The second chamber of the Supreme Court of Justice of the Nation (Suprema Corte de Justicia de la Nación) determined that a limit on certain deductions imposed on employers in connection to payments made to their employees, and the related limited deductibility of payments that in turn represent non-taxable or exempt income at the employee level, including also payments made to retirement plans using a factor of 0.53 or 0.47, were constitutional and thus applicable starting FY 2014.
The second chamber of the high court in its analysis, considered that because the payments made to employees were a “strategic deduction” (i.e., payments necessary for the company to be able to conduct its business activity), the deductibility of such payments could be limited as long as the payments were made for a valid and rational reason. Additionally, the second chamber:
Tax professionals in Mexico have observed that the last two aspects of the court’s findings were previously resolved favorably for taxpayers, in earlier proceedings. However, given that a new law was subsequently enacted and effective in 2014, there has been a mandatory requirement for taxpayers to affirmatively protest to state their positions.
Also, it has been observed that these issues were addressed and decided by only one chamber of the Supreme Court—and not by a full count panel.
Still, only an auxiliary aspect of the issues has been settled in the high court’s decision. Therefore, binding precedent has not been established and, thus, the finding is not required to be followed. What does this mean for taxpayers that have cases in process with similar issues? It may be that these cases could be addressed and decided by a full panel of the Supreme Court, so that a binding court precedential decision would be handed down.
Read a September 2016 report (Spanish) prepared by the KPMG member firm in Mexico: Resuelve la Corte amparo en materia de deducciones
For more information, contact a tax professional with KPMG´s Mexico Tax Center in New York or with the KPMG member firm in Mexico:
Jose Manuel Ramirez | +1 212 872 6541 | firstname.lastname@example.org
Manuel Rico | +52 555 246 8558 | email@example.com
Catherine Thibault | +52 555 246 8474 | firstname.lastname@example.org
Ana Carolina Dominguez | +52 555 246 8448 | email@example.com
Jose Miguel Echenique | +52 555 246 8561 | firstname.lastname@example.org
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