E-invoicing: Mexico’s pioneering path creates complex terrain for taxpayers
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E-invoicing: Mexico’s pioneering path creates complex terrain for taxpayers

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Santiago Llano Zapatero and Diego Guerrero Segura of Ritch Mueller note Mexico’s ‘remarkable’ digital transformation in invoicing, but issues in cross-border M&A transactions and a Supreme Court of Justice ruling suggest a tricky landscape

In an era of digital transformation, e-invoicing has emerged as a pivotal component of tax compliance. The adoption of e-invoicing and e-reporting by tax authorities is gaining momentum worldwide. This shift is driven by the need for increased transparency, reduced tax evasion, and streamlined tax processes. This article delves into the global trends in e-invoicing, highlights Mexico's pioneering role, discusses its relevance in M&A transactions, and explores a groundbreaking Mexican legal precedent that challenges traditional constraints on e-invoicing.

Background

E-invoicing is the digitalisation of the invoice creation, delivery, and management process. It allows businesses and tax authorities to seamlessly exchange information electronically, eliminating paper-based invoices. The adoption of e-invoicing is driven by several factors, the most relevant of which are the following:

  • Tax evasion reduction – e-invoices leave a clear digital trail that tax authorities can easily track, making it harder for businesses to manipulate their financial records;

  • Efficiency and cost reduction – e-invoicing streamlines the invoicing process, reducing administrative costs and errors associated with manual data entry;

  • Transparency – real-time data is accessible to tax authorities, improving transparency and enabling quicker identification of irregularities or discrepancies; and

  • Environmental considerations – e-invoicing is environmentally friendly as it reduces paper usage and waste, contributing to sustainability goals.

E-invoicing in Mexico

The experience of Mexico with e-invoicing (CFDI, based on its initialism in Spanish) has been remarkable. The CFDI system led to improved tax collection, reduced tax evasion, and streamlined business operations. The Mexican tax authorities played a pivotal role in implementing and regulating e-invoicing in the country. Over time, the CFDI system has evolved, incorporating more information and functionality, ensuring a comprehensive and detailed view of economic transactions.

However, while e-invoicing has undoubtedly brought several advantages to the tax landscape in Mexico, it is not without its challenges for taxpayers.

One significant issue that taxpayers may face is the complexity and ever-evolving nature of the regulatory framework surrounding e-invoicing. The Mexican tax authorities have established numerous rules, guidelines, and requirements to ensure compliance with e-invoicing standards. Keeping up with these regulatory changes can be a daunting task for businesses, requiring continuous monitoring and adjustment of their invoicing processes to remain in compliance.

In addition, e-invoicing in Mexico has led to increased scrutiny by tax authorities. Real-time access to transaction data allows for more frequent audits and tax inspections.

E-invoicing in M&A transactions

The significance of e-invoicing in Mexican M&A transactions is undeniable, yet it brings to the forefront numerous complexities that often fuel discussions. Having an e-invoice is mandatory for both parties involved in an M&A deal; for the seller, it serves as the substantiation used to justify the sale price, while for the buyer, it becomes the supporting document for the tax cost basis of the acquired assets.

A prominent challenge in the context of e-invoicing for M&A transactions is the potential for foreign entities to assert that they are not obligated to adhere to the requirements outlined in Mexican e-invoicing regulations. This issue can give rise to complications in cross-border transactions, requiring a sophisticated approach to ensure compliance and smooth transactions.

Adding another layer of complexity, the existence of lists that pinpoint providers of fraudulent invoices (colloquially known as the ‘69-B list’) underscores the need for businesses to exercise vigilant caution. Inadvertently engaging with entities on this list can result in severe legal repercussions, making it imperative for businesses to maintain a robust due diligence process to safeguard against such risks.

Furthermore, the inflexible rules governing the cancellation of CFDIs present an additional challenge. With their limited flexibility, these rules can create uncertainty for taxpayers, impacting the overall efficiency of M&A transactions.

Recent precedent on CFDI cancellation rules

Regarding the rules that regulate the cancellations of CFDIs, a pivotal reform was introduced to the Federal Tax Code in Mexico in 2021. This reform stipulated that unless tax provisions establish a shorter term, CFDIs could only be cancelled in the fiscal year of issuance, provided that the recipient accepts the cancellation.

However, the Mexican Supreme Court of Justice has recently issued a decision declaring the temporary limitation as unconstitutional. The court argued that this limitation fails to align with the practical dynamics of commercial operations, as the significance of CFDIs only becomes evident when the transactions they represent generate their fiscal effects upon filing the corresponding returns and settling the associated tax liabilities. This often occurs beyond the fiscal year in which they were initially issued.

The Supreme Court also pointed out that the rigidity of this temporal restriction overlooks the complexity of real-world business operations, where not only the issuance of CFDIs but also unforeseen events such as premature termination, contract breaches, or service cancellations can disrupt the intended timelines.

Additionally, the Supreme Court criticised the provision's lack of congruence with the legal framework for the temporal compliance of tax obligations. The fact that tax regulations could potentially establish even shorter cancellation periods further contributes to the uncertainty faced by taxpayers.

This legal precedent from the Mexican Supreme Court of Justice highlights the need for a more adaptable and practical approach in the world of tax compliance and e-invoicing in Mexico.

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