Mexico: New criteria to withhold VAT to foreign residents

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 criteria to withhold VAT to foreign residents

cuellar.jpg

nava.jpg

David Cuellar


Marco Nava

On May 31 2013 the Mexican tax authorities issued non-binding criteria on the application of the value added tax (VAT) law regarding VAT withholding to foreign residents, when certain transactions are carried out with Mexican taxpayers. According to the Mexican VAT Law, Mexican taxpayers are obliged to withhold and remit 16% VAT on the acquisition or leasing of tangible goods that are sold or granted by a foreign resident without a permanent establishment (PE) in Mexico. With this mechanism, Mexican taxpayers withhold the corresponding VAT and, if certain conditions are met, they can credit such VAT.

Additionally, the Mexican VAT law establishes that a foreign resident would be deemed as resident in Mexican territory for VAT purposes when it has one or more establishments (which may be intrepreted as not necessarily permanent, but just an establishment) for all the activities carried out therein. Consequently, there was an interpretation which suggested that some foreigners may be tax residents in Mexico for VAT purposes but not for income tax purposes and therefore the 16% withholding VAT resulted not applicable, without taking into consideration whether they have a PE in Mexico, or not.

In this regard, the Mexican tax authorities issued new criteria establishing that when a foreign resident without a PE in Mexico carries out activities regarding the acquisition or leasing of tangible goods in Mexico, the PE definition in the income tax law or in the tax treaties concluded by Mexico should be applicable; and it should be deemed as a non-binding criteria when a foreign resident with no PE in Mexico carries out these types of activities and the Mexican taxpayer does not withhold VAT, considering that the foreign resident is resident in Mexico for VAT purposes.

If an annual statutory tax report needs to be filed to the Mexican tax authorities by the auditor of a Mexican taxpayer, the auditor should disclose whether non-binding criteria were applied by the taxpayer, so these transactions should be reviewed in detail during the audit process.

It is recommended that foreign residents carefully structure their operations when leasing or selling tangible goods to Mexican residents on a case-by-case basis, and determine the corresponding tax consequences that may arise in Mexico both for income tax and VAT purposes.

David Cuellar (david.cuellar@mx.pwc.com) and Marco Nava (marco.a.nava@us.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

Uncertainty isn’t always a bad thing, but it’s easy to see how the Trump administration’s IRS commissioner merry-go-round may serve to undermine business confidence
The EU defended its ‘sovereign right’ to impose the tax in the face of US tariff threats; in other news, the US deputy Treasury secretary resigned after just five months
Ascoria’s chief revenue officer shares her career wisdom garnered from the disparate worlds of tax technology, electric cables, radio DJing and more
Businesses no longer have a choice when it comes to tax technology transformation. Pavlo Boyko of TMF Group says the question is simply: sink or swim?
The firm is hunting for a senior TP manager in its quest to build a full-service practice in Indonesia, A&M Tax’s Jakarta head Jaap Zwaan tells ITR
With a new government in place, the evolving tax landscape presents both opportunities and challenges for taxpayers
Major economies have expressed concerns, with China arguing a US global minimum tax exemption would be a violation of the principle of fair competition – ITR understands
Senator Richard Colbeck told ITR he was concerned by the decision to let PwC Australia tender for government contracts again after a scandal-induced ban
Whether it be due to a fragmented advisory market or a rise in M&A, Italy’s frenetic hiring has not gone unnoticed by ITR’s Talent Tracker
The deal gives Azets 14 new partners and boosts its Swedish revenues to over $100 million; in other news, Svalner Atlas launched in Copenhagen
Gift this article