Mexico: The “business reason” in the Mexican tax law

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: The “business reason” in the Mexican tax law

Sponsored by

Sponsored_Firms_deloitte.png
Casinos are among those businesses impacted by partial exemption

In order to provide legal and tax treaty certainty, such a concept should be included and described in legislation because, the mere use of it has a clear negative impact on such resolutions.

It has become common practice for Mexican tax authorities to reject the deductibility of taxpayers' transactions based on an alleged lack of business reason of such operations. The SAT (the Mexican tax administration service) has found in this supposed business purpose an excuse to easily deny tax refunds and other valid operations of taxpayers without properly explaining what constitutes a valid "business reason", or how to prove that a given transaction actually had a business purpose.

It should be noticed that the Mexican law contains no provision defining the concept of a business reason, nor in which situations tax authorities are allowed to apply it, deriving in arbitrary rulings, tax refund denials or unjustified tax assessments by the SAT.

This is relevant especially in international transactions, where the rejection of a deduction consisting of a payment made abroad by a Mexican company to either a related or a non-related party will cause a double taxation scenario, regardless if the payment is made to a company residing in a tax treaty partner jurisdiction.

What is understood as a "business reason"?

As mentioned above, since the term "business reason" has no legal basis. Its interpretation depends on the tax authorities criteria in a case-by-case scenario. This discussion already reached the Supreme Court of Justice, which vaguely accepted the use of this principle by tax authorities for the specific cases discussed before the court.

Nevertheless, in Mexico, we still do not have any existing legal provision that describes or provides a proper meaning of what is to be understood as a "business reason" or the different features that the taxpayer should rely on in order to evidence the compliance with such a principle. At present, we only have non-binding criteria from the Mexican tax ombudsman and the above-mentioned decisions from the federal courts that state that whenever the tax authorities use the aforementioned concept, taxpayers will have to prove before such federal courts that their transactions had a business motive.

Therefore, Mexican taxpayers still do not have any legal certainty regarding the tax authorities' powers to use and apply this "business reason" concept, which clearly represents an additional and unnecessary burden for Mexican taxpayers. This situation continuously forces them to prove that they are indeed doing lawful activities that comply with the Mexican laws, even when the authorities do not have any legal basis to question their operations.

In order to provide legal and tax treaty certainty, such a concept should be included and described in legislation because, the mere use of it has a clear negative impact on such resolutions.

Further tax reforms will tell us if this arbitrariness ends or remains.

vega.jpg

Hernaldo Vega

 

aguirre.jpg

Arianna Aguirre

Hernaldo Vega (hevega@deloittemx.com) and Arianna Aguirre (araguirre@deloittemx.com)

Deloitte

Website: www.deloitte.com/mx

more across site & shared bottom lb ros

More from across our site

Case workers are ‘still not great’ but are making fewer enquiries, making the right decision more often and are more open to calls, ITR has heard
There is a shocking discrepancy between professional services firms’ parental leave packages. Those that fail to get with the times risk losing out in the war for talent
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
They are alleging that leaked tax information ‘unfairly tarnished’ their business operations; in other news, Davis Polk and Eversheds Sutherland made key tax hires
Overall revenues for the combined UK and Swiss firm inched up 2% to £3.6 billion despite a ‘challenging market’
In the first of a two-part series, experts from Khaitan & Co dissect a highly anticipated Indian Supreme Court ruling that marks a decisive shift in India’s international tax jurisprudence
The OECD profile signals Brazil is no longer a jurisdiction where TP can be treated as a mechanical compliance exercise, one expert suggests, though another highlights 'significant concerns'
Libya’s often-overlooked stamp duty can halt payments and freeze contracts, making this quiet tax a decisive hurdle for foreign investors to clear, writes Salaheddin El Busefi
Eugena Cerny shares hard-earned lessons from tax automation projects and explains how to navigate internal roadblocks and miscommunications
The Clifford Chance and Hyatt cases collectively confirm a fundamental principle of international tax law: permanent establishment is a concept based on physical and territorial presence
Gift this article