Mexico: New miscellaneous rules allow the deduction of pro-rata expenses

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: New miscellaneous rules allow the deduction of pro-rata expenses

cuellar.jpg

David Cuellar

Historically the Mexican Income Tax Law (MITL) has disallowed the deduction of allocated expenses paid abroad when charged on a pro-rated basis. The deduction of pro-rated expenses, conditioned to comply with certain requirements, has only been allowed for Mexican branches or permanent establishments registered in Mexico. During the past summer the Mexican Supreme Court took a step forward in favour of the taxpayers. The outcome of the case in question concludes that for the pro-rata expense to be deductible, there should be a reasonable relation between the expense and the benefit obtained by the Mexican tax resident, the payer of the service.

Further to the court precedent, the Mexican tax authorities (SAT) recently published in the Official Gazette the Fifth set of Miscellaneous Tax Rules for the 2014 Fiscal Year (these rules are issued directly by the SAT without a legislative process, and they are aimed at clarifying the interpretation of the MITL and other Tax Acts or to provide benefits to taxpayers), and included a rule that clarifies that taxpayers may be entitled to claim the aforementioned expense's deduction provided that all the requirements set forth therein are met. Some of the most relevant requirements are as follows:

  • The expense must be strictly indispensable for the taxpayer's activity and must be effectively rendered;

  • Evidence must be gathered to prove the transaction is authentic;

  • The recipient of the payment must be a tax resident of a country with a comprehensive Tax Information Exchange Agreement (TIEA) in force with Mexico;

  • Proof must be provided that it was agreed as an arm's-length transaction at a fair market value, in compliance with Mexican transfer pricing rules;

  • Proof must be provided of the reasonableness of the relation between the expense incurred and the benefit obtained by the taxpayer;

  • The taxpayer must obtain and keep the relevant agreement that must include the rationale supporting the determination of the consideration, as well as the benefits that the services will provide and granting the right to obtain any relevant information regarding the services being charged.

With this rule, effective the day after publication, the Mexican authorities have adjusted their criteria regarding the deductibility of pro-rata expenses. For multinational companies to apply this rule and enable the deduction for the Mexican payer, they should take into consideration all the requirements mentioned in this rule as well as any other requirements established in the Mexican tax legislation set for expenses deductibility and payments abroad.

David Cuellar (david.cuellar@mx.pwc.com) and Juan Jose Chavez (juan.jose.chavez@mx.pwc.com)

PwC

Tel: +52 55 5263 5816

Fax: +52 55 5263 6010

Website: www.pwc.com

more across site & bottom lb ros

More from across our site

US partner Matthew Chen was named as potentially the first overseas PwC staffer implicated in the tax leaks scandal, in a dramatic week for the ‘big four’ firm
PwC alleged it has suffered identifiable loss and damage arising out of a former partner's unauthorised use of confidential information; in other news, Forvis Mazars unveiled its next UK CEO
Luxembourg saw the highest increase in tax-to-GDP ratio out of OECD countries in 2023, according to the organisation’s new Revenue Statistics report
Ryan’s VAT practice leader for Europe tells ITR about promoting kindness, playing the violincello and why tax being boring is a ‘ridiculous’ idea
Technology is on the way to relieve tax advisers tired by onerous pillar two preparations, says Russell Gammon of Tax Systems
A high number of granted APAs demonstrates the Italian tax authorities' commitment to resolving TP issues proactively, experts say
Malta risks ceding tax revenues to jurisdictions that adopt the global minimum tax sooner, the IMF said
The UK and what has been dubbed its ‘second empire’ have been found to be responsible for 26% of all countries’ tax losses by the Tax Justice Network
Ireland offers more than just its competitive corporate tax environment but a reduction in the US rate under a Trump administration could affect the country, experts tell ITR
The ‘big four’ firm was originally prohibited from tendering for government work until December 1 due to its tax leaks scandal, but ongoing investigations into the matter have seen the date extended
Gift this article