administration Service, and by which the Internal Regulations of the National Customs Agency of Mexico are issued, published in the same official body on December 21, 2021, in force from January 01, 2022, in accordance with the provisions of the First Transitory Article of said Decree; Third Article, section I, subsection a), of the Agreement through which various attributes 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 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 Fiscal Code, notifies the following:

Derived from the exercise of the attributes and powers indicated in the first and second paragraphs of Article 69-B of the Federal Fiscal Code, the tax authorities cited in Annex 1 which is an integral part of this official letter, detected that the taxpayers indicated in said Annex 1 issued tax vouchers without having the assets, personnel, infrastructure or material capacity to provide the services or produce, market or deliver the goods covered by such vouchers.

As a consequence of the above, the aforementioned authorities located the taxpayers in the presumption situation provided in the first paragraph of Article 69-B of the Federal Fiscal Code, so in that sense they notified each one of them the individual presumption office, in which the particular facts for which the referred presumption was considered appropriate were detailed.

In view of the above, and in support of the issuing authorities of the presumption offices already mentioned, based on the second paragraph of Article 69-B of the Federal Fiscal Code, the taxpayers mentioned in said Annex 1 of this official letter are informed that they are in the situation provided in the first paragraph of Article 69-B of the Federal Fiscal Code, the above is made known to them so that they may manifest before the tax authority that notified them the individual office what is convenient to their right and provide, before said authorities, the documentation and information 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 Fiscal Code, each of the taxpayers mentioned in said Annex 1 of this official letter will have a period of 15 business days, counted from the time the last of the notifications takes effect, according to the precedence established in Article 69, first paragraph of the Regulations of the Federal Fiscal Code, in correlation to Article 135 of the Federal Fiscal Code, in order to present directly before the offices of the issuing authorities of the individual office indicated in Annex 1 of this official letter, a free writing in original and two copies, signed by the taxpayer or their legal representative in the terms of Article 19 of said Code, through which they manifest what is convenient to their right, attaching to said writing the documentation and information they consider pertinent to disprove the facts detailed in the individual office already mentioned.

The documentation and information presented through said writing must comply with the requirements established in Articles 18, 18-A and 19 of the Federal Fiscal Code.

Likewise, they are warned that if the granted period elapses without providing the evidence, documentation and respective information; or, if providing them, once admitted and valued, the facts indicated in the individual office mentioned in the third paragraph of this official letter are not disproven, proceedings will be carried out in the terms provided by the fourth paragraph of Article 69-B of the Federal Fiscal Code, in which case the resolution will be notified and the name, denomination or corporate name will be published in the list of taxpayers who have not disproven the facts imputed to them and, therefore, are definitively in the situation referred to in the first paragraph of Article 69-B, a list that for this purpose is disseminated on the internet page of the Tax Administration Service, and is published in the Official Gazette of the Federation; the above, since it is of public interest that the invoicing of non-existent operations be stopped and that society knows who are those taxpayers who carry out this type of operations.

Sincerely

Mexico City, on October 09, 2023. - In substitution for the absence of the Central Administrator of Strategic Tax Audit, of the Coordinator of Strategic Tax Audit and of the Administrators of Strategic Tax 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,

Signature:

Strategic Tax Audit Administrator "7", Licensed Accountant (L.C.) Susana Herrera Maldonado.- Signature.

Subject: Annex 1 of official letter number 500-05-2023-21490 dated October 09, 2023, issued by L.C. Susana Herrera Maldonado in her capacity as Strategic Tax Audit Administrator "7", in substitution for the absence of the Central Administrator of Strategic Tax 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 Fiscal Code, the taxpayers mentioned in this annex are notified that they are located in the presumption situation provided in the first paragraph of said Article 69-B of the Federal Fiscal Code.

Below, in the following table, the taxpayers referred to in official letter number 500-05-2023-21490 dated October 09, 2023 are listed, indicating the date on which the individual presumption office was notified.

