New Withholding Tax On Dividends In Mexico

JD
Jones Day

Contributor

Jones Day is a global law firm with more than 2,500 lawyers across five continents. The Firm is distinguished by a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.
The Mexican Income Tax Law entered into force on January 1, 2014 and established a new 10 percent withholding tax on the gross amount of dividend payments.
Mexico Tax
To print this article, all you need is to be registered or login on Mondaq.com.

Up to December 31, 2013, Mexico did not tax dividend payments. However, the Mexican Income Tax Law ("MITL") that entered into force on January 1, 2014 established a new 10 percent withholding tax on the gross amount of dividend payments made by legal entities resident in Mexico for tax purposes to its shareholders.
 
The 10 percent withholding tax will be applicable to the following shareholders of the relevant entity paying dividends: individuals who are tax residents in Mexico and foreign shareholders. No withholding tax is triggered when a legal entity resident for tax purposes in Mexico pays dividends to other Mexican resident legal entities.
 
Most of the 57 tax treaties executed by Mexico include either a reduced withholding tax rate on dividend payments for some qualified shareholders (e.g., 5 percent for the tax treaties with the United States, Germany, Belgium, Spain, Canada, France, Luxembourg, South Africa, Panama, Uruguay, Japan, or China, among others) or a source taxation exemption (e.g., the tax treaties with the U.S., Singapore, Australia, Colombia, Hong Kong, Japan, Kuwait, Qatar, Sweden, Switzerland, or the United Kingdom, among others).
 
As established in the former income tax law, the MITL provides that all Mexican entities are obligated to keep and calculate the after-tax profit account ("CUFIN," for its Spanish acronym), in order to identify all profits that were already subject to corporate taxes in Mexico. In this respect, the transitory provisions of the MITL establish that the 10 percent withholding tax on dividends will be applicable only to those dividends paid from the CUFIN generated after 2013.
 
Finally, in order to avoid distortions when paying dividends between Mexican legal entities, the administrative regulations issued by the tax authorities clarified that dividend payments made by a Mexican tax resident legal entity to another Mexican legal entity from the 2013 CUFIN will be considered as an increase of the 2013 CUFIN of the entity receiving the dividends.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More