This month the message is clear: The way you document is worth as much as the operation itself. Mexico raises the standard by requiring that photographs used to prove materiality be presented certified; Chile strengthens oversight of Accounting books and supporting documentation and details sanctions for obstruction or deficiencies; Costa Rica moves the clock with an extension for the Transfer pricing declaration 2024; Peru adjusts gradualness rules for fines for not filing declarations on time; Colombia concentrates deadlines for Foreign exchange information; Panama limits what tax information can be shared with third parties, even anonymously; and Honduras reaffirms obligations and conditions of Country-by-Country Report.
Index
Mexico
EVIDENTIARY VALUE OF PHOTOGRAPHS IN THE MATERIALITY OF OPERATIONS
Supreme Court of Justice of the Nation (2025). Isolated thesis I1.30.A.53 A (11th), digital registration 2031360, published on 10.17.2025.
This isolated thesis, with digital registration 2031360 and issued by the Collegiate Circuit Courts, belongs to the Twelfth Epoch. The subject is Administrative Law and the criterion was published on Friday, October 17, 2025, in the Federal Judicial Weekly.
Main Legal Criterion
The Collegial Circuit Court determines that, when the complainant attempts to prove the materiality of the operations carried out through photographs, these must be duly certified. Certification is necessary to accredit the place, time, and circumstances in which the photographs were taken, which is fundamental for them to be valued.
Evidentiary Value of Photographs and Article 69-B of the Tax Code of the Federation
Photographs offered to prove the materiality of operations and/or acts carried out with taxpayers included in the list referred to in Article 69-B of the Fiscal Code of the Federation must be certified.
Legal Justification
Article 217 of the Federal Code of Civil Procedure, which applies suppletorily, establishes that photographs offered as evidence in a trial must contain the corresponding certification.
· Said certification must be issued by an authorized official.
The purpose of the certification is to demonstrate the place, time, and circumstances in which they were taken, thus allowing their valuation regarding whether they prove the materiality of the operations, activities, or services contracted with a taxpayer definitively listed in Article 69-B of the CFF.
Chile
Audit of Accounting Book Backups and Associated Penalties
Legal Department, Department of Legal Advisory Services (Chilean Internal Revenue Service), Official Letter No. 1971 published on 10/08/2025
Accounting Regulations and Preservation Obligation
Articles 16 et seq. of the Tax Code establish a set of mandatory accounting rules. Specifically, anyone required to prove their effective income must maintain reliable accounting records, which must be kept in Spanish and in national currency.
Regarding conservation, Article 17 of the same Code imposes on taxpayers the obligation to conserve accounting books along with all corresponding supporting documentation. This conservation obligation remains in effect as long as the period during which the Service can review the taxpayer's declarations is pending.
Technological and Electronic Systems
The Service may authorize or mandate the replacement of accounting books (main and subsidiary) kept on paper with technological systems.
· These systems must be capable of clearly reflecting the movement and results of the business and accurately establishing the taxes owed.
· If the taxpayer opts to keep their accounting records (main and auxiliary) on loose-leaf pages or through computer applications or electronic means, their examination and inspection may be carried out in accordance with Article 60 bis of the Tax Code.
Oversight and Powers of the Service
Accounting is recognized as a fundamental pillar for the Service to verify the operations of taxpayers who are required to keep it.
The Service, in the exercise of its oversight powers conferred by law, is authorized to request the exhibition of both accounting books and their corresponding supporting documentation. Article 60 of the Tax Code grants this body broad powers, which specifically include the authority to examine the taxpayer's inventories, balance sheets, accounting books, and documents.
It is important to note that there is no inspection procedure designed exclusively for the control of accounting books. Instead, the verification of these books and their documentation can be integrated and carried out as part of the treatment actions that the Service has the authority to order.
Penalties for Non-Compliance
The law establishes penalties for various behaviors that hinder oversight work or violate accounting obligations.
Sanctions for Obstruction of Oversight
The following actions will be sanctioned with the fine provided for in the first paragraph of number 6 of article 97 of the Tax Code:
· Failure to display accounting books, subsidiary ledgers, or other documents required by the authority.
· Opposition to the examination of such documents or the inspection of establishments.
The act of obstructing, in any way, the inspection carried out in accordance with the law.
On the other hand, taxpayers authorized to replace their books with computational loose-leaf sheets, or to keep records through electronic means, who enter,
will be punished with the fine provided for in the third subsection of number 6 of article 97 of the Tax Code.
