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February 11, 2019 Mexico: Exploration and extraction operators must file consortium information returns no later than 15 February In accordance with Section B of Article 32 of Mexico’s Hydrocarbons Revenue Law (hereinafter LISH, per its acronym in Spanish), operators of an exploration and extraction contract (PSC or license) must file Form 81, Information Return, to report the operations carried out on behalf of the members of a consortium (i.e., operators and non-operators that partner for exploration and extraction activities) in the immediately preceding tax year no later than 15 February. On Form 81, the operators must identify the cost and revenue share of each consortium member. The information return is composed of the following two appendixes:
To complete these appendixes, operators must disclose information on the operations of the consortium, such as costs and expenses carried out during the tax year. If operators do not comply with this obligation, operators and non-operators may breach their tax compliance obligations, which may trigger the following risks: (1) nondeductibility of costs and expenses for income tax purposes; and (2) non-eligibility of costs and expenses for cost recovery and the adjustment mechanism (i.e., tax term included in the exploration and extraction contracts that is designed to ensure that revenue for the state will rise progressively under certain circumstances). A case-by-case analysis is necessary to determine the consequences of not complying with the filing requirement. Form 81 is available on the Mexican Tax Authority’s website (www.sat.gob.mx), under the following section: “Declaraciones” ? “Informativas” ? “Operaciones de Consorcios Petroleros (81).” To access the return, operators must have a Tax ID number and a password (CIEC) or electronic signature (formerly FIEL). Additionally, to submit the return, the operator’s electronic signature will be needed. The Mexican Tax Authority’s current digital platform does not allow operators to segregate the information per exploration and extraction contract. Therefore, similar to the FY2017 information return, the operator must file a consolidated information return for all exploration and extraction contracts for which it acts as an operator. This situation has raised privacy and confidentiality issues with regard to how operators share the information return in cases in which it acts as the operator of various consortiums, which are made up of different companies. For this reason, the Mexican Association of Hydrocarbons Companies (AMEXHI per its acronym in Spanish) has requested that the Mexican Tax Authority update its digital platform, so the information returns can be filed per contract and not on a consolidated basis. For additional information with respect to this Alert, please contact the following: Mancera, S.C., Mexico City
Ernst & Young, LLP, Latin American Business Center, New York
Ernst & Young, LLP, Latin America Business Center, Houston
Ernst & Young LLP (United Kingdom), Latin American Business Center, London
Ernst & Young Tax Co., Latin American Business Center, Japan & Asia Pacific
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