2019 Mexico Tax Guide

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FINANZAS-FISCAL-LEGAL CORPORATIVO
Mexico – 2019 Tax Overview and Insights
A new President (Andrés Manuel López Obrador) took office on December 1st, 2018. He is expected to rule
for a six-year period (2018-2024). His campaign promises included not to enact new taxes, and not to
increase already existing taxes. With the new government, a significant number of changes occurred in
the relevant personnel structure of the Tax Administration Service (Servicio de Administración Tributaria,
SAT), a federal regulatory agency (Órgano Desconcentrado) of the Ministry of Finance and Public Credit in
charge of administering the Mexican tax and customs system at the federal level.
The Federal Income Law for FY 2019 included a series of measures and provisions which shall be carefully
assessed in order to determine their impact on taxpayers. Among others, such law covered items such as
fines related to non-compliance of certain federal tax obligations; different types of fiscal incentives;
specific tax treatment/regime of certain activities performed by individuals; new definitions of certain
motor fuels and others for purposes of the excise tax law; redefined scope for the information return on
relevant transactions (quarterly); amendments to the federal tax set-off optional mechanism (“universal
offset of taxes mechanism”); additional reporting obligations for certain motor fuels distribution and
public sale permits/licenses holders; additional prerogatives and powers for the Energy Regulatory
Commission (Comisión Reguladora de Energía, CRE); increasingly supervision and control over legal
entities and trusts duly authorised to receive tax deductible gifts (donations); preparation of tax
avoidance/evasion reports by the Ministry of Finance/tax authorities; availability of a self-correction
programme for purposes of anti-money laundering provisions.
Recently, there were issued executive orders containing certain tax incentives which would be available if
certain requisites and conditions are met.
On the one hand, tax credits can be accessed in relation to withholding taxes on interest payments to non-
residents (i.e. withholding taxes related to interest payments derived from bonds issued by entities
resident in Mexico, and which are placed amongst the investing public (investors) through stock markets
duly recognised according to the provisions of the Securities Market Law). On the other hand, a tax
incentive is granted to taxpayers (tax resident individuals as well as non-resident individuals and legal
entities) related to a harmonised income tax rate of 10% levied on gains obtained by those taxpayers, and
derived from the sale/disposal of shares issued by (Mexican) entities resident in Mexico through stock
markets duly authorised according to the Securities Market Law.
Additionally, there are now available tax incentives for the so-called northern border region. Those tax
incentives would be applied in the territory of certain Mexican municipalities across the Mexico-US border.
The relevant executive order enacting the tax incentives will be in force and effect as of January 1st, 2019
and it will be valid during FYs 2019 and 2020. Generally speaking, the incentives are related to income tax
(availability of tax credits), and VAT (credits equivalent to 50% of the current VAT domestic statutory rate
of 16%, thus effectively reducing it to 8%).

