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

In reference to our Client Alert of September 14, 2023, regarding the Economic Bill for 2024, we bring to your attention the following.

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

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

On September 8, the Executive Branch submitted to the Mexican Congress the Economic Bill for Fiscal Year 2024. This bill includes the General Economic Policy Criteria, the Federal Revenue Law initiative and the proposed Federal Expenditure Budget.  

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

I. Background. On June 1, 2023, the provisions of Legislative Decree 111 (the "Decree"), officially became effective. These provisions were published on November 30, 2022, in the Official Gazette of the Government of the State of Guanajuato. The Decree introduces a significant addition to Title Two of the Tax Law for the State of Guanajuato, specifically the Eighth Chapter titled "Ecological Taxes for Environmental Remediation" (the "Environmental Taxes”). In addition, on May 31, 2023, the "Legislative Decree Number 204, which amends and repeals several provisions of the Tax Law for the State of Guanajuato" (the "Decree 204") was published in the Official Gazette of the Government of the State of Guanajuato, through which several amendments were made to the Decree.

Professional Related: Enrique Ramírez , Nora Morales

The Federal Labor Law ("LFT") provides that telework is any employment relationship that is performed in a place other than the work center through the use of information technology and does not require the physical presence of the employee. Any workday developed beyond 40% of the time performed under this modality is considered teleworking. The same LFT, in its transitory articles, provided the Federal Executive with a term to publish the Official Mexican Norm NOM-037-STPS-2023 ("NOM", per its acronym in Spanish) to govern the obligations of this modality.  

Professional Related: Claudio Jiménez de León , Enrique Ramírez , Nora Morales , Rodrigo del Valle

On June 8, 2023, in plenary session the Supreme Court of Justice (“SCJN”) resolved the constitutional controversy 94/2021, filed by the Federal Economic Competition Commission and the constitutional controversy 93/2021, filed by the Federal Telecommunications Institute, both of them claiming the invalidity of the Decree enacting the Law for the Transparency, Prevention and Combat of Improper Practices in Advertising Contracting, published in the Official Gazette of the Federation on June 3, 2021 (the “Decree”).

Professional Related: Carlos Orcí , Elian Ávila , Nora Morales

On June 5, 2023, the "Decree to promote investment by taxpayers engaged in productive economic activities within the Isthmus of Tehuantepec" (the "Decree") was published in the Federation’s Official Gazette.

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

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

On May 8, 2023, several amendments to the Mining Law, the National Waters Law, the General Law of Ecological Balance and Environmental Protection, as well as the General Law for the Prevention and Integral Management of Waste, regarding the mining industry (the “Mining Reform”) were published in the Official Gazette of the Federation.  

Professional Related: Enrique Ramírez , Nora Morales , Paula Pérez

On March 24, 2023, the President of Mexico, Andrés Manuel López Obrador, introduced a bill on administrative matters to the House of Representatives, which seeks relevant changes to various federal administrative laws (the “Bill”). 

Professional Related: Eugenio Macouzet , Horacio M. de Uriarte , Martín Sánchez , Nora Morales

On March 24, 2023, the President of Mexico, introduced a Bill before the House of Representatives, which seeks relevant changes to the Mining Law, the National Waters Law and the General Law on Ecological Balance and Protection of the Environment (the “Bill”). 

Professional Related: Enrique Ramírez , Nora Morales

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

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

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

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

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

We have been recognized again by Legal 500 as a leading law firm in Mexico.

Professional Related: Aisha Calderón , Alejandro Díaz , Carlos Jiménez , Carlos Orcí , Enrique Ramírez , Everardo J. Espino , Francisco Fuentes Ostos , Francisco Glennie , Horacio M. de Uriarte , Lorenza Langarica , Manuel Echave , Martín Sánchez , Nora Morales , Patricio Trad , Patrick Meshoulam , Paula Pérez , Ricardo Maldonado

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

On September 8, 2022, the Executive Branch submitted to the Mexican Congress the initiatives for the Federal Revenue Law, the General Guidelines for Economic Policy and the proposed Federal Budget Initiative for the 2023 fiscal year.