Penalties for Accounting Deficiencies
Failure to maintain accounting records in accordance with legal provisions, or maintaining them in a form other than that ordered or authorized by law, shall be punishable by a fine. The applicable penalty, pursuant to Article 97, number 7, ranges from one monthly tax unit (UTM) to one annual tax unit (UTA). This fine shall be imposed if the taxpayer fails to comply with the respective obligations within the period specified by the Service, which may not be less than ten days.
Costa Rica:
EXTENSION TO THE FILING OF THE TRANSFER PRICING INFORMATION RETURN
No. MH-DGT-RES-0043-2025, included in scope 114 of Gazette 166, published on 09/05/2025.
Article 14.- Modifications to Resolution MH-DGT-RES-0026-2025. Article Unique Transitional and Article 8 on Effectiveness of Resolution No. MH-DGT-RES-0026-2025 of ten fifteen July two thousand twenty-five, titled “Resolution regarding the presentation of the Information Declaration on transfer pricing,” shall be modified to read as follows:
SOLE TRANSITORY PROVISION. The informative transfer pricing declaration for fiscal year 2024 must be filed no later than March 31, 2026.“
Article 8.-Effective Date. This resolution shall take effect on October sixth, two thousand twenty-five.
Peru:
Modification of Gradualness – Violation of Article 176.1 of the Tax Code according to Supreme Resolution No. 063-2007/SUNAT
RESOLUTION OF SUPERINTENDENCE NO. 000355-2025/SUNAT, published on 11.29.2025
Article 2.- Definition
For the purposes of this superintendency resolution, "Regulations" shall mean the Regulations of the Gradualness Regime applicable to violations of the Tax Code, approved by Superintendency Resolution No. 063-2007/SUNAT.
Article 3.- Modifications to the Regulations
3.1 Content of the modifications
Modify literal a) of article 11, the second paragraph of article 12, numeral 13.5, the first paragraph of numeral 13.7 of article 13, and note number sixteen (16) of Annex II of the Regulations, as follows:
Article 11. Infractions Not Related to the Issuance and/or Granting of Payment Vouchers
This chapter applies to:
Literal a): The sanctions corresponding to the infractions indicated in Annex I and, in the cases referred to in Articles 13-B and 13-C, to the sanction corresponding to the infraction defined in numeral 1 of Article 176 of the Tax Code.
Article 12. Gradualness Criteria
Said criteria shall be applied in accordance with the provisions of Annexes II to V and Articles 13-A, 13-B, and 13-C.
Article 13. Definition of Gradualness Criteria
The gradualness criteria are defined as follows:
13.5 Payment: This is the total cancellation of the reduced fine according to the respective annexes or articles 13-A, 13-B, or 13-C, as applicable, plus the interest accrued up to the day the cancellation is made.
13.7 Rectification: This is the regularization of the unfulfilled obligation in the manner and at the time stipulated in the respective annexes and in articles 13-B and 13-C, which may be voluntary or induced.
Note number sixteen (16) of Annex II of the Regulation
The provisions of this numeral apply to situations not covered in Articles 13-B and 13-C.”
3.2 Incorporate Article 13-C into the Regulations, as follows:
“Article 13-C. Gradualness Regime applicable to the fine sanction for the commission of the infraction classified in numeral 1 of Article 176 of the Tax Code, concerning declarations corresponding to advance payments of Income Tax for income of the first and fourth categories and the annual Income Tax declaration for income other than third category.
1. The penalty fine applicable to the infraction classified in numeral 1 of article 176 of the Tax Code, with respect to declarations corresponding to provisional payments of Income Tax for income of the first and fourth categories and the annual Income Tax declaration for income other than third category, shall be graduated as follows:
GRADUALITY CRITERIA: CORRECTION (1) AND/OR PAYMENT (2)
DESCRIPTION OF THE VIOLATION MANNER OF CORRECTING THE VIOLATION VOLUNTARY CORRECTION INDUCED CORRECTION If the violation is corrected before the SUNAT's notification indicating the violator has incurred a violation takes effect (3). If the violation is corrected from the date the notification indicating the violator has incurred a violation takes effect until the seventh business day after notification of the enforcement resolution related to the fine resolution, if applicable. If the violation is corrected from the eighth business day after notification of the enforcement resolution related to the fine resolution and up to one hundred twenty business days after notification of the enforcement resolution.
From the application of Article 13-C of the Regulations
The provisions of Article 13-C, incorporated into the Regulation by this superintendency resolution, apply to the fine penalty for the infraction classified in numeral 1 of Article 176 of the Tax Code that the obligated subjects may have incurred even prior to the date this norm enters into force, provided that the offender meets the gradation criteria established in said article and has not previously availed themselves of a gradation, without generating any right to refund or compensation.
