FORMA 96 – Annual Filing for Foreign Shareholders (Simplified Guide)
Purpose
Procedure to report information of foreign-resident shareholders (or shareholder groups) who cannot obtain an RFC to the Mexican Tax Authority (SAT).
Legal Basis
Federal Tax Code of Mexico (Código Fiscal de la Federación, CFF), Article 27(A), 4th paragraph
Filing Deadline
Must be submitted within 3 months after the end of each fiscal year (annually by March 31)
Filing Method
Online submission via the SAT website, “Mi Portal”
Download and complete the official Form 96, then upload it
SAT reviews the submission and issues a confirmation of acceptance (Acuse de Aceptación) — filing is considered complete only after receipt
Important Notes
Must receive Acuse de Aceptación from SAT after filing
Company’s articles of incorporation and registration documents must be accurately reflected, notarized (protocolized), and registered in the Public Registry
Check for any indirect changes in corporate structure (e.g., mergers or acquisitions at the group level) that could affect ownership
Failure to comply may trigger SAT audits and fines
Federal Tax Code 295/CFF Filing (Ficha 295/CFF)
Purpose
Report changes in shareholders or legal representatives of Mexican companies to SAT
Includes share transfers, capitalizations, share withdrawals, mergers, spin-offs, and liquidations
Legal Basis
Federal Tax Code (CFF), Article 27(B), VI
Filing Deadline
Must be submitted within 30 days of the change
Filing Method
Important Notes
Must receive Acuse de Aprobación from SAT after submission to consider the filing complete
SAT may reject filings, requiring continuous monitoring and follow-up
Recent practice shows 295/CFF filings are strictly scrutinized, and initial submissions often require corrections
Key Considerations / Strategies
Ensure thorough document review before submission
Monitor status and respond promptly to SAT queries
Have contingency plans for rejected filings, including consultation with PRODECON or legal/tax advisors
FORMA 96 vs. 295/CFF – Key Differences
Each filing has different requirements and deadlines
Companies must understand both procedures to ensure compliance
Avoid confusion by tracking deadlines and document requirements for each type
Conclusion / Recommendations
✅ For FORMA 96, receiving SAT’s confirmation (Acuse de Aceptación) is mandatory
✅ For 295/CFF, expect strict SAT review, requiring careful preparation and continuous monitoring
✅ If a filing is rejected, consider legal remedies through PRODECON or formal dispute processes
✅ Companies should clearly separate procedures, understand deadlines, and comply fully
Tip: Reduce tax risk by seeking advice from tax experts or legal teams handling corporate compliance