No.R.F.C.Name, denomination or corporate name of the TaxpayerNumber and date of individual presumption officeIssuing Authority of the individual presumption officeNotification Medium to the Taxpayer - Authority Notice Boards - Date of posting on the Notice Boards of the Fiscal AuthorityNotification Medium to the Taxpayer - Authority Notice Boards - Date on which the notification took effectNotification Medium to the Taxpayer - Personal Notification - Date of notificationNotification Medium to the Taxpayer - Personal Notification - Date on which the notification took effectNotification Medium to the Taxpayer - Notification by Tax Mailbox - Date of notificationNotification Medium to the Taxpayer - Notification by Tax Mailbox - Date on which the notification took effect
1CAP060509IDACAPDETI, S.A. DE C.V.500-05-2023-21313 dated September 27, 2023Central Administration of Strategic Tax AuditOctober 03, 2023October 04, 2023
2CIP171113JU1CAMTRE INNOVACIONES Y PROCESOS, S.A. DE C.V.500-05-2023-21312 dated September 26, 2023Central Administration of Strategic Tax AuditOctober 02, 2023October 03, 2023
3CIP180216EE9CONSORCIO INDUSTRIAL DE PIURA, S.A. DE C.V.500-05-2023-21315 dated September 27, 2023Central Administration of Strategic Tax AuditOctober 03, 2023October 04, 2023
4EAC170808N66ESTRATEGIAS ADMINISTRATIVAS PARA EL CRECIMIENTO, S.A. DE C.V.500-05-2023-21310 dated September 22, 2023Central Administration of Strategic Tax AuditSeptember 28, 2023September 29, 2023
5GME161017AM6GRUBE MÉXICO, S.A..DE C.V.500-72-06-01-01-2023-32368 dated September 05, 2023Decentralized Administration of Federal Fiscal Audit of Federal District "2"September 12, 2023September 13, 2023
6MEA1708088T4MOTIVACIÓN Y EVOLUCIÓN ADMINISTRATIVA, S.A. DE C.V.500-05-2023-21311 dated September 26, 2023Central Administration of Strategic Tax AuditOctober 02, 2023October 03, 2023
7MRI130503PC9MANTENIMIENTO REPARACIONES INDUSTRIALES DEL NORTE, S.A. DE C.V.500-15-02-01-2023-15669 dated September 21, 2023Decentralized Administration of Federal Fiscal Audit of Coahuila de Zaragoza "1"September 27, 2023September 28, 2023
8NQG161205SX9NG QL GRUPO INMOBILIARIO, S.A. DE C.V.500-05-2023-21314 dated September 27, 2023Central Administration of Strategic Tax AuditOctober 03, 2023October 04, 2023
9PID150305AL7PROMOVIENDO IDEAS, S.A. DE C.V.500-05-2023-21309 dated September 22, 2023Central Administration of Strategic Tax AuditSeptember 28, 2023September 29, 2023
10PSH180709QU8PRESTADORA EN SERVICIOS HUMANOS CARRAZCO AVILA Y ASOCIADOS, S.A. DE C.V.500-32-00-03-04-2023-6808 dated September 14, 2023Decentralized Administration of Federal Fiscal Audit of Jalisco "3"September 20, 2023September 21, 2023
11QPO180607SH7Q POZOLE, S.A. DE C.V.500-05-2023-21355 dated September 29, 2023Central Administration of Strategic Tax AuditOctober 05, 2023October 06, 2023
12SID1603159Z8SERVICIOS IDANIKO, S.A. DE C.V.500-05-2023-21362 dated September 29, 2023Central Administration of Strategic Tax AuditOctober 05, 2023October 06, 2023
13TPK180412C52TODO EN PUBLICIDAD KENNO, S.A. DE C.V.500-05-2023-21361 dated September 28, 2023Central Administration of Strategic Tax AuditOctober 04, 2023October 05, 2023
14TRI160315CQATRIMANI, S.A. DE C.V.500-05-2023-21360 dated September 28, 2023Central Administration of Strategic Tax AuditOctober 05, 2023October 06, 2023

Additional data of the taxpayers.

No.R.F.C.Name, denomination or corporate name of the TaxpayerFiscal AddressPreponderant ActivityReason for Procedure
1CAP060509IDACAPDETI, S.A. DE C.V.Álvaro obregón, Mexico CityConsulting services in administrationAbsence of Assets, Absence of Personnel, Without Material Capacity
2CIP171113JU1CAMTRE INNOVACIONES Y PROCESOS, S.A. DE C.V.Álvaro obregón, Mexico CityOther services related to real estate servicesAbsence of Assets, Absence of Personnel, Without Material Capacity
3CIP180216EE9CONSORCIO INDUSTRIAL DE PIURA, S.A. DE C.V.Coyoacán, Mexico CityConsulting services in administrationAbsence of Assets, Absence of Personnel, Without Material Capacity
4EAC170808N66ESTRATEGIAS ADMINISTRATIVAS PARA EL CRECIMIENTO, S.A. DE C.V.Álvaro obregón, Mexico CityConsulting services in administrationAbsence of Assets, Absence of Personnel, Without Material Capacity
5GME161017AM6GRUBE MÉXICO, S.A..DE C.V.Álvaro obregón, Mexico CityTelephony, CellularAbsence of Assets, Absence of Personnel, Without Material Capacity
6MEA1708088T4MOTIVACIÓN Y EVOLUCIÓN ADMINISTRATIVA, S.A. DE C.V.Benito Juárez, Mexico CityConsulting services in administrationAbsence of Assets, Absence of Personnel, Without Material Capacity
7MRI130503PC9MANTENIMIENTO REPARACIONES INDUSTRIALES DEL NORTE, S.A. DE C.V.Monclova, Coahuila de ZaragozaRepair and maintenance of machinery and industrial equipmentAbsence of Assets, Absence of Personnel, Without Material Capacity
8NQG161205SX9NG QL GRUPO INMOBILIARIO, S.A. DE C.V.Cuauhtémoc, Mexico CityConsulting services in administrationAbsence of Assets, Absence of Personnel, Without Material Capacity
9PID150305AL7PROMOVIENDO IDEAS, S.A. DE C.V.Álvaro obregón, Mexico CityConsulting services in administrationAbsence of Assets, Absence of Personnel, Without Material Capacity
10PSH180709QU8PRESTADORA EN SERVICIOS HUMANOS CARRAZCO AVILA Y ASOCIADOS, S.A. DE C.V.Zapopan, JaliscoAccounting and auditing serviceAbsence of assets, absence of personnel, lack of infrastructure
11QPO180607SH7Q POZOLE, S.A. DE C.V.Guadalajara, JaliscoBusiness administration servicesAbsence of Assets, Absence of Personnel, Without Material Capacity
12SID1603159Z8SERVICIOS IDANIKO, S.A. DE C.V.Monterrey, Nuevo LeónAccounting and auditing servicesAbsence of Assets, Absence of Personnel, Without Material Capacity
13TPK180412C52TODO EN PUBLICIDAD KENNO, S.A. DE C.V.Monterrey, Nuevo LeónOther advertising servicesAbsence of Assets, Absence of Personnel, Without Material Capacity
14TRI160315CQATRIMANI, S.A. DE C.V.Monterrey, Nuevo LeónAccounting and auditing servicesAbsence of Assets, Absence of Personnel, Without Material Capacity

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