On 1 June 2018, a Decree that amends, adds and repeals several provisions of the Federal Fiscal Code, the Customs Law, the Federal Criminal Code, and the Federal Law to Prevent and Sanction Crimes in the Hydrocarbon Sector was published in the Official Gazette.
The aforementioned Decree provides, among others, the following amendments to articles 28, 81 and 82 of the Federal Fiscal Code, with regards to the Hydrocarbons Sector.
For tax purposes, accounting records are composed of ledgers; accounting systems and entries; working papers; account statements; special accounts; corporate books and ledgers; inventory control and valuation method; disks, tapes or any other means of data storage that may be processed; tax-registration electronic systems and equipment and the records produced by such equipment; the documentation used to support the respective journal entries, as well as all the documentation and information associated to the compliance of tax provisions that evidences income and deductions, and any other documentation required by other laws.
These measures will allow the information derived from operations carried out by any person that manufactures, produces, processes, transports, stores, distributes or disposes of any type of hydrocarbon or petroleum, to be reliable and verifiable for tax purposes. The latter will be used as a tool that will allow the Ministry of Finance and Public Credit, the Energy Regulatory Commission and the Ministry of Energy, to recognise the origin and destination of the oil industry’s value chain, and with it the government can implement measures to fight the illicit fuel market.