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

The new electronic invoices’ ("CFDI” as per its acronym in Spanish) complement named payroll receipt 1.2 is integrated with the version 4.0 of the CFDI as of January 1st, 2022, although there is a coexistence period with the previous version 3.3 from January 1st to June 30, 2022, being mandatory as of July 1st, 2022.  

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

We continue to demonstrate our quality of service and market leadership by being recognized once again by Chambers Global 2022.    

Professional Related: Enrique Ramírez , Eugenia Portugal , Eugenio Macouzet , Francisco Fuentes Ostos , Horacio M. de Uriarte , Manuel Echave , Martín Sánchez , Nora Morales , Pablo Mijares , Patricio Trad , Patrick Meshoulam , Pilar Mata , Ricardo Maldonado

On April 23, 2021, amendments to the Federal Labor Law, the Social Security Law, the National Housing Fund Institute for Workers Law, the Federal Fiscal Code, the Income Tax Law, and the Value Added Tax Law, were published, aimed at regulating the labor outsourcing regimes in Mexico.

Professional Related: Claudio Jiménez de León , Enrique Ramírez , Manuel Tamez , Nora Morales

Derived from the pandemic caused by SARS-CoV-2 or COVID-19 virus, the Tax Administration Service had offered very few or no availability to schedule appointments in its offices, which taxpayers need in order to arrange and carry out certain procedures to comply with their applicable tax obligations.

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

This year our firm was recognized as a leading law firm in Mexico by the publication Legal 500. We invite you to learn more about our recognized practice areas.  

Professional Related: Aisha Calderón , Carlos Jiménez , Carlos Orcí , Enrique Ramírez , Francisco Fuentes Ostos , Francisco Glennie , Manuel Echave , Martín Sánchez , Nora Morales , Pablo Mijares , Patrick Meshoulam , Paula Pérez , Pilar Mata , Ricardo Maldonado

Learn more about the recognitions that our firm has received from the World Tax Review publication.

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

We invite you to read more about our recognition in the category "Transactional Excellence from full-service team" by the publication Latin Lawyer.  

Professional Related: Carlos Jiménez , Carlos Orcí , Claudio Jiménez de León , Enrique Ramírez , Francisco Fuentes Ostos , Francisco Glennie , Francisco Ibáñez , Horacio M. de Uriarte , Ignacio Armida , Lorenza Langarica , Manuel Echave , Manuel Tamez , Nora Morales , Pablo Mijares , Patricio Trad , Patrick Meshoulam , Pilar Mata , Ricardo Maldonado

On September 7, 2021, Mexico’s President submitted before Congress the proposed bill of amendments to several tax laws that, if approved, will enter into force on January 1st, 2022 (the Proposed Amendment.) The Proposed Amendment includes relevant modifications for the oil and gas sectors that are described below.

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

We continue to be recognized by Chambers and Partners for demonstrating leadership and for our excellent customer service.

Professional Related: Carlos Orcí , Enrique Ramírez , Everardo J. Espino , Francisco Fuentes Ostos , Horacio M. de Uriarte , Lorenza Langarica , Manuel Echave , Martín Sánchez , Nora Morales , Pablo Mijares , Patricio Trad , Patrick Meshoulam , Paula Pérez , Pilar Mata , Ricardo Maldonado

Global Practice Guide "Doing Business in... 2021" -  Mexico, by Chambers and Partners.

Professional Related: Aisha Calderón , Carlos Orcí , Claudio Jiménez de León , Ignacio Armida , Manuel Tamez , Nora Morales

On June 11, 2021, the seventh resolution of amendments to the General Foreign Trade Rules for 2020 was published in the Official Gazette of the Federation, whereby, among other things, the rule 2.4.1. of the General Foreign Trade Rules (the “Rule”), was amended.

