Mexico: Mexican tax reform: Upcoming changes impacting multinational companies

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: Mexican tax reform: Upcoming changes impacting multinational companies

cuellar.jpg

sosa.jpg

David Cuellar


Araceli Sosa

On September 8 2013, the executive branch of the Mexican government submitted the 2014 Tax Reform Package to the Mexican Congress, which aims to increase the country's tax revenue. The main proposals would eliminate flat tax and the group taxation regime (tax consolidation), restrict deductions in general, repeal the tax benefits applicable to real estate investment entities (SIBRAS), as well as eliminate other benefits such as accelerated depreciation of assets and certain preoperating expenses, and limit tax-exempt salaries deductions, among others.

In this regard, some of the main upcoming changes (if this package is approved) impacting multinationals are as follows:

  • The tax consolidation regime would be repealed by 2014 and the deferred income tax generated in previous years would be triggered according to a detailed procedure incorporated in the new tax law (five-year schedule for payment).

  • A brand new consolidation regime would be introduced, which offers a three-year income tax deferral period.

  • A new 10% corporate tax rate (CTR) to dividends paid by Mexican entities to foreign residents. Thus, dividends would be subject to the 30% CTR already applied, plus a 10% rate. At the time, there is no certainty about whether this additional tax would be creditable in foreign countries.

  • Payments abroad made to related parties would be non-deductible if such payments are subject to a preferred tax regime, which means that the recipient's income is taxed at an effective tax rate that is less than 75% of the Mexican CTR, or those payments are part of a double dipping structure in place. According to the current language of this provision, it seems to be applicable to all sorts of payments (deductions).

  • At the moment, to claim the benefits of a tax treaty, entities have to prove the tax residence of the foreign residents. The new Bill includes that it would also be necessary to demonstrate under oath that revenues are subject to double taxation.

  • Additional restrictions are proposed to exemptions granted to foreign pension funds investing in Mexico.

  • Several limitations to the maquila regime: the permanent establishment (PE) protection would only apply to operations with qualified entities exporting 90% of its total revenues, the protection of PE for maquila shelter would only apply for a three year period; and

  • Temporary imports under IMMEX (maquiladora programme) would be taxed at 16% VAT rate.

According to the Mexican legislative process, the proposed provisions will be discussed by the Mexican Congress, and the reform is expected to be approved by October 31 2013; however, the reform must be published in the Official Gazette before the end of this year to come into effect on January 1 2014.

David Cuellar (david.cuellar@mx.pwc.com) and Araceli Sosa (araceli.sosa@mx.pwc.com), Mexico City

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

The new practice, which features former ‘big four’ experience, already has over 20 team members
Speakers from companies including Uber and Stripe told the inaugural AI in Tax Forum to brace for impending changes to how advisers work
Authors from Khaitan & Co dissect a ‘welcome’ ruling, which found that the mere existence of a tax benefit would not, by itself, warrant a principal purpose test
Over two-thirds of survey respondents back the continuation of the UK’s digital services tax, research commissioned by the Fair Tax Foundation also found
Given the US/G7 pillar two deal, the OECD is in danger of being replaced by the UN as the leading global tax reform forum
Cinven’s latest investment follows its acquisition of a stake in Grant Thornton UK in December; in other news, a barrister listed by HMRC as a tax avoidance promoter has alleged harassment
CIT base narrowing measures remain more prevalent than increased CIT rates, the report also highlighted
ITR's parent company, LBG, will acquire The Lawyer, a leading news, intelligence and data-driven insight provider for the legal industry, from Centaur Media
KPMG UK’s Graeme Webster and KPMG Meijburg & Co’s Eduard Sporken outline the 20-year evolution of MAPAs, with DEMPE analyses becoming more prevalent and MAPA requirements growing stricter
Rishi Joshi, of the Institute of Chartered Accountants of India, warns of potential judicial overreach as assets are recharacterised to bypass a legislative exclusion
Gift this article