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I. Federal income tax.
Mexican tax law distinguishes between residents and non-residents, whether it be individuals, companies
or other entities treated as corporate bodies. As a general rule, residents are subject to taxation in Mexico
on their worldwide income, whereas non-residents are taxed only on their Mexican-sourced income.
Corporations (legal entities) are assessed as Mexican residents if they are headquartered in Mexico (i.e. if
they have established in Mexico their main business administration or their place of effective
management). There are certain tie-breaker rules under domestic law (as well as under double taxation
agreements executed by Mexico) to determine tax residency for individuals.
Under domestic law, individuals and legal entities are subject to income tax in the following cases: (i)
residents, in respect to their entire income, and irrespective of the source location from where it is
derived; (ii) non-residents who have a permanent establishment (PE) in Mexico, and in respect to the
income attributable to such PE; (iii) non-residents, in respect to the income derived from Mexican sources,
and when they do not have a PE in Mexico, or when they have it, the relevant income is not attributable
to such PE.
Generally speaking, under domestic tax law, non-residents (including legal entities and individuals)
without a PE in Mexico, or with a PE in Mexico to which Mexican-sourced income is not attributable, and
deriving certain types of income in cash, in goods, in services, or in credit from Mexican sources, will be
subject to tax. However, certain exemptions would apply to investments performed by foreign pension
funds. Moreover, under the Income Tax Law (Ley del Impuesto Sobre la Renta, LISR), a non-resident shall
be considered to have a PE in Mexico if certain conditions under domestic law or double taxation
conventions celebrated by Mexico are met. Among others, the tests for a finding of a PE include: the
physical PE test, the agency test, subsidiary PE test, building sites and construction facilities, etc. Domestic
tax law provides for certain exceptions for a place of business in order to be excluded from the status as
a PE (e.g. if the facility is merely of a preparatory or auxiliary character). Special regard should be given to
cases where non-residents perform entrepreneurial activities through trusts within Mexican territory, and
activities of insurance companies should be assessed on a case-by-case basis. For Mexican tax purposes,
a PE is treated as a taxpayer; however, it should not be assessed as a Mexican resident. Income
attributable to a Mexican PE would include that stemming from entrepreneurial activities performed
through such PE, or income from fees and rendering independent personal services, sales of merchandise
or real estate located in Mexico. Additionally, income attributable to a PE would include that obtained by
the head office or any of its foreign offices/establishments, and proportionally to the costs and expenses
incurred by the PE in the generation of the relevant income.
Non-residents involved in operations corresponding to the so-called Maquiladora regime (e.g. carrying
out certain processing-related activities on raw materials and inventories) should assess their positions on
a case-by-case basis in order to determine the creation or not of a PE in Mexico.
For the most part, income tax is payable by taxpayers in Mexico and is levied at the federal level, with only
certain items being subject to taxation at the state or municipality level (inter alia, acquisition of real
estate, property and payroll taxes, which vary in each case). Corporations are subject to corporate income
tax at a rate of 30%. Generally speaking, the taxable period is similar to the calendar year. Not-for-profit
organizations are assessed as non-taxpayers for income tax purposes, and those taxpayers exclusively

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engaged in activities related to agriculture, livestock, fishing, or forestry would be subject to a specific tax
treatment which may reduce their tax liabilities. For 2019, the maximum income tax rate (annual tax rates)
for a resident individual is 35% with progressive tax rates.
II. Legal system.
The Mexican tax legal framework includes:
i. The Federal Income Law (Ley de Ingresos de la Federación), which is approved on a yearly
basis and provides the federal taxes, levies, duties, assessments, fees and other charges
imposed by the federal government during the relevant year;
ii. The Federal Fiscal Code and its regulations (Código Fiscal de la Federación y Reglamento del
Código Fiscal de la Federación);
iii. The Income Tax Law and its regulations (Ley del Impuesto Sobre la Renta y Reglamento de la
Ley del Impuesto Sobre la Renta);
iv. The Value Added Tax Law and its regulations (Ley del Impuesto al Valor Agregado y
Reglamento de la Ley del Impuesto al Valor Agregado);
v. A number of international treaties (e.g. such as double taxation conventions, comprehensive
agreements for the exchange of tax information, multilateral convention on mutual
administrative assistance in tax matters, etc.);
vi. Miscellaneous Tax Resolutions/Omnibus Tax Bill (Resolución Miscelánea Fiscal);
vii. Non-Binding Principles (Criterios No Vinculativos);
viii. Normative Guidelines (Criterios Normativos);
ix. Frequently Asked Questions (Preguntas Frecuentes);
x. Rulings (Confirmaciones de Criterio); and
xi. Local tax laws and regulations as well as those enacted by municipalities (Leyes Locales y
Municipales).
Generally speaking, the limitation period for taxation authorities to assess and collect taxes, review
returns, or impose additional tax liabilities is five years (from the date the relevant return is submitted).
In certain cases, the statute of limitation period expires in 10 years. The relevant period in order to claim
a tax refund would elapse in five years. Rights of tax authorities in order to investigate fiscal criminal
offences would not expire in the periods of time herein referred.
III. Taxation authorities.
The Tax Administration Service (Servicio de Administración Tributaria, SAT), a federal regulatory agency
(Órgano Desconcentrado) of the Ministry of Finance and Public Credit, is the authority in charge of
administering the Mexican tax and customs system at the federal level. However, there are also
coordination agreements in place between federal and state competent authorities which allow states to
collect certain federal taxes under specific conditions. Local tax administration agencies and offices also
exist at the state level.
The Taxpayers’ Defence Attorney’s Office (Procuraduría de la Defensa del Contribuyente, PRODECON) is a
Mexican (decentralised) government organisation acting as Ombudsman for taxpayers, which among