Colombia
MODIFICATION OF ARTICLE 2.2.5 ON THE SUBMISSION OF FOREIGN EXCHANGE EXOGENOUS INFORMATION
Resolution No. 230 published on 10.20.2025
Amendment of Article 2.2.5 of Resolution 000180 of September 26, 2024
ARTICLE 2.2.5. START OF THE OBLIGATION TO SUBMIT INFORMATION
Presentation of the foreign exchange exogenous information for IMC for the period October 30 to December 31, 2023 and the quarters of 2024.
The exchange-related exogenous information of the IMCs, corresponding to the period between October 30 and December 31, 2023; as well as that of the first quarter (January to March), second quarter (April to June), third quarter (July to September), and fourth quarter (October to December) of the year 2024 must be submitted to DIAN no later than the last calendar day.
for the month of January 2026, without considering the quarterly deadlines established in Article 2.2.1. of this resolution.
Presentation of exchange rate exogenous information from the IMC corresponding to the quarters of the year 2025 and the first quarter of the year 2026
The exchange exogenous information of the IMCs, corresponding to the first (January to March), second (April to June), third (July to September), and fourth (October to December) quarters of the year 2025, and the first (January to March) quarter of the year 2026, must be submitted to DIAN no later than the last calendar day of April 2026, without regard to the quarterly deadlines established in Article 2.2.1. of this resolution.
Presentation of exogenous exchange rate information for compensation account holders and post service concessionaires (period 2023 and year 2024)
The exchange-related exogenous information from compensation account holders and postal service concessionaires that provide postal financial services for the fourth quarter (October to December) of 2023; and for the first (January to March), second (April to June), third (July to September), and fourth (October to December) quarters of the year 2024 must be submitted to DIAN no later than the last calendar day of January 2026, without regard to the quarterly deadlines established in Article 2.2.1. of this resolution.
Presentation of Foreign Exchange Exogenous Information from Compensation Account Holders and Postal Service Concessionaires (Year 2025 and First Quarter of 2026)
The foreign exchange exogenous information of compensation account holders and postal service concessionaires that provide postal financial services corresponding to the first (January to March), second (April to June), third (July to September), and fourth (October to December) quarters of 2025 and the first (January to March) quarter of 2026 must be submitted to the DIAN no later than the last calendar day of April 2026, without regard to the quarterly deadlines established in Article 2.2.1. of this resolution.
Exchange rate exogenous information presentation generated from the second quarter of 2026 onwards
The exchange rate exogenous information of the IMCs, holders of compensation accounts, and postal service concessionaires providing postal financial services generated from the second quarter (April to June) of 2026 onwards, must be submitted in accordance with the deadlines set out in the calendar indicated by Article 2.2.1. of this resolution, which will apply to the submission of exogenous exchange rate information.
Applicable formats for reporting foreign exchange information
The formats contained in the technical annexes of this resolution shall be applicable as per the terms of this article and of article 2.2.1 of Chapter 2 of Part 2 of Resolution No. 000180 of September 26, 2024, for reporting exchange declarations and external credit reports submitted from October 30, 2023, through Foreign Exchange Market Intermediaries (IMCs); as well as for reporting operations of
changes channeled from October 1, 2023, through the compensation accounts, going forward.
Validity
Entry into force of the resolution: This resolution shall take effect on the day following the date of its publication.
Panama
Legal feasibility of the General Directorate of Revenue (DGI) supplying anonymous tax data to third parties
Note C-267-25, issued by the administrative prosecutor's office, published on 10.09.2025
I. Legality of Administrative Acts and their Presumption of Validity
Administrative acts issued by public officials in the exercise of their functions must be limited to what is permitted by law, and in strict compliance with the constitutional mandate, such conduct will imbue and ensure that the issued act is presumed to be equally legal.
II. Confidentiality of Tax Information and Scope of Article 722 of the Tax Code
Article 722 of the Tax Code enshrines the principle of confidentiality of tax information, which constitutes the cornerstone of the tax system by providing taxpayers with security regarding the privacy of their personal affairs, with the further purpose of encouraging them to submit truthful representations of their income, expenses, and investments, as has been previously addressed in consultations C-171-23 of November 23, 2023, and C-249-25 of November 12, 2024, whose criteria are reiterated by this Prosecutor's Office.
III. Prohibition of disclosing information contained in taxpayer statements
The aforementioned rule states in its initial paragraph that: “The amounts or sources of income or profits, or losses, expenses, or any other data related thereto, that appear in the taxpayer's returns, may not be disclosed in any way, nor shall they or their copies and the accompanying documents be examined by persons other than the taxpayer or their representative or agent” (The emphasis is from the Office). It expressly prohibits that the amounts or other information contained in the taxpayer's returns and their supporting documentation be made available to third parties.
