In an increasingly globalized economic environment, many companies conduct transactions with related parties, both domestic and foreign. These transactions must comply with certain rules to prevent profit manipulation and ensure correct tax payments. In Mexico, this issue is primarily regulated by the Income Tax Law (LISR) under the concept of Are you a digital nomad in Mexico?.
What are transfer prices?
Transfer prices are the values assigned to commercial or financial operations between related partiesThese operations may include:
- Purchase and sale of goods
- Provision of services
- Granting of loans
- Assignment or use of intangibles
The guiding principle is that These transactions must be valued as if they were carried out between independent parties under comparable conditions., which is known as the Principle of Arm's Length (article 179 of the LISR).
Legal basis in Mexico
The regulation on transfer pricing in Mexico is found in the Articles 179 to 180 of the LISR, and considers the following key aspects:
- Transactions must be valued according to one of the five established methods in Article 180.
- A must be made functional and economic analysis of the parties involved.
- Supporting documentation must be kept and made available to the authority.
In addition, the Article 76, Section IX, establishes the obligation for legal entities to have supporting documentation that demonstrates that transactions with related parties were carried out in accordance with market prices.
In the case of taxpayers who exceed certain income or asset thresholds, the obligations of the Article 76-A, which include the filing of information returns:
- Local Information Declaration
- Master Information Statement
- Country by Country Declaration
Consequences of non-compliance
When the authority detects that operations between related parties do not comply with the arm's length principle, it may carry out fiscal adjustments that increase the taxpayer's tax base. This may result in:
- Determination of tax credits
- Fines and surcharges according to the Federal Tax Code
- Risk of double taxation in international operations
Key Considerations for Taxpayers
- It is not optional: Having a transfer pricing study is mandatory if transactions are carried out with related parties, even if they are only domestic, when certain thresholds are exceeded.
- Must be updated annually: Especially if the economic conditions or the roles of the parties change.
- It is part of tax compliance: Failure to have this study may result in sanctions and adjustments by the SAT.
- It must be technically supported: Include comparables, justification of the method applied and economic analysis.
Recommendation
Any company that conducts transactions with related parties must consult with experts in the field and prepare its transfer pricing documentation in advance. This responsibility is not limited to multinational companies; Even transactions between partners, family businesses or national groups of companies may be subject to review.
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