January 16, 2020
News and Insights
Tax Regimen.
TAX REGIMEN FOR THE SALE OF GOOD AND RENDERING OF SERVICES THROUGH THE INTERNET AND IT PLATFORMS
On December 9th, 2019, a Decree was published in the Federal Official Gazette (Diario Oficial de la Federación) through which several provisions of the Income Tax Law (Ley del Impuesto sobre la Renta) (“ITL”), the Value Added Tax Law (Ley del Valor Agregado) (“VAT Law”), the Special Taxes on Production and Services Law (Ley sobre Impuesto Especial sobre Producción y Servicios) (“IEPS”), and the Federal Fiscal Code were amended, added and repealed. Such decree amended the above-mentioned laws to include: (i) the regulation of Transparent Foreign Entities (Entidades Extranjeras Transparentes); (ii) the tax regimen applicable to the sale of goods and rendering of services through internet, by means of technological platforms, IT applications and similar means; and (iii) legal provisions regarding foreign entities controlled or subject to Preferential Tax Regimes (Regímenes Fiscales Preferentes).
Sale of goods and rendering of services through IT platforms.
Income Tax Law
Section III is added to Chapter II, Title IV of the ITL on which new obligations are included for the persons who sell goods or provide services through IT platforms and to entities that own the IT platforms used for such purpose.
Among other obligations, it was included the provisional payment of income tax that shall be withheld by the entities that own the IT platforms or internet applications pursuant to the following:
-Sale of goods and rendering of services in general.
| Monthly Income | Tax rate |
| Up to $1,500 MXN | .4% |
| Up to $5,000 MXN | .5% |
| Up to a $10,000 MXN | .9% |
| Up to $25,000 MXN | 1.1% |
| Up to $100,000 MXN | 2.0% |
| More than $100,000 MXN | 5.4% |
–Passenger ground transport and delivery of goods.
| Monthly Income | Tax rate |
| Up to $5,500 MXN | 2% |
| Up to $15,000 MXN | 3% |
| Up to a $21,000 MXN | 4% |
| More than $21,000 MXN | 5% |
–Rendering of accommodation services.
| Monthly Income | Tax rate |
| Up to $5,500 MXN | 2% |
| Up to $15,000 MXN | 3% |
| Up to a $35,000 MXN | 5% |
| More than $35,000 MXN | 10% |
Furthermore, the entities that own the IT platforms and internet applications shall:
- If they are residents abroad without a permanent establishment in Mexico, they shall be registered in the Federal Tax Registry (Registro Federal de Contribuyentes) as withholders.
- Issue tax receipts of the withholdings made within five days following the day on which the withholding was made.
- In case the user of the platform does not provide his or her tax ID (RFC) they must withhold pursuant to a 20% rate.
VAT Law
Chapter III Bis is added in relation to “Provision of digital services by residents abroad without permanent establishment in Mexico” setting forth that the following services will be taxed by Value Added Tax:
- Downloading or access to images, movies, text, information, video, audio, music, games (including gambling), multiplayer games, mobile tones, news display, traffic information, weather forecast and statistics.
- Intermediation between third parties that are suppliers of goods or services.
- Online clubs and dating sites.
- Distance learning or testing or practices.
Downloading books and newspapers will not be taxed by Value Added Tax.
Please contact us for more information.
Cannizzo, Ortiz y Asociados, S.C.