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The reason for the present is to inform of the publication of the decree granting fiscal stimulus to encourage new investments.
The Decree granting fiscal stimulus to support the national strategy called “Plan Mexico” to promote new investments that encourage dual training programs and promote innovation was published on January 21, 2025.
This Decree indicates an applicable amount of 30 billion pesos during the term of the Decree (September 30, 2030), of which 28.5 billion pesos will be allocated for fiscal stimulus in investment in new fixed asset assets and the remaining 1.5 billion pesos for the fiscal stimulus of the additional deduction in training and innovation expenses, in accordance with the rates and rules provided for in said Decree.
The Decree provides for the creation of an Evaluation Committee composed of representatives of the secretariats of Finance and Public Credit and the Economy with the participation of the Advisory Council for Regional Economic Development and Relocalization in order to establish evaluation and control measures with respect to the application of the incentives it confers. It is expected that this Committee will determine for each fiscal year the maximum amount that taxpayers can apply for each of the fiscal stimuli.
It is established that the Evaluation Committee must issue the guidelines referred to in the Decree no longer than 60 calendar days after its publication.
Below, please find the points that we consider to be the most important:
I. Immediate deduction
For the purpose of the stimulus, new assets will be understood as those that are used for the first time in Mexico, and this will only apply to investments in fixed assets whose acquisition is intended to be used exclusively for the development of the taxpayer's activities and that remain in use for a minimum period of 2 years following the year in which the deduction is made, unless they are first lost by fortuitous event or force majeure, or are alienated.
The taxpayers to whom the stimulus is applicable are the following: (i) Legal persons who are taxed under the terms of Title II “Of Legal Persons”, of the LISR [1], (ii) Legal Persons who are taxed under the terms of Titles VII “On Tax Incentives”, Chapter XII “Simplified Trust Regime”, of the LISR, (iii) Individuals who pay taxes in accordance with Title IV “Of Natural Persons”, Chapter II “On Income from Business and Professional Activities”, Section I “On Individuals with Activities” Business and Professional”, from the LISR.
The requirements for the stimulus to be applicable are as follows:
- Have the tax mailbox enabled.
- Have a positive opinion about compliance with tax obligations.
- Present either the investment project; the collaboration agreement concluded with the Ministry of Public Education in the field of dual education; the investment project for the development of the invention or for the initial certification.
- Have the proof of compliance issued by the Evaluation Committee to apply fiscal stimuli.
- Comply with the guidelines issued by the Evaluation Committee.
- The Decree establishes that the stimulus is applicable to investments that taxpayers keep in use for a minimum period of two years immediately following the year in which their immediate deduction is made.
· Non-application of the stimulus:
The stimulus will not be applicable in the case of office furniture and equipment, cars powered by internal combustion engines, automobile armor equipment, or any fixed asset asset not individually identifiable, nor in the case of aircraft other than those dedicated to agricultural aerofumigation.
In addition, it is expected that taxpayers who fall under the assumptions established in article 69, 69-B and 69-B Bis of the Federal Tax Code, taxpayers who have firm tax credits and taxpayers who are in the procedure of temporarily restricting the use of digital stamps or have them canceled, among others, will not be able to apply the stimulus.
II. Additional deduction for training or innovation
It is established that the above-mentioned tax payers may apply to the annual return for the fiscal years 2025, 2026, 2027, 2028, 2029 and 2030 an additional deduction equivalent to 25% of the increase in training expenses received by each of their workers in the financial year in question or for the expenses incurred as a result of innovation.
In this regard, the increase in the expenses referred to will be the positive difference between the expenditure spent for training or innovation in the financial year in question and the average expenditure that the taxpayer has spent for the same concepts in the last three fiscal years prior to the one in which the above-mentioned expenses were spent.
It is important to mention that in accordance with the Decree, the fiscal stimulus in question will not be cumulative for the purposes of the LISR.
The Decree rescinds the “Decree granting tax incentives to key sectors of the export industry consisting of the immediate deduction of investment in new fixed asset assets and the additional deduction of training expenses (Nearshoring Decree), published on October 11, 2023, taxpayers who have applied this decree will continue with it until its application is completed.
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We hope that the information provided will be useful. We are at your disposal for any questions or clarifications in this regard. For any additional questions, do not hesitate to contact Juan Ignacio López Domínguez Through the mail jilopez@glzabogados.com.
[1] Income Tax Act.
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