Mexico: Mexican taxpayers’ advocacy institution issues recommendation on Mexican tax authorities’ requests for notarisation of private documents

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Mexico: Mexican taxpayers’ advocacy institution issues recommendation on Mexican tax authorities’ requests for notarisation of private documents

cuellar.jpg

leon.jpg

David Cuellar


Luis Leon

Under article 42 of the Mexican Federal Tax Code presently in force, the Mexican tax authorities are empowered to request all necessary documentation to verify that taxpayers, jointly and severally liable parties or related third parties are compliant with applicable tax provisions. In this regard, the Mexican tax authorities may assess the evidentiary value of the documents provided by taxpayers in the course of a tax review. For approximately 10 years now, the authorities have occasionally requested the notarisation of private documents (for example, contracts) submitted to them by taxpayers, in an effort to curb what are deemed as non-compliant tax practices.

Notwithstanding the above, the Mexican Federal Code of Civil Procedures (which is of supplementary application in the absence of specific tax legislation) in general terms deems a private document as proof of the facts stated therein. On August 2014, the Mexican Attorney General's Office for the Defence of Taxpayers' Rights (PRODECON, per its acronym in Spanish) released a public recommendation stating that the Mexican tax authorities should abide by the information set forth in a private document submitted by a taxpayer, with no need for notarisation of said document. In the view of the PRODECON, the Mexican tax authorities' position of requiring the notarisation of private documents transgresses fundamental rights to legality, legal certainty and legal security.

As of today, most taxpayers are not keen on notarising private documents due to the additional administrative costs and burden that such a process entails. On the other hand, despite the issuance of the PRODECON's recommendation mentioned above, the Mexican tax authorities are still requesting the notarisation of private documents submitted by taxpayers.

In view of the above, Mexican taxpayers may want to evaluate the convenience of notarising private documents to avoid potential issues with the Mexican tax authorities, notwithstanding the recommendation issued by the PRODECON, versus the additional administrative costs and burden that such a process would entail, which in practice should generally not be that relevant.

David Cuellar (david.cuellar@mx.pwc.com) and Luis Leon (luis.leon.robles@mx.pwc.com)

PwC Mexico

Tel: +52 55 5263 5816

Website: www.pwc.com

more across site & shared bottom lb ros

More from across our site

ITR spoke to multinationals, advisers and software providers about a June 30 deadline defined by faulty portals, high compliance costs and hard lessons
After years of onerous pillar two prep, businesses will be galled in seeing tax revenues outweighed by compliance costs
Tax advisers should revisit India secondment arrangements after the EY US ruling strengthened the Centrica precedent and raised fresh withholding concerns
Despite the shortfall, effective tax rates of multinationals have seen a ‘statistically significant rise’
After joining Milbank from Akin Gump, the fund tax specialist discusses sponsor demand, practice building, and the tax challenges facing asset managers
Partner payouts could also be reduced by a fifth, it has been reported
There is no logical reason not to extend an exemption from EU CFC rules to multinationals headquartered in side-by-side jurisdictions, USCIB said
While rarely the sole driver of a combination, tax is becoming an increasingly important part of firms' efforts to keep up with client expectations
New research, which suggests LLMs can silently corrupt complex documents, should alert tax and legal teams relying on AI to handle iterative drafting and compliance workflows
Maintaining increased funding for HMRC is a ‘high possibility’ if he becomes PM, ITR has also heard
Gift this article