Mexico: New mining and environmental royalties

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: New mining and environmental royalties

cuellar.jpg

paris.jpg

David Cuellar


Caroline Paris

In the July 2013 issue, we discussed a new 5% mining tax to be introduced to the Mexican tax legislation. This was following a proposal by the Institutional Revolutionary Party (PRI for its initials in Spanish) in March 2013, to establish a tax for the extraction of minerals in favour of the states and municipalities where mining activities are performed. The proposal was approved by the House of Representatives and passed to the Senate for approval. However, in September 2013, while its analysis and approval by the Senate was still pending, the Federal Government decided to include this proposed tax in the tax reform package for 2014, with several important modifications. The tax reform proposal was approved by the Mexican Congress on October 31 2013 and is applicable as of January 1 2014.

There are two new taxes to consider, which are adding a significant tax burden to multinational mining companies with Mexican projects.

The initially proposed and partly approved 5% royalty is replaced by a 7.5% tax applicable on net revenues arising from the sales related to the mining activities, calculated not including depreciation (except those involved in mining prospecting and exploration), interest and the annual inflation adjustment. This royalty payment is deductible for tax purposes, resulting in an effective tax rate of 5.25%.

In addition, the creation of an annual extraordinary fee aimed to finance the environmental erosion impact of the gold, silver and platinum mining industries was also approved. Hence, a new tax, at a rate of 0.5%, is now applicable to gross income arising from the sales of gold, silver, and platinum. This environmental fee is also deductible for tax purposes so that the effective rate is 0.35%.

It is worth mentioning that the 2014 tax reform maintained the additional fees applicable to idle mining properties. An additional 50% of the highest existing concession fee (based on hectares) will be payable by concession holders not conducting demonstrable exploration and exploitation activities for two consecutive years within the first 11 years of obtaining the mining concession. The fee will reach 100% of the existing concession fee if no exploration or exploitation work is done for two consecutive years after the eleventh year of obtaining the concession title.

David Cuellar (david.cuellar@mx.pwc.com) and Caroline Paris (caroline.paris@mx.pwc.com)

PwC

Tel: +52 55 5263 5816

Fax: +52 55 5263 6010

Website: www.pwc.com

more across site & shared bottom lb ros

More from across our site

Canadian Prime Minister Mark Carney and US President Donald Trump have agreed that the countries will look to conclude a deal by July 21, 2025
The firm’s lack of transparency regarding its tax leaks scandal should see the ban extended beyond June 30, senators Deborah O’Neill and Barbara Pocock tell ITR
Despite posing significant administrative hurdles, digital services taxes remain ‘the best way forward’ for emerging economies, says Neil Kelley, COO of Ascoria
A ‘joint understanding’ among G7 countries that ‘defends American interests’ is set to be announced, Scott Bessent claimed
The ‘big four’ firm’s inaugural annual report unveiled a sharp drop in profits for 2024; in other news, Baker McKenzie and Perkins Coie expanded their US tax benches
Representatives from the two countries focused on TP as they met this week to evaluate progress under a previously signed agreement – it is understood
The UK accountancy firm’s transfer pricing lead tells ITR about his expat lifestyle, taking risks, and what makes tax cool
Dolphin Drilling intends to discuss the final liability amount and manner of settlement with HM Revenue and Customs
Winning the case against the 20% VAT imposition was always going to be an uphill challenge for the claimants, UK tax advisers argue
A ‘paradigm shift’ in Chile’s tax enforcement requires compliance architecture built on proactive governance, strategic documentation and active monitoring of judicial developments
Gift this article