Tax obligations foreigners Mexico SAT 2026 RFC fiscal residency ISR
Key fact: After 183 days in Mexico in a calendar year — even without a contract with any Mexican company — you become a Mexican tax resident and must pay ISR on your worldwide income. The rule is Article 9 of the Mexican Tax Code (CFF). What changes each year is SAT's capability to detect and enforce it.

Tax resident vs non-resident: the distinction that determines everything else

Mexico's tax system divides foreigners into two categories with radically different obligations. Understanding which one applies is not optional — the classification determines whether you pay taxes on worldwide income or only on what you earn in Mexico, which rates apply, and which procedures are mandatory.

A Mexican tax resident is anyone who exceeds 183 days in the calendar year in Mexico, or whose center of vital interests is in Mexico (Art. 9 CFF). The center of vital interests is defined as the location from which more than 50% of the taxpayer's total income is generated, or where the taxpayer has their principal place of professional or business activity. In practice, someone who physically spends only 4 months in Mexico but invoices 80% of their projects to Mexican clients can be considered a tax resident — even if they fly to another country every two months.

A non-resident with Mexican-source income is someone who does not meet the residency criteria but receives income originating in Mexico. The concept of "source of wealth" (fuente de riqueza) is central to Title V of LISR: if your client or payer is a Mexican company or individual, if the property you rent is in Mexico, if the interest comes from a Mexican bank or debt — that income has a Mexican source and is subject to ISR even if you live in another country.

CriterionMexican tax residentNon-resident with Mexican income
When does it apply?183+ days in the year or center of vital interests in MexicoFewer than 183 days and no center of vital interests here
Which income is taxed?Worldwide income — everything earned in any countryOnly income with Mexican source of wealth
ISR rateProgressive 1.92%–35% with authorized deductionsFixed withholding by income type (25%, 10%, etc.)
RFC required?Yes — registered with SATNot always — the payer (retenedor) may fulfill the obligation
Annual return?Yes — before April 30 of the following yearGenerally no — the withholding agent covers the obligation
Tax treaty benefitCan apply foreign tax credits against Mexican ISRCan reduce withholding rate if a tax treaty is in force

Withholding rates for non-residents: how much Mexico takes by income type

For foreigners who are not tax residents but have Mexican-source income, Title V of LISR operates through withholding. The Mexican payer retains the tax and remits it to SAT on behalf of the non-resident, who generally does not need to file an additional return. Rates depend on income type:

Income typeISR withholding rateTax baseLISR Article
Independent professional services (consulting, software, design)25%Gross income — no deductionsArt. 168
Salaries (foreign company employee working in Mexico)15%–30%Depends on amount and days in territoryArt. 160
Rental of property located in Mexico25%Gross rental income — no deductionsArt. 186
Dividends from Mexican company10%On distributed dividend (beyond corporate ISR already paid)Art. 140
Interest (country with Mexico tax treaty)4.9%–21%Depends on creditor type and treaty provisionsArt. 166
Interest (no tax treaty)21%–35%Depends on creditor typeArt. 166
Royalties and technology licenses25%Gross incomeArt. 167
Sale of real estate in Mexico25% on gross price or rate on gainNon-resident may choose the more favorable optionArt. 189

Mexico's tax treaties: which countries have agreements and what it means in practice

Mexico has over 65 active Double Taxation Conventions (CDI) as of 2026, covering most major countries whose citizens commonly reside in Mexico. These treaties modify the default Title V LISR rules and allow, depending on the case, reduced withholding rates, determination of which country taxes specific income types, and tax credit mechanisms for taxes paid in the other country.

The most relevant for the expat community include treaties with the United States (since 1994), Spain, Canada, Germany, France, Netherlands, United Kingdom, Italy, Israel, South Korea, India and Japan. A full analysis of how each treaty works in practice is covered in our guide on double taxation and Mexico's tax treaties.

A critical point for Russian and Ukrainian nationals: Mexico has no double taxation treaty with Russia or Ukraine. This means a Russian or Ukrainian citizen who becomes a Mexican tax resident may face paying income tax in both Mexico (on worldwide income) and in their home country (if they maintain tax obligations there), with no automatic credit mechanism between the two systems. Planning in this scenario requires analyzing each country's legislation separately — and in many cases, formally establishing tax residency in only one country. This is precisely the situation Nexoconsult's Russian