Amendment to the Federal Tax Code regarding the joint and several liability of liquidators, trustees and managers of taxpayers
On December 9, 2019, the "Decree which amends, modifies and repeals provisions of the Income Tax Law, the Value Added Tax Law, the Excise Tax Law and the Federal Tax Code" (the "Decree") was published in the Federal Official Gazette.
The Decree amends Article 26, Sections III, X, first paragraph and XVII of the Federal Tax Code (the "FTC"), provisions related to individuals who are considered jointly liable to the taxpayers.
The new text of section III of the mentioned article establishes that the liquidators and trustees will be jointly and severally liable for the payment of the contributions caused or not retained during their management by the companies, as well as those that should have been paid or ascertained by such companies.
In relation to the administrators of legal entities, the new text of the law establishes additional hypotheses under which these administrators will be jointly and severally responsible for the omitted contributions, whether caused or retained.
Finally, the exceptions to the joint and several liability of liquidators and trustees for the contributions they were required to pay on behalf of entities in liquidation or bankruptcy during their management, are no longer applicable.