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others provides advice and prepares recommendations to the local tax authorities. Recently, PRODECON’s
conclusive agreements had helped reconcile diverse and/or contradictory approaches to tax issues taken
by both taxpayers and fiscal authorities (e.g. audits, controversial rules, criteria, etc.).
Taxation authorities have focused their attention into tax inspections and audits related to transactions
with non-residents (usually payments abroad and flows of assets and services), deductibility of expenses,
transfers of fiscal losses, issuance of electronic invoices related to non-existing transactions with
recognition of fiscal effects, transfer pricing issues, customs duties, etc. Tax refunds by the government
are still time-consuming and burdensome thus creating potential cash-flow concerns for taxpayers.
IV. Special purposes vehicles.
Non-residents are allowed to do business in Mexico both on a permanent, and non-permanent basis. For
these purposes, it is not mandatory to form a Mexican business entity or company or establish a Mexican
branch or representative office. However, any presence in Mexico should be carefully assessed taking into
account the relevant business model to be implemented. The LISR includes specific provisions regulating
the taxation of certain items of income derived from Mexican sources by non-residents (without a PE
within Mexican territory, or by non-residents with a PE but the income is not attributable to such PE).
Special attention shall be paid to the status of investments made by non-resident pension funds.
However, if the intention of a non-resident is to undertake business activities in Mexico on a regular basis,
then non-residents usually opt to either register a Mexican branch or representative office, or establish a
Mexican subsidiary/legal entity. Business trusts may also be used to perform business in Mexico.
Mexican tax law contains certain tax incentives, including specific rules for the treatment of domestic real
estate investment trusts (REITs) dedicated to the acquisition or construction of real estate. Additionally,
Mexican tax authorities put in place regulations on local trusts issuing publicly traded securities in the
form of bonds (Certificados Bursátiles Fiduciarios de Inversión en Energía e Infraestructura, FIBRAs E) listed
on the domestic stock exchange. One of the main purposes of FIBRAs E is to invest in equity of resident
companies which own assets, and perform activities exclusively related to infrastructure and energy
projects. There are also certain tax incentives applicable to the promotion of investments in domestic
venture capital through trusts (e.g. business angels).
1. Mexican branch
Determined on a case-by-case basis, a Mexican branch may constitute a PE in Mexico for tax purposes.
Usually, in order to register a branch, the relevant non-resident shall (i) formalize before a Mexican notary
public the articles of incorporation and by-laws of the foreign company; (ii) appoint an agent with
sufficient powers and authority to represent the non-resident head office; (iii) list an address for service
of process and tax purposes in Mexico; and (iv) register such articles of incorporation and by-laws with the
Public Registry of Commerce. The newly-registered Mexican branch, to the extent that it will perform
business activities in Mexico, shall obtain a tax ID, and will generally be subject to the same fiscal
obligations of Mexican taxpayers (including reporting and compliance), with certain exceptions as well as
deviations.

