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

Awards
ITR is delighted to reveal all the shortlisted nominees for the 2026 Europe Tax Awards
The firm has hired a team of private client lawyers from Withers to launch in New York and Connecticut, though ITR analysis suggests it faces stiff competition
The ability of tax authorities to receive and analyse data is becoming ‘quite advanced’, warns Stuart Lang, head of EY’s compliance co-sourcing solution
The Court of Appeal ruling clarifies that treaty benefits are not abusive where transactions are commercially driven, providing greater certainty on “main purpose” anti-avoidance tests
Despite the Netherlands featuring an unusual concentration of World Tax-ranked technology-led providers, sources believe there’s a long way to go to challenge the established players
Ethics seems to be playing a subservient role to an entitlement culture borne out of a pervasive ‘revenue at all costs’ mentality at the big four
Historical World Tax data suggests the ‘largest law firm merger in history’ may not pose a serious threat to the world's leading tax practices
The repeal of Libya’s statute of limitations and tougher enforcement leave taxpayers navigating a high-stakes choice between conciliation and litigation
All the tax partners elevated across the UK, US and Singapore were private client specialists, continuing a market trend of intense investment and competition
Rolf van de Velde, dubbed ‘an expert chosen by experts’, is tasked with scaling Reptune’s self-service compliance offering
Gift this article