When do treaties to avoid double taxation apply?

July 5, 2022

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Hector Galicia

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Mexico has signed treaties with other countries to avoid double taxation and increase the exchange of information between different countries.

If you have operations in Mexico as a foreigner or you are a Mexican who has operations with residents abroad, we invite you to evaluate what type of tax obligations you may be subject to.

The Income Tax Law in Mexico (Income Tax) establishes that foreign residents who have or do not have a permanent establishment in the country will be ISR taxpayers in Mexico.

Therefore, when a foreigner obtains income from sources of wealth in Mexico, he must pay ISR in accordance with the provisions of Title V of the LISR.

Here are some examples of this income:

  • Income from salaries and in general from the provision of a subordinate service
  • Retirement income, pensions, retirement assets
  • income from fees and in general the provision of independent services
  • Remuneration to members of the board of directors, supervisory, advisory or of any other nature
  • income from granting the temporary use or enjoyment of goods
  • income from timeshare tourist service contracts
  • income from disposal of real estate
  • income from the sale of shares or securities
  • income from financial operations derived from capital
  • income from dividends or distributed profits

Therefore, when a resident abroad obtains income from the provision of an independent professional service from a resident in Mexico, the latter must withhold ISR from the resident abroad and report it to the Tax Administration Service (SAT).

The resident abroad will have to verify if there is a valid treaty to avoid double taxation between Mexico and his country of residence, in case said treaty exists, he will be able to credit the tax withheld in Mexico and thus avoid paying ISR in two countries. different.

If you obtained income in Mexico as a resident abroad or paid services to a resident abroad, we invite you to evaluate the obligation to pay ISR in Mexico.

We invite you to contact us at hgalicia@taxid.mx or +1 52 3310235948

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Written by Hector Galicia

Public Accountant with more than 15 years of experience advising national and foreign clients. He currently serves as a founding partner of the Public Accounting firm Tax ID Mexico. info@taxid.mx

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