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Branches may be allowed to deduct for tax purposes pro rata allocations of expenses corresponding to
the head office or its establishments if certain conditions are met. Generally speaking, profit distributions
to the head office (different from those of remittances accounts) in cash or in-kind would be subject to
corporate income tax (grossed-up) unless the distribution is made from the balance of the net after-tax
earnings account (Cuenta de Utilidad Fiscal Neta, CUFIN). Additionally, under domestic law, profit
distributions by PEs to the head office or any of its foreign establishments are subject to an additional tax
at the rate of 10% on the profits or reimbursements/returns. If the case, the applicability of tax treaty
benefits should be confirmed on a case-by-case basis as different requirements would apply.
2. Mexican subsidiaries
The most common types of Mexican business companies used, pursuant to Mexico’s General Law of
Business Organizations (Ley General de Sociedades Mercantiles, LGSM) are limited liability companies
(Sociedades de Responsabilidad Limitada, SRL); stock companies (Sociedades Anónimas, SA), and stock
companies for investment promotion (Sociedades Anónimas Promotoras de Inversión, SAPI).
These types of companies are granted legal existence by means of their incorporation before a notary
public, and subsequent registration before the Public Registry of Commerce. Generally, piercing the
corporate veil is not permitted in Mexico for these companies, except in some limited circumstances.
However, Mexican courts have supported the possibility of piercing the corporate veil to avoid the evasion
of laws and abusive practices.
For closely held companies, SRLs are easier to manage than SA or SAPI companies. Due to the fact that
SRLs are less regulated, the corporate regulatory burden in an SRL may be easier to overcome than with a
SA or SAPI. Unlike SAs or SAPIs, the shareholders of SRLs are known as “members”, and their equity
participation is represented by membership interests.
SAPIs were introduced in Mexican law as a modality of the SA, mainly to promote and facilitate the
creation of publicly traded companies. In addition to the provisions applicable under the LGSM to SAs,
SAPIs are further regulated by the Securities Market Law (Ley del Mercado de Valores, LMV). However,
SAPIs are not required to become publicly traded companies, and may remain closely held as long as
desired. In fact, because of the ample flexibility that Mexican law provides to freely regulate the corporate
governance matters of SAPI companies, this type of company is often used to implement joint ventures
requiring special corporate governance arrangements, even if there is no intent of becoming publicly
traded.
V. Financing.
1. Equity financing
Where an equity investment is made into a Mexican company in exchange for shares or membership
interest, the amount of the investment is added to the corporation’s capital contributions account (Cuenta
de Capital de Aportación, CUCA). Generally speaking, CUCA is integrated by capital contributions, net
subscription premiums, and certain balances stemming from distributed profits adjusted according to the

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law. The balance of the CUCA account should not include reinvested or capitalised profits or any other
item that may form part of the net equity of the entity.
Funds may also be contributed by a shareholder or member to a Mexican company without the issuance
of additional shares through the so-called “contributions for future capital increases” (aportaciones para
futuros aumentos de capital). These contributions are only reflected in the company’s stated capital once
a corporate resolution is passed approving their “capitalisation”. Contributions for future capital increases
are assessed as debt in the context of annual inflationary adjustments rules. Under domestic tax law,
taxpayers are required to compute on an annual basis a relevant adjustment for inflation (inflationary
adjustment) which may result in additional taxable income or in a deductible expense. Such adjustment
shall take into account annual average balances of liabilities (debts) and credits, and increases in the
National Consumer Price Index (Índice Nacional de Precios al Consumidor, INPC). Therefore, taxpayers shall
recognize for tax purposes the inflationary gains or losses attributable to monetary liabilities and assets.
2. Debt financing
Mexican companies are permitted to borrow funds from residents, non-residents, related or non-related
parties. Interest payments, which essentially include any payments made in connection with the relevant
loan, and assessed as interest according to the provisions of domestic law made by a Mexican resident
company to a non-resident are generally subject to a withholding tax (WHT). However, certain types of
interests would be exempt from WHT as specified by domestic law. It should be noted that interest
income, capital gains as well as income from the temporary use/enjoyment of land or buildings adhered
to the land located in Mexico, is not subject to tax (WHT) to the extent the income is derived from
investments by foreign pension funds, and as long as such pension funds are the ultimate beneficial
owners of the income, and the income is exempt from income tax in the relevant jurisdiction of the
pension fund. Statutory WHT rates on interest payments to non-residents may vary from 4.9% to 35%.
Under certain circumstances, interest payments to non-residents may be subject to a WHT rate of 40%
(e.g. cases in which income attributable to non-residents is subject to a preferential tax regime).
Moreover, the relevant WHT rate on interests may be reduced or eliminated under the more favourable
provisions of tax treaties Mexico has entered into with other countries (provided the tax treaty and
domestic law conditions are met).
3. Interest expenses
As a general rule, interest expenses would be deductible for income tax purposes to the extent the
acquired debt (principal amount) is invested in the main business activity of the Mexican taxpayer, WHT
obligations are met, relevant information returns on the loan and related party transactions are
submitted, and thin capitalisation rules as well as transfer pricing principles are followed.
Additionally, general anti-avoidance rules (GAAR) related to interest reclassification (deemed dividends)
should also be followed. Deductions are denied for items of income such as interest, royalties or technical
assistance under certain conditions (e.g. if the income is not subject to tax by the foreign recipient,
payments made to a foreign entity that controls or is controlled by the Mexican taxpayer, etc.).

