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

The firm’s eye-catching UK launch is a major statement of intent, but it will face stern opposition in its quest to be the top global tax player
The postponement came after industry representatives flagged implementation issues with the registration regime; in other news, firms made key tax partner additions
Despite the increased yield, the time taken to resolve enquiries was at a six-year high, new HMRC statistics have revealed
The High Court’s dismissal of barrister Setu Kamal’s legal challenge represents the first successful strike-out under a new law on SLAPPs
IP lawyers, who say they are encouraging clients to build up ‘tariff resilience’, should treat the risks posed by recent orders as a core consideration in cross-border licensing
As Coca-Cola awaits a crucial 11th Circuit Court of Appeals decision this year, its multibillion-dollar tax dispute could have profound implications for investors, cash flow, and corporate transparency
However, women in tax face greater career obstacles than their male counterparts, an exclusive ITR survey of more than 100 women tax leaders revealed
Under Jeff Soar’s leadership, WTS UK aims to scale to 100 partners within five years and challenge the big four
As the firm embarks on a major shakeup of its EMEA partnerships, some staff will be watching nervously
The buyout of Hucke and Associates continues Ryan’s streak of firm acquisitions; in other news, a UK appeal against VAT on private school fees was dismissed
Gift this article