Luis Antonio Monroy

Partner since 2022


Phone: +52 (55) 5201-7400
Mail: lmonroy@macf.com.mx

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Luis Antonio Monroy

Partner since 2022


Luis Antonio Monroy, joined the Firm in 2004 and focuses on providing tax advice to national and multinational companies. Luis is constantly involved in M&A transactions, financings, capital markets and corporate reorganizations. Likewise, he has advised clients from various industries in connection with the application of conventions for the avoidance of double taxation and has represented them in regulatory matters vis-à-vis the Mexican tax authorities at the federal, state and local levels. More recently, he regularly advises clients regarding the application of the amendments to labor and tax laws relative to outsourcing.

In response to the recent trend to incorporate environmental, social and governance (ESG) impact criteria into the strategies of organizations, we have complemented the Firm's Tax practice in order to provide our clients the necessary tools to make informed decisions regarding the field of ESG, specifically in terms of tax risks.

 

 

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   November 15th, 2023

The Supreme Court of Justice of Mexico declares the unconstitutionality of certain municipal taxes for solar panel installations

On November 8, 2023, the Second Chamber of the Supreme Court of Justice of the Nation (SCJN), ruling on an appeal sponsored by our Firm, declared the unconstitutionality of the collection of fees and annual endorsement for the installation of solar panels for the fiscal year 2022, at the municipal level.

Professional Related: Armando Elsharkawy , Enrique Ramírez , Luis Antonio Monroy , Nora Morales

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   October 12th, 2023

Tax Incentives for Key Sectors of the Export Industry

On October 11, 2023, the “Decree granting tax incentives to key sectors of the export industry, consisting of accelerated depreciation of investments in new fixed assets and additional deduction of training expenses” (the “Decree”) was published in the Official Gazette of the Federation.  

Professional Related: Armando Elsharkawy , Enrique Ramírez , Luis Antonio Monroy , Nora Morales

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   August 10th, 2023

Publication of the Amending Protocol to the Treaty to Avoid Double Taxation between Mexico and Germany

On August 4, 2023, the Promulgation Decree of the Protocol that Modifies the Agreement of July 9, 2008, between the United Mexican States and the Federal Republic of Germany to Avoid Double Taxation and Fiscal Evasion in Matters of Taxes on Income and on Wealth was published on the Federal Official Gazette.

Professional Related: Armando Elsharkawy , Luis Antonio Monroy

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   May 29th, 2023

Identification of controlling beneficiaries, potential initiation of information requests by the Mexican tax authorities

As of January 1st, 2022, the obligations to (i) identify and collect information of the controlling beneficiaries of legal entities, trusts and other legal concepts and (ii) establish duly documented internal control procedures in order to obtain and keep the complete and updated information of such beneficiaries came into force in order to combat tax evasion and prevent money laundering. The foregoing, in accordance with the provisions of articles 32-B, section V, 32-B Bis, 32-B Ter, 32-B Quáter, and 32-B Quinquies of the Federal Fiscal Code.

Professional Related: Enrique Ramírez , Luis Antonio Monroy , Manuel Tamez , Nora Morales , Santiago Moctezuma

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   March 22nd, 2023

Mexico submits its instrument for ratification of the Multilateral Instrument before the OECD

On March 15, 2023, Mexico submitted before the Organisation for Economic Co-operation and Development its instrument for ratification of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (“Multilateral Instrument”). Consequently, the Multilateral Instrument will enter into force on July 1st, 2023 in accordance with its Article 34; and with respect to withholding taxes and residence taxation, it will take effect and be applicable as of January 1st, 2024.

Professional Related: Enrique Ramírez , Luis Antonio Monroy , Manuel Tamez , Nora Morales

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   March 16th, 2023

The Mexican Supreme Court of Justice has ruled that the offset of debts is not a form of payment of VAT for purposes of claiming a credit against VAT in charge.

On March 15, 2023, the Second Chamber of the Mexican Supreme Court of Justice ("MSCJ") issued a binding ruling stating that the value-added tax ("VAT") paid through the offset of debts is not creditable. 

Professional Related: Enrique Ramírez , Luis Antonio Monroy , Manuel Tamez , Nora Morales

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   January 26th, 2023

Registration of the institutions that manage personal saving accounts tax incentives

Article 185 of the Income Tax Law establishes a tax incentive that allows individual taxpayers who make deposits in special personal savings accounts, make premium payments on insurance contracts based on pension plans related to age, retirement or retirement, or acquire shares of investment funds that are identifiable under the terms indicated by the Tax Administration Service by means of general rules, to subtract said amounts from the annual income tax base of the corresponding taxpayer.  

Professional Related: Enrique Ramírez , Luis Antonio Monroy , Manuel Tamez , Nora Morales

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   December 14th, 2022

Inspection criteria on subcontracting related to tourism and hospitality services

On December 12, 2022, the Ministry of Labor and Social Welfare (“STPS” per its acronym in Spanish) published in the Official Gazette of the Federation the resolution that establishes Mexican labor authorities’ criteria for conducting inspections regarding personnel subcontracting arrangements for companies in the tourism and accommodation sector (the "Resolution").  

Professional Related: Enrique Ramírez , Lorenza Langarica , Luis Antonio Monroy , Nora Morales

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   November 7th, 2022

Identification of controlling beneficiaries and publication of FAQ by the Tax Administration Service (SAT)

As of January 1st, 2022, the obligations to (i) identify the controlling beneficiaries of legal entities, trusts and other legal concepts and (ii) establish duly documented internal control procedures in order to obtain and keep the complete and updated information of such beneficiaries came into force in order to combat tax evasion and prevent money laundering.

Professional Related: Enrique Ramírez , Luis Antonio Monroy , Manuel Tamez , Nora Morales

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   October 13th, 2022

Mexico approves Multilateral Convention

On October 12, 2022, the Chamber of Senators of the Congress of the United States of Mexico has approved the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the “Multilateral Instrument”), which was submitted for consideration of such Chamber on November 23, 2018.  

Professional Related: Enrique Ramírez , Luis Antonio Monroy , Manuel Tamez , Nora Morales

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Education

  • Master of Advanced Studies in International Tax Law, International Tax Center Leiden - Leiden University, 2011
  • Public Accounting and Financial Strategy Degree, Instituto Tecnológico Autónomo de México, 2006

Languages

  • Spanish
  • English

Experience

  • Foreign Associate, Álvarez & Marsal Taxand LLC, USA, 2010 - 2011
  • Law clerk, Mijares, Angoitia, Cortés y Fuentes, 2004-2006

Practice Areas