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4. Thin capitalisation
If the lender is a non-resident related party, certain thin capitalisation rules are applicable. Under these
rules, whenever the borrower’s (Mexican taxpayer) debt-to-equity ratio exceeds 3:1, the interest paid to
the non-resident related party (lender) in connection with the portion of borrower’s indebtedness
exceedingthe permitted debt-to-equity ratio shall not be deductible. For instance, interest stemming from
excess debt contracted with a non-resident related party by a Mexican taxpayer entity is non-deductible
for income tax purposes.
Debt incurred by entities forming part of the financial system, and used for the execution of transactions
related to their corporate purpose as well as debt incurred for the construction, operation or maintenance
of productive infrastructure related to strategic areas for the country (Mexico) or for the generation of
electricity will not be included within the debt accruing interest for the taxpayer, and for purposes of
computation of the excess of debt. Moreover, domestic tax law provides for the possibility of obtaining a
ruling from the tax authorities for purposes of applying a higher debt-to-equity ratio in cases where
taxpayers would be able to prove that the activity they perform requires itself a higher leverage level.
5. General Anti-avoidance Rules (GAAR): reclassification of interests into dividends (deemed
dividends)
In cases involving interests stemming from credits granted to legal entities or PEs in Mexico of non-
residents by residents or non-residents who are related parties of the person liable for the credit,
taxpayers should be cognizant that interest deriving from those credits would be treated as dividends for
tax purposes in the following cases (in the event one of the following cases may occur):
i. When the borrower has made an unconditional promise to pay the loan, totally or
partially, on a date determinable at any time by the lender;
ii. When the interest payable under such loans are not deductible because they exceed
the interests payable at market conditions (arm’s length);
iii. When, upon default by the borrower, the lender has the right to intervene the direction
or management of the borrower;
iv. When the interest payable by the borrower is conditional to the obtainment of profits
or the amount of such interest is to be determined based on profits; and
v. When the interest is payable under “back-to-back loans”.
For these purposes, the term “back-to-back loans” includes: (i) transactions in which one person provides
cash, services or other goods to another person who, in turn, provides directly or indirectly cash, goods or
services to the first person or a party related to such first person; (ii) loans secured by cash, cash deposits,
shares or debt instruments of the borrower or a party related to the borrower, and (iii) loans conditioned
to the execution of one or more option agreements in favour of the lender or a related party of the lender,

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which exercise of the option would depend on the total or partial payment default of the credit or its
accessories owed by the borrower.
Loans secured by shares or debt instruments of any kind owned by the borrower or resident related parties
of the borrower are not considered back-to-back loans as long as the lender is not allowed to dispose of
those assets.
When interest expenses are reclassified as deemed dividends for income tax purposes, then the relevant
tax deductibility of interest payments would be disallowed. Under these circumstances, it shall be further
assessed the implications corresponding to the tax treatment of deemed/constructive dividends.
VI. Stamp tax.
Mexico does not impose a stamp duty, and currently Mexico does not have in place foreign-exchange
controls.
VII. Personal Income Tax.
According to relevant provisions of the LISR, resident individuals who derive income in cash, in goods,
accruable under the cases established by law, in credit, in services as established by law, or of any other
type will be subject to income tax. Additionally, non-resident individuals who perform entrepreneurial
activities or render independent personal services in Mexico through a PE, will be subject to income tax
for the income attributable to such PE. Therefore, resident individuals would be subject to tax on their
worldwide income, whereas non-residents would be subject to tax on Mexican-source income.
The Mexican Fiscal Federal Code contains specific tie-breaker rules in order to establish tax residency for
individuals.
Moreover, the LISR regulates the taxation of different types of income derived by individuals including
income from salaries and wages and derived from dependent personal services (employment income);
income from entrepreneurial and professional activities (self-employment and business income); rental
income (leasing); income from disposal of assets; income from disposal of securities in stock markets;
income from the acquisition of assets (gifts and donations); interest income; income derived from prizes
and awards; dividend income (investment income); other income.
For 2019, the maximum annual tax rate for resident individuals is 35%. Regarding income tax (WHT) to be
levied on income from salaries paid in a calendar year to non-resident employees by resident employers
or by foreign employers with a PE in Mexico (salaries and wages derived from Mexican sources), domestic
law establishes progressive tax rates from exempt income to 30%.
Currently, income obtained/derived from estates and bequests is not subject to tax. Gifts and donations
are also not subject to tax under certain conditions and in certain cases.

