The exception to the Mexican documentation requirements for domestic intercompany transactions is provided because a similar exception with regards to cross-border intercompany transactions has applied to Mexican taxpayers since the Mexican transfer pricing rules were enacted.
That is, until 2012, taxpayers were not required to document the arm’s length nature of cross-border intercompany transactions if their annual gross receipts the previous tax year did not exceed MX $13 million or, in the case of taxpayers providing professional services, their gross receipts did not exceed MX $3 million.
However, those same taxpayers were required to document the arm’s length nature of their domestic intercompany transactions notwithstanding their gross receipts for the previous tax year.
Exception to documentation requirements
Based on the new tax provision, the exception for the requirement to prepare supporting documentation of the arm’s length nature of the intercompany transactions is consistent for domestic and cross-border intercompany transactions.
Thus, beginning with the fiscal year ending 31 December 2012, the Mexican transfer pricing documentation requirements do not apply either to a corporation or taxpayer engaged in business activities with annual gross receipts that do not exceed MX $13 million during the previous fiscal year or to taxpayers providing professional services whose gross receipts from those services do not exceed MX $3 million.
In any event, taxpayers need to note that there is no exception to the requirement to conduct all intercompany transactions at arm’s length.
For more information, contact a tax professional with KPMG’s Global Transfer Pricing Services:
M. Teresa Quiñones
+52 (55) 5246 8347
Contact a tax professional with KPMG's Global Transfer Pricing Services.