Mexico: Mexican tax reform: Upcoming changes impacting multinational companies

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

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  • The tax consolidation regime would be repealed by 2014 and the deferred income tax generated in previous years would be triggered according to a detailed procedure incorporated in the new tax law (five-year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 & bottom lb ros

More from across our site

In-house teams who want a balance of internal control and external expertise for pillar two should seriously consider co-sourcing models, Russell Gammon of Tax Systems argues
The OECD has vowed to continue working with the US despite the president effectively pulling the country out of the organisation’s global minimum tax deal
Norton Rose Fulbright highlights a Brazilian investment fund as a practical example of how new Dutch tax rules will require significant attention from foreign companies
Thomson Reuters now has ‘end-to-end capability’ for its tax workflow business, according to its president for tax accounting and audit professionals
Patrick O’Gara, who is rated as a ‘highly regarded practitioner’ by World Tax, had spent over 20 years at Baker McKenzie
If approved, it would become the first ‘big four’ firm to practise law in the US; in other news, Morrison Foerster hired a new global tax co-chair
The ‘birth date’ of the service, which will collect tariffs, duties and other foreign revenue, will be January 20
Awards
Submit your nominations to this year's WIBL Americas Awards by February 28
Awards
Research for the annual Women in Business Law Awards has begun – submit your entries by February 28
In-house counsel across a number of regions are unimpressed with their tax advisers’ CSR efforts, according to ITR+ research
Gift this article