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VIII. Transfer pricing.
The Income Tax Law also provides the rules applicable to transactions among related parties, and
applicable methods to comply with transfer pricing principles, name the arm’s length principle.
Mexican taxpayers engaging in transactions with domestic and foreign related parties are required to
conduct such transactions using prices and consideration that would have been used by unrelated parties
in comparable transactions. Transfer pricing documentation and reporting requirements are applicable to
all transactions among related parties. The reporting shall be supported by transfer pricing studies
conducted pursuant to the methodologies permitted under the applicable laws.
Mexico’s transfer pricing rules recognize transfer pricing methods (i.e. comparable uncontrolled price,
resale price, cost plus, profit split) which are in essence consistent and aligned with the Organisation of
Economic Co-operation and Development (OECD) transfer pricing guidelines.
IX. Payroll taxes.
Employment income (salaries and other income obtained by employees for activities performed in
Mexican territory) is also usually subject to payroll taxes. Such taxes are generally levied by states, and
which are payable by Mexican employers. Hence, payroll taxes are levied at the state level and vary from
case to case, typically ranging between 1% and 3%.
1. Social security contributions
Social security contributions include contributions to the Mexican Social Security Institute (Instituto
Mexicano del Seguro Social, IMSS), the National Workers Housing Fund Institute (Instituto del Fondo
Nacional de la Vivienda para los Trabajadores, INFONAVIT) and the Workers Retirement Fund (Sistema de
Ahorro para el Retiro, SAR).
Social security contributions will depend on a number of factors, such as the number of employees and
the employer’s risk premium, and the services rendered by the employees. Social security contributions
may total between 25% to 35% of payroll costs.
2. Profit-sharing
Mexican employers are required to engage in profit sharing. No profit sharing is paid during the first year
of operations. As a general rule, as of the second year of operations, Mexican employers are required to
share 10% of its annual taxable income with their employees on an annual basis (i.e. 10% of an adjusted
taxable income). Under certain circumstances, and if relevant requisites are met, the profit-sharing
amount distributed/paid is deductible for corporate income tax purposes.

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X. Indirect taxes.
1. Value added tax
In Mexico, the value-added tax (VAT) is levied upon the supply of goodsand independent services provided
in Mexico, importation of goods and services, and the grant of temporary use or the enjoyment of goods
within Mexican territory. The standard VAT rate is of 16% with certain activities being subject to a zero
VAT rate. The VAT law also includes certain activities/transactions which are exempt from VAT. Recently,
an executive order was issued at the federal level effectively implementing certain tax incentives for the
northern border region (which includes an array of specific municipalities). Among others, through such
executive order it may be possible to levy an effective VAT rate of 8% for certain business activities
performed in the northern border region. Strict requirements shall be met in order to access such VAT
reduced effective rate of 8%.
In essence, VAT in Mexico follows a pass-through model so that VAT is effectively borne by the final
customer in any given chain of production. VAT paid by companies on purchases and expenses (including
those subject to a zero rate) may be credited against the VAT collected from customers on sales or services
rendered. VAT paid on purchases and expenses in excess of VAT collected from customers on sales may
be recovered via a refund process as positive/favourable VAT balances (if requested, and relevant
requisites are met). For FY 2019, the previously established “universal” offset mechanism (optional
mechanism) was substantially amended; therefore, VAT positive balances may not be offset against other
taxes thus creating potential cash-flow concerns for domestic enterprises (as VAT refundsusually are time-
consuming and burdensome).
2. Excise taxes.
Mexico has a set of excise taxes, mainly under the Excise Tax Law (Ley del Impuesto Especial Sobre
Producción y Servicios, LIEPS). Generally speaking, individuals and legal entities performing certain
transactions would be subject to tax (e.g. sales in Mexico or imports of goods included in the law, and
rendering services also included in the law). In this respect, relevant goods include motor fuels, spirits,
beer, cigarettes, tobacco products, energy drinks, wine, pesticides, etc. Additionally, services would
include commissions, mediations, agencies, distributions, raffles and gambling, public networks of
telecommunications, etc. Definitive exports of certain goods covered by relevant law provisions are
usually subject to tax at a 0% rate.
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2019 Mexico Tax Guide

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2019 Mexico Tax Guide