Raul Tagle
Fernando Tiburcio
+52 (55) 1101-6481
Email: raul.tagle@mx.ey.com
+52 (55) 1101-6430
Email: fernando.tiburcio@mx.ey.com
International Tax and Transaction Services – International Corporate Tax Advisory
Estela Miranda
Jóse Olmedo
Jóse Pizarro
Alejandro Polanco
+52 (55) 1101-8404
Email: estela.miranda@mx.ey.com
+52 (81) 8152-1831
Email: jose.olmedo@mx.ey.com
+52 (55) 5283-1458
Email: jose.pizarro@mx.ey.com
+52 (55) 5283-1300, Ext. 3440 (resident in Querétaro, Querétaro)
Abril Rodriguez
Jorge Bibiano Ruiz
Email: alejandro.polanco@mx.ey.com
+52 (55) 1101-7208
Email: abril.rodriguez@mx.ey.com
+52 (81) 8152-1825 (resident in Monterrey, Nuevo Leon)
Miguel Severiano
Catherine Thibault
Koen van ‘t Hek
Email: bibiano.ruiz@mx.ey.com
+52 (55) 5283-1473
Email: miguel.severiano@mx.ey.com
+52 (55) 5283-1329
Email: catherine.thibault@mx.ey.com
+52 (55) 1101-6439
Mobile: +52 1-55-5404-2960
Email: koen.van-t-hek@mx.ey.com
International Tax and Transaction Services – Operating Model Effectiveness (OME)
Estela Miranda
Koen van ‘t Hek
+ 52 (55) 1101-8404
Email: estela.miranda@mx.ey.com
+52 (55) 1101-6439
Mobile: +52 1-55-5404-2960
Email: koen.van-t-hek@mx.ey.com
International Tax and Transaction Services – Tax Desks Abroad
Enrique Gonzalez Cruz
+1 (713) 750-8107 (resident in Houston)
Email: enrique.cruz@ey.com
Raúl Moreno
+81 (3) 3506-2016 (resident in Tokyo)
Email: raul.moreno@jp.ey.com
Lourdes Libreros
+44 7771-340-071 (resident in London)
Enrique Perez Grovas
Email: lourdes.libreros@uk.ey.com
+1 (212) 773-1594 (resident in New York)
Alejandra Sánchez
Email: enrique.perezgrovas@ey.com
+1 (312) 879-3597 (resident in Dallas)
Email: alejandra.sanchez@ey.com
International Tax and Transaction Services – International Capital Markets and Financial Services Organization
Oscar Ortiz
+52 (55) 5283-1468
Email: oscar.ortiz@mx.ey.com
International Tax and Transaction Services – Transfer Pricing
Mónica Cerda
Ricardo Gonzalez
+52 (55) 5283-1405
Mobile: +52 1-55-2301-4065
Email: monica.cerda@mx.ey.com
+52 (81) 8152-1821 (resident in Monterrey, Nuevo Léon)
Enrique Gonzalez Cruz
Email: ricardo.gonzalezmtz@mx.ey.com
+1 (713) 750-8107 (resident in Houston)
Alma Gutierrez
Email: enrique.cruz@ey.com
+52 (55) 1101-6445
Email: alma.gutierrez@mx.ey.com
Gabriel Lambarri
Marco Molina
+52 (55) 1101-8437
Email: gabriel.lambarri@mx.ey.com
+52 (81) 8152-1830 (resident in Monterrey, Nuevo Léon)
Email: marco.molina@mx.ey.com
Andrés Olvera
+52 (33) 3884-6106 (resident in Guadalajara, Jalisco)
Email: andres.olvera@mx.ey.com
Sakkara Simon
+52 (33) 3884-6135 (resident in Guadalajara, Jalisco)
Business Tax Advisory
Rodrigo Ochoa
Mining and Metals
Koen van ‘t Hek
Oil and Gas Tax
Rodrigo Ochoa
People Advisory Services
Carlos Sandoval
Email: sakkara.simon@mx.ey.com
+52 (55) 5283-1493
Mobile: +52 1-55-3722-8265
Email: rodrigo.ochoa@mx.ey.com
+52 (55) 1101-6439
Mobile: +52 1-55-5404-2960
Email: koen.van-t-hek@mx.ey.com
+52 (55) 5283-1493
Mobile: +52 1-55-3722-8265
Email: rodrigo.ochoa@mx.ey.com
+57 (1) 484-7397 (resident in Bogotá, Colombia)
Carlos de la Fuente
Email: carlos.sandoval@co.ey.com
+52 (55) 1101-6473
Email: carlos.de-la-fuente@mx.ey.com
Indirect Tax and Customs and International Trade
Rocío Mejía
+52 (55) 5283-8672
Mobile: +52 1-55-2699-8159
Email: rocio.mejia@mx.ey.com
International Tax and Transaction Services – Transaction Tax Advisory
Ana Alvarez
Rodrigo Castellanos
Enrique Rios
+52 (81) 8152-1859
Email: ana.alvarez@mx.ey.com
+52 (55) 5283-1463
Mobile: +52 1-55-2955-2538
Email: rodrigo.castellanos@mx.ey.com
+52 (81) 8152-1850 (resident in Monterrey, Nuevo Léon)
Legal Services
Carina Barrera
Tatiana Treviño
Mobile: +52 1-81-1516-5169
Email: enrique.rios@mx.ey.com
+52 (55) 1101-7295
Email: carina.barrera@mx.ey.com
+52 (55) 1101-7295
Email: tatiana.trevino@mx.ey.com
Chihuahua, Chihuahua GMT -7
EY
Centro Ejecutivo Punto Alto II
+52 (614) 425-3570
Fax: +52 (614) 425-3580 Piso 3
Av. Valle Escondido 5500
Fracc. Desarrollo el Saucito 31125 Chihuahua, Chihuahua
Mexico
Business Tax Advisory
Gilberto Ceballos
+52 (614) 425-3567
Mobile: +52 1-61-4184-4875
Email: gilberto.ceballos@mx.ey.com
(a) A 10% payment is imposed for employee profit sharing (see Section D).
(b) The capital tax rate for foreign residents may be 25% or 35% (see Section B).
(c) This tax applies to dividends paid out of profits generated after 2013 (see Section B).
(d) This is a final tax applicable to nonresidents. Payments to tax havens are generally subject to a 40% withholding tax.
(e) This rate can be reduced to 4.9% if certain requirements are met.
(f) A reduced rate of 4.9% is granted each year to banks resident in treaty countries.
B. Taxes on corporate income and gains
Corporate income tax. Corporations resident in Mexico are taxable on their worldwide income from all sources, including profits from business and property. A nonresident corporation in Mexico is subject to profits tax on income earned from carrying on business through a permanent establishment in Mexico and on Mexican-source income. Corporations are considered residents of Mexico if their principal place of management is located in Mexico.
Corporations are taxed on profits in Mexico by the federal government only. Resident corporations are not subject to tax on dividends received from other Mexican residents. Dividends paid to individuals and nonresidents are subject to a 10% withholding tax.
The income tax law recognizes the effects of inflation on the following items and transactions:
• Depreciation of fixed assets
• Cost on sales of fixed assets
• Sales of capital stock (shares)
• Monetary assets and liabilities
• Tax loss carryforwards
The tax basis of investments in capital stock may be adjusted for inflation at the time of capital stock reductions or liquidation. Taxes are also indexed for inflation in certain circumstances.
Tax rate. Corporations are subject to federal corporate income tax at a rate of 30%.
Capital gains. Mexican tax law treats capital gains obtained by Mexican corporate residents as normal income and taxes them at the regular 30% tax rate. However, losses on sales of shares are restricted and may only be used to offset gains from the sale of shares. Nonresidents are subject to a 25% tax rate on gross income or, if certain requirements are met, a 35% rate on net income from the sale of shares. Capital gains derived from sales of publicly traded shares by individuals or non-Mexican residents are taxed at a rate of 10%. To determine the deductible basis for sales of real
estate, fixed assets and shares, the law allows for indexation of the original cost for inflation.
Administration. The tax period ends on 31 December, except in cases of mergers or liquidations. The tax return must be filed by the end of the third month following the tax year-end. Monthly tax installments must be paid during the corporation’s tax year.
Dividends. Resident individuals and nonresident shareholders of a Mexican corporation are subject to a 10% income tax on dividends received that are paid out of profits generated after 2013. Dividends are not subject to corporate income tax at the distributing company level if the distribution is from previously taxed earnings and if the distributing corporation has sufficient accumulation in its “net after-tax profit” (CUFIN) account to cover the dividend. If the dividend is in excess of the CUFIN account, the dividend is also taxed at the distributing company level at a rate of 30% on a grossed-up basis. The following is an illustration of how to compute the annual net after-tax profit for the CUFIN account.
If the CUFIN balance is not sufficient to cover an earnings distribution, the remaining amount triggers corporate income tax on the dividend grossed up by a factor of 1.4286. The corporate income tax rate is then applied to the grossed-up dividend. The following is an illustration of the calculation.
Income tax paid on distributed profits in excess of the CUFIN balance may be credited against corporate income tax in the year in which the dividend is paid and in the following two years.
Similar rules apply to remittances abroad by branches of foreign corporations.
Foreign tax relief. A tax credit is allowed for foreign income tax paid or deemed paid by Mexican corporations, but the credit is generally limited to the amount of Mexican tax incurred on the foreign-source portion of the company’s worldwide taxable income. This calculation must generally be made on a country-bycountry basis.
Anti-abuse rules. Mexico has enacted a general anti-abuse rule that allows the tax authorities in certain instances to recharacterize transactions that lack business purpose. In addition, a business purpose is required for most reorganization transactions to be considered tax free.
Multilateral Instrument. The Multilateral Instrument (MLI) entered into force in Mexico as of 2024.
F. Treaty withholding tax rates
5/10 (d)
(a)
(d)
(b)(h)
(q) 10
(d) 5/10 (p) 10
5/15 (a)
(a)
(x)
(q)
(i)
(i)
(a) The lower rate applies if the recipient is a corporation owning at least 25% (20% under the Brazil treaty) of the shares of the payer. Under the Panama treaty, the lower rate applies if the recipient owns at least 25% of the shares of the payer.
(b) These treaties have a most favorable nation (MFN) clause with respect to interest and/or royalties. Under the MFN clause in the Chile treaty, the withholding tax rate for interest may be reduced to 5% for banks or 10% for other recipients and the withholding tax rate for royalties may be reduced to 10%, if Chile enters into a tax treaty with another country that provides for a lower withholding tax rate than 15% for such payments. Under the MFN clause in the France treaty, the withholding tax rate for interest and royalties is reduced if Mexico enters into a tax treaty with an OECD member that provides for withholding tax rates that are lower than the rates under the Mexico-France treaty. However, the rate may not be lower than 10% if the OECD member country is not a member of the European Union (EU). Under the Italy treaty, the MFN clause applies only to interest. It may reduce the withholding tax rate for interest to as low as 10% only if Mexico enters into a treaty with an EU country that provides for a withholding tax rate for interest of less than 15%. Under the MFN clause in the Spain treaty, the withholding tax rates for interest and royalties may be reduced if Mexico enters into a tax treaty with an EU country that provides for withholding tax rates that are lower than the rates under the Mexico-Spain treaty. Under the Brazil treaty, if this country agrees with another country regarding a lower rate for dividends, interest or royalties, such rate will apply. For interest and royalties, the applicable rate may not be lower than 4.9% and 10%, respectively. Under the New Zealand treaty, if this country agrees with another country regarding a lower rate for dividends, such rate will apply. Under the MFN clause in the Colombia treaty, the withholding tax rate for royalties related to technical services and assistance will be automatically reduced if Colombia enters into a tax treaty with a third country that provides a lower rate. The standard rate for interest and for patent and know-how royalties under all of the above treaties is generally 15%. However, as a result of the operation of the MFN clause, the lower rates listed in the table may apply in certain circumstances.
(c) The 0% rate applies if the recipient of the dividends is the effective beneficiary of the dividends. The 5% rate applies if the recipient is a company that is resident in France and if more than 50% of such recipient is owned by residents of countries other than France or Mexico.
(d) The 5% rate applies if the recipient is a corporation owning at least 10% of the shares of the payer. Under the US treaty, the 0% rate applies if the recipient owns 80% of the voting shares and if other requirements are met. Under the Switzerland treaty, the 0% rate applies if the recipient is a corporation owning at least 10% of the shares of the payer or if the beneficiary of the dividend is