- Mexican courts have ruled that exported services must be enjoyed outside of Mexico for the 0% VAT rate to apply
- Determining where certain services are “enjoyed” can be challenging
- A recent ruling from a federal circuit court provided guidance on how the term “enjoyment” is analyzed and applied
- Multinational corporations with Mexican subsidiaries engaged in service activities should consider the implications of this ruling for their cross-border operations
- Mexican VAT Law states that services rendered by a Mexican resident are deemed exported when the “enjoyment” of the service takes place abroad
- The Regulations of the VAT Law confirm that the physical location of the service provider is not the determining factor for whether a service is considered exported
- Conflicting opinions from federal courts have been issued on whether certain services qualify for the 0% VAT rate
- A case-by-case analysis is necessary to determine where the “enjoyment” of a service occurs.
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.