Working remotely for both a Mexican and a US employer?
The Federal Tax Code provides that a person is a resident for Mexican tax purposes when that person establishes a home in Mexico. If the individual has a home in another country, then the individual is a resident of the country where the individual’s center of vital interests is located. Under Mexican domestic tax law, a person’s center of vital interests is considered located in Mexico if either
(i) more than 50% of the person's income comes from Mexican sources in a calendar year or (ii) Mexico is the primary place of the person's professional activities.
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So he's doing remote work in Mexico for both a Mexican employer and a US employer. So he is lucky he has two jobs. So he did him, he did his return in the US, but his question is about his Mexico taxes. How does he declare his Mexican taxes?
CARLOS MORALES:
Taxes? Well, this is a very interesting, very interesting question, because the source of income is two countries, two different countries, and the tax authorities would claim to declare both. We are under a double taxation situation, but there are a lot of things in between to consider. Maybe he can choose, but he's if he's living in Mexico, we have to see where is his family, where is living just to avoid, let's say that his paying his taxes in the US, but we will be very clear just to avoid that Mexican authorities ask to pay taxes. Also in Mexico, this is a double taxation situation that needs to be addressed care with care. It's very easy because if you pay taxes only in one state, you can credit the, in the other country. So you have to have the tax residents certification in one of them. And we have to, to look at that at this point, not as a problem, but as, as a challenge to know what's the situation,
DERREN JOSEPH:
Right? So it's, it's not insurmountable, but it is a challenge for Carlos. We like challenges. So what we say, what we're saying is that don't worry, this person might be in panic mode. Don't worry. You're not gonna be double tax, right? Because first of all, both nations, and jurisdictions recognize foreign tax credits. Plus there's a treaty to rely on. So once you have a tax team that understands both sides, you should be, you should be free of any double taxation, but more information is required. So there's also, you know, that whole center of vital interests and where are your family, habitual board, stuff like that. So again, don't panic, don't worry, no double tax, but you still should sit with a professional and, and get the right advice. So, okay.
CARLOS MORALES:
Yes.
OUTRO:
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