Mexico: Tax authorities' new guidance on permanent establishment

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: Tax authorities' new guidance on permanent establishment

cuellar-david.jpg

montemayor-blas.jpg

David Cuellar and Blas Montemayor, PwC

Early in April and July 2013, the Mexican tax authorities published new internal criteria regarding some aspects of the Mexican federal tax legislation, including international tax matters. These criteria are intended to help clarify the interpretation of the Mexican tax provisions, which are rather complex and also to make clear the position of the Mexican tax authorities with respect to specific tax issues.

In this regard, one of the above mentioned criterions dealing with international matters provides the tax authorities' view on how to read the permanent establishment (PE) definition under domestic law.

Under the Mexican income tax law (MITL) the general definition of the term PE is any place of business in which business activities are partially or totally carried out or independent personal services are rendered. For these purposes, the MITL provides a non-exhaustive list of examples of places that may be considered a PE, including branches, agencies, offices, factories, workshops, installations, mines, quarries or any place of exploration, mining or exploitation of nature resources.

According to the tax authorities' new internal criteria, the list of non-exhaustive PE examples should not be read in an isolated basis but rather such examples should be read in light of the definition of a PE (a place in which business activities are carried out or services are rendered).

For instance, a foreign resident that has an office in Mexico would be able to conclude if such office triggers a PE in this country only after analysing whether or not in such office business activities are conducted or services are rendered. As noted, although the presence of a foreign resident may frequently raise a red flag for tax purposes; the mere fact of having an office in Mexico cannot be conclusive as to whether or not a PE is triggered. To arrive at a conclusion on potential PE risk in Mexico, the specific facts and circumstances should be analysed in light of the Mexican tax provisions and the tax treaties signed by Mexico and the relevant OECD commentaries, when applicable.

Although the Mexican tax authorities' criteria is not mandatory and it does not have the weight of the Mexican tax law (since such criteria is not approved by the Mexican Congress), it provides a realistic guidance for taxpayers when determining the existence of a Mexican PE, which is a very complex topic that should be carefully analysed by foreign multinationals that have or are planning to have presence in Mexico.

David Cuellar (david.cuellar@mx.pwc.com) and Blas Montemayor (blas.montemayor@us.pwc.com)

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

It was also a memorable night for Galicia, KPMG, Skadden and Pinheiro Neto, all of which scooped major awards at a gala ceremony in New York
The former Deloitte UK CEO earned a 45% raise in a year when 1,000 staff reportedly lost their jobs – and the pay gap is only getting bigger
In a seminal development for big law, the 95-year-old firm is set to cease operations after a series of high-profile partner departures
UK Chancellor John Healey extended a VAT cut, suspended tariffs, increased a bank surcharge and vowed to increase funding for HMRC
Kristine Riisberg warned that TP decisions can determine top-up tax exposure under pillar two, while global consensus over the rules remains unsettled
Both Germany’s NIS2 and the EU AI Act now determine whether a tax function can meet its obligations – and both can make management personally accountable
Originators, loan purchasers and securitisation vehicles may need to revisit servicing agreements and pricing after a key judgment narrowed the VAT credit management exemption
Opening doors for existing talent within Baker McKenzie and a desire for enhanced legal capabilities informed Ricardo Perera’s switch from KPMG
Boaz Goren’s move to the upstart PE-backed firm takes the number of senior UK tax professionals who have left EY this year to 13
The allegations against Deloitte Cyprus raise uncomfortable questions about how far the big four can distance themselves from misconduct at member firms
Gift this article