Professional Documents
Culture Documents
DANIEL SANCHEZ
SENIOR ECONOMIST
APRIL 14, 2010
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MAQUILA
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REGULATORY ENVIRONMENT
AMENDMENTS
• Art 50 Section XIV → Art 86 Section XII
(Documentation Requirements)
• Art 64-A → Art 215
(General Terms and Types of Transactions)
• Art 65 → Art 216
(Accepted Methods)
• Art 216-Bis
(Exclusively referring to maquiladoras and
their documentation options)
OECD GUIDELINES
• The Transfer Pricing Guidelines for Multinational
Enterprises and Tax Administrations published in
1995 by the OECD or their subsequent
amendments will be applicable to the terms
contained in these Articles, as long as they are
congruent with the included in the MITL.
Parent Co.
US
Inventories
Maq.
Double Taxation
DOCUMENTATION REQUIREMENTS
• ART 86 SECTION XII
- The taxpayer’s legal denomination, address, tax
residence and tax identification number of the related
parties with whom transactions are carried out, as well as
the documentation that demonstrates the direct and
indirect participation between the related parties (i.e.,
contracts, stockholders registry, etc.).
- Information regarding the functions, assets used and
risks assumed by the taxpayer for each type of
transaction.
MAQUILA, NON-MAQUILA AND DOMESTIC
TRANSACTIONS
• Maquila
– Required to comply with Art 86 Section XII, Article 215,
Article 216 and 216-Bis (excludes Article 86, Section XIII)
• Non-Maquila
– Required to comply with Art 86 Section XII, Section XIII,
Article 215 and Article 216 (excludes Article 216-Bis)
• Domestic Transactions
– Required to comply with Article 86 Section XV to prove
intercompany pricing is at arm’s length
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DEVELOPMENT OF
TRANSFER PRICING
METHODS
DEVELOPMENT OF TRANSFER PRICING
METHODS
• Article 216 of the MITL states that a taxpayer may apply any
of the transfer pricing methods included in the MITL:
– Traditional transactional methods:
• Comparable Uncontrolled Price Method
• Resale Price Method
• Cost Plus Method
– Profit based methods:
• Profit Split Method
• Residual Profit Split Method
• Transactional Operating Profit Margin Method/CPM/TNMM
Jointly with the income tax return of the fiscal year or by recent
miscellaneous resolution with the audited financial statements, on
the official form approved by the tax authorities, taxpayers shall
report the information of operations with foreign related parties
performed in the fiscal year
Michelle Katnik
michelle.katnik@thomsonreuters.com
646.424.5210