Mexico imposed a 16% VAT on digital services supplied by foreign businesses on June 1, 2020.
As of February 28, 2021, 86 non-resident digital businesses were registered with Mexico's tax authority, Servicio de Administración Tributaria (SAT). The SAT is obliged by law to publish this list six times each year, thus publicly naming the foreign businesses that register in Mexico.
A key point about this law is that it simplifies existing rules in Mexico. The scope of Mexico’s plan includes online sales to customers based in Mexico. Both B2C and B2B supplies are 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:
It will be interesting to see how this is going to be implemented in practice to avoid double taxation.
As a result of this law change, non-resident businesses (foreign suppliers of digital services) are 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:
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 companies. 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.
The information contained in this publication (“Information”) has been provided to you for general information purposes only and we recommend that you obtain professional advice before acting or refraining from action as a result of the Information. Taxamo accepts no liability for any loss occasioned to any person acting or refraining from action as a result of the Information.
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