Professional Related: Enrique Ramírez , Horacio M. de Uriarte , Nora Morales

By means of press release 066/2021 issued on 13 June 2021, the Tax Administration Service published in its webpage the parameters with respect to the effective tax rates applicable to the measurement of tax risks corresponding to forty economic activities for fiscal years 2016, 2017, 2018 and 2019, based on the information available regarding large taxpayers.

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

On April 23, 2021, it was published the amendment regarding subcontracting regime. The most important labor and tax aspects are the following:

Professional Related: Claudio Jiménez de León , Enrique Ramírez , Manuel Tamez , Nora Morales

On April 20, 2021, the Senate of the Republic approved the amendment proposed to the subcontracting regime. The most important labor and tax aspects are the following:

Professional Related: Claudio Jiménez de León , Enrique Ramírez , Manuel Tamez , Nora Morales

Learn about the issues related to the labor subcontracting reform initiative that may be discussed in the Congress of the Union for its approval next May.

Professional Related: Claudio Jiménez de León , Enrique Ramírez , Nora Morales

Commentary on the Bill introduced on February 1st, 2021 to amend and supplement Mexico’s Electricity Industry Law.  

Professional Related: Horacio M. de Uriarte , Nora Morales , Pilar Mata

This December 8, 2020 was published in the Official Gazette of the Federation, the Decree by which various provisions of the Income Tax Law, the Value Added Tax Law and the Fiscal Code are amended, added and repealed of the Federation.

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

Know the new requirements for the importation and exportation of Hydrocarbons and Oil Products.

Professional Related: Carlos Orcí , Enrique Ramírez , Horacio M. de Uriarte , Nora Morales

Learn more about the initiative presented by the Federal Executive, which would affect the operation of companies in Mexico, eliminating the possibility of having “insourcing” or service providers within the same group, as well as contracting “outsourcing”.

Professional Related: Claudio Jiménez de León , Enrique Ramírez , Manuel Tamez , Nora Morales

Know the Third Resolution of Modifications to the Miscellaneous Fiscal Resolution for 2020 and its Annexes, which were published by the Official Gazette of the Federation on November 18 and 23 of this year.

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

The Federal Executive submitted a bill to the Congress of the Union containing various reforms aimed at regulating the regime of labor outsourcing in our country.

Professional Related: Claudio Jiménez de León , Enrique Ramírez , Nora Morales

On August 14, 2020, the Second Chamber of Mexico’s Supreme Court of Justice (the "Supreme Court") published in the Judicial Weekly Gazette (Semanario Judicial de la Federación) a case law summary under the heading: "Article 27 of the Law of Energy Regulatory Agencies violates the Principle of Constitutional Supremacy by establishing an additional exception to the Principle of Definitiveness that governs the amparo proceeding" (the "Decision").

Professional Related: Horacio M. de Uriarte , Nora Morales , Pilar Mata

On July 24, 2020 the Second Amending Resolution to the Miscellaneous Tax Resolution (“MTR”) for fiscal year 2020 was published the Official Gazette.

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

On July 24, 2020, the Second Resolution of Modifications to the Tax Miscellaneous Resolution for 2020 (the “Resolution”) was published on the Federal Official Gazette.

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

The Mexican Income Tax Law (“MITL”) provides that taxpayer may request the reduction of the amounts of monthly income tax (“IT”) advance payments due, payable as of the second semester of the relevant fiscal year.

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

Notice regarding the modification or incorporation of members or shareholders to the Federal Taxpayers’ Registry

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

Stepping into Tomorrow in collaboration with Thomson Reuters and Prime Global.

Professional Related: Nora Morales

On May 4th, 2020, the Tax Administration Service (SAT) published, on its website, the sixth version of the anticipated First Amendment to the Miscellaneous Tax Resolution for 2020.

Professional Related: Enrique Ramírez , Manuel Tamez , Nora Morales

Enrique Ramírez Figueroa and Nora Morales Rodríguez are joining the Firm as partners in our Tax practice. Previously, Enrique and Nora were partners in dierent local and international rms, such as EY Mexico and Chevez, Ruiz, Zamarripa, S.C.

Professional Related: Enrique Ramírez , Nora Morales