[ Offshore Tax ] How about Working remotely from Mexico? Video

How about Working remotely from Mexico?

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 centre of vital interests is located. Under Mexican domestic tax law, a person’s centre 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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DERREN JOSEPH:
If I obtain temporary residency in Mexico while being based in the US and remotely work for a US-based employer, but plan to spend more than one engine in 80 days in Mexico a year, would I incur a tax liability in Mexico and the Mexican law?

CARLOS MORALES:
Okay. In this case, we have to see any situations. So the life of this person, but it mainly, eh, what rules here is, what is the source of income. If this person is not having a, an employer in Mexico, I see that is working for a US-based employer. Eh, then that person could be here with a migration permit without having to pay taxes in Mexico. Even though that person would have double residency without becoming a Mexican tax resident, and also they can have now bank accounts and Mexico. So if that person with this information, I think that would be remaining as a US tax resident a hundred percent without risk of being taxed in Mexico.

DERREN JOSEPH:
Right. But I'm just wondering what about the 180 days? So that day's test, if they cross 180 3 of their cross six months, does that change their position?

CARLOS MORALES:
Well, the constitution is applicable to those who are carrying out professional services or business profits. So in terms of that, they are not earning income from Mexico's sources. They are not, they don't have an obligation to become Mexican tax residents. They will be a US tax resident. And if they have some, let's say some professional services, professional, extra services, they could be considered taxable in Mexico. It both as a US resident then there, or the client should be withholding 25% not paying that person than a return and the income, eh, worldwide.

DERREN JOSEPH:
So in other words, they split their income between, you know, the Mexico source income, which is going to be taxable. And then the rest of their income that arises outside of Mexico, won't be taxable. Is that fair?

CARLOS MORALES:
In terms of withholding? Yes, there would, Helen would be only for the income coming from next ticket stores, but this person should go see the whole income, eh, from Mexico and the U S in the annual return in the US Navy has the right to credit the Mexican taxpayer.

DERREN JOSEPH:
Okay. Gotcha. Thanks for that.

OUTRO:
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