IV. Exceptional Cases in Which Tax Information May Be Provided
In that regard, the aforementioned Article 722 adds the cases in which tax information may be provided, with the caveat that confidentiality must be maintained, and that the requesting authority may only use it for the purposes stated in the request. The cases listed are as follows:
Inspection of the declaration and accompanying documents, which judicial and fiscal authorities verify, when such inspection is necessary for the prosecution of trials or investigations in which the State has an interest.
Publication of statistical data in a form that prevents the identification of individual reports, statements, or entries.
Delivery of authenticated photocopies, in cases involving food processes and those where the State is a party, and when judicial and public prosecution authorities deem it justified to request them.
· Ocular inspections in civil trials where a taxpayer is a party, with the same requirements and formalities permitted for the inspection of merchants' books and documents.
At the request of the Social Security Fund.
V. Consistency with the Tax Procedure Code
For its part, the Tax Procedure Code, in articles 152 and 159, maintains consistency with the Fiscal Code by reiterating the principle of tax confidentiality, and even warns of the existence of civil, criminal, and administrative liabilities.
VI. Impossibility of disclosing statement amounts to third parties
The provisions of the Tax Code and Tax Procedure Code (Law No. 76 of 2019) do not allow the amounts stated in taxpayers' returns, as well as in supporting documentation, to be disclosed to third parties.
Honduras:
Country-by-Country Reporting Obligation
AGREEMENT SAR-653-2023, published on 11/19/2024
1. Obligation for the Ultimate Parent Entity Resident in Honduras
The ultimate parent entity of a multinational group that is tax resident in Honduras must submit the Country-by-Country Report to the Tax Administration. The submission must be made in accordance with the established technical requirements and within the deadline, corresponding to its Reportable Fiscal Year.
2. Obligation for a Member Entity resident in Honduras that is not the Ultimate Parent Company
An Ultimate Parent Entity that is not an Ultimate Parent Entity shall submit the Country-by-Country Report if:
a) The entity is a tax resident of Honduras; and
b) At least one of the following conditions is met:
The Ultimate Parent Entity is not required to file the Country-by-Country Report in its tax residence jurisdiction.
2. The jurisdiction of residence of the Ultimate Parent Entity has an in-force international instrument to which Honduras is a party, but it does not have an enabled mechanism between competent authorities by the filing deadline.
3. The ultimate parent entity's jurisdiction of residence has systematically failed to comply, as previously notified by the Tax Administration to the subsidiary entity resident in Honduras.
Optional designation within the group
If various Constituent Entities of the same Multinational Group are tax residents in Honduras and meet any of the above assumptions, the group may designate one of them to submit the Country-by-Country Report on behalf of all, provided that the Tax Administration is notified of such designation.
3. Exception to the obligation to submit the report in Honduras
It will not be mandatory to submit the Country-by-Country Report in Honduras if the group already complies with this obligation through a Surrogate Parent Entity residing abroad, provided that all of the following conditions are met:
The Surrogate Parent Entity shall deliver the Country-by-Country Report in accordance with the technical requirements and within the established deadline.
b. The tax residence jurisdiction of said entity has an enabled mechanism between competent authorities in which Honduras participates.
c. The jurisdiction of residence of the Substituted Parent Entity has not been identified as a systematic non-complier.
d. The Constituent Entity resident in that jurisdiction has formally informed that it will act as the Surrogate Parent Entity.
e. The corresponding notification has been filed with the Honduran Tax Administration.
4. Income threshold to determine liability in Honduras
A Multinational Group will not be required to submit a Country-by-Country Report in Honduras when the ultimate Parent Entity's jurisdiction of residence has set a revenue threshold equal to or less than 750 million euros, converted to the national currency at the exchange rate in effect in January 2015.
Notification obligations
No later than December 31 of the Reportable Fiscal Year, the Legal Representative of each Constituent Entity fiscally resident in Honduras must digitally notify the Tax Administration:
1. If the entity is an Ultimate Parent Entity or a Substituted Parent Entity; or
2. If you do not have any of these conditions, you must report the identity and tax residence of the Reporting Entity of the group.
Notification shall be made through the means and formats officially communicated by the Tax Administration.
Format and submission deadline
1. The Country-by-Country Report must be submitted via an XML file that complies with the internationally established standard structure. The electronic portal for its submission will be announced by the Tax Administration.
The maximum deadline for its submission is 12 months from the last day of the Reportable Fiscal Year.
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