SAT Mexico publishes non-binding criteria regarding transfer pricing

Today, the Tax Administration Service published in the Official Gazette of the Federation, the fourth resolution to the tax miscellaneous resolution for 2018, in which are new non-binding transfer pricing criteria . These are the following:

39 / ISR / NV “Recognition of Unique and Valuable Transactions”.

40 / ISR / NV “Modifications to the value of operations with related parties within the interquartile range”.
The issuance of these non-binding criteria (NBC) is oriented to deter the taxpayers planning possibilities. The NBC 39 emphasizes the need for an adequate comparability analysis, oriented to the identification of the real contributions from the Mexican Taxpayer to the multinational business. On the contrary, the authorities can disregard the analysis, in order to increase the taxpayer taxable income. The NBC 40 prevents adjustments within the same interquartile range, aimed at reducing the taxpayer´s base. In both cases, the tax authorities require to the tax advisers to avoid any recommendation, service, or instrumentation of the aforementioned practices.

In the following link you can access the publication of the Official Gazette