Mexico’s Congress has approved a bill to impose 16% VAT on digital services supplied by foreign businesses from June 1, 2020.
A key point about this bill is that it simplifies existing rules in Mexico. The scope of Mexico’s plan includes online sales to customers based in Mexico. It is possible that both B2C and B2B supplies will be in scope. Business customers are currently self-accounting for the VAT on their purchases.
A customer of the affected digital services should be deemed to be based in Mexico if any one of the following is picked up in the checkout process:
- The customer’s home address is in Mexico
- The payment is made using a Mexico-based intermediary
- The IP address used to access the digital service is located in Mexico
It will be interesting to see how this is going to be implemented in practice to avoid double taxation.
Mexico VAT registration obligations
As a result of this upcoming law change, non-resident businesses (foreign suppliers of digital services) would be obliged to register for VAT in Mexico and remit the tax.
Registration is with the Federal Taxpayers Registry (or Registro Federal de Contribuyentes, known as the RFC). Provisions in the bill also cover the supply of services through digital platforms.
Additional highlights of new rules in Mexico include:
- 16% VAT to be applied to the sale of affected digital services
- VAT returns will be monthly and there should be a need for a local tax representative
- Simplified invoicing rules may be introduced. The current bill does not state that domestic Mexican invoices (quite complex) will be used, opening the possibility of new invoicing requirements for non-resident digital businesses
- Each month affected non-resident businesses will also have to provide information on the number of services supplied and the number of ttransactions performed to Mexico’s Servicio de Administración Tributaria (SAT)
There was a promise during the 2018 general election to not introduce new taxes during a certain period. However, this move is not a new tax to level the playing field with local company. In Mexico, the VAT was already due at the place of consumption but the burden of the collection was on the customer. This was non-efficient and the plan is to switch the collection and remittance burden to the non-resident digital service suppliers.
Here at Taxamo, we will keep you up-to-date on developments in Mexico.