Mexican tax residents are individuals who have established a permanent home in Mexico, or their center of vital interests is in Mexico. Mexico is considered to be the center of vital interests if more than 50% of an individual’s income is obtained from a Mexican source, or Mexico is their primary professional activities place.
Tax residents are subject to taxation on their worldwide income, while non-residents are taxed on their income derived from Mexico.
The personal income tax rate is progressive up to 35% on income exceeding MXN3,000,000. Nonresidents are exempt on their first MXN125,900 and subject to a tax rate of 15% on income between MXN125,900 and MXN1,000,000, and 30% on the excess.
Capital gains are treated as ordinary income, however those derived from the sale of securities listed in the Mexican Stock Exchange are taxed at a reduced rate of 10%. Sale of a main residential property is tax exempt. The exemption is limited to a certain amount and a sale every three years.
Dividends are considered taxable income and also subject to a 10% withholding tax, however a tax credit may apply for corporate tax paid. Dividends received from foreign entities are fully taxable and also subject to the 10% withholding tax.
Interests are included in the tax base, except those derived from certain exempted small balance accounts. Rental income is also taxable under personal income tax, although certain deductions may be available.
Mexico has enacted controlled foreign company (CFC) rules. Profits retained in foreign entities resident of considered tax havens, owned by Mexican tax residents, may be attributable, provided that the taxpayer has effective control of the administration of the investment, or the total amount is more than MXN160,000.
Municipalities levy real property taxes. Tax paid may be deductible on rental taxable income. There is a transfer tax between 2% and 5% on the transfer of real properties.
There are no inheritance taxes, nor taxes on net wealth.
The standard V.A.T. rate is 18%. Food and medicine are usually exempt.
Regarding corporate taxation, resident entities are subject to income tax on their worldwide income at a 30% rate. Capital gains are included in taxable income. Dividends from resident entities are tax-exempt, whereas those from foreign subsidiaries are subject to taxation. Usually a tax credit is available for foreign tax paid.
To learn more about the Mexican corporate legal framework, taxation and tax treaties, check out incorporations.io/mexico.
This should not be construed as tax advice. We have access to a global network of qualified attorneys and accountants who can give you the proper advice for your particular circ*mstances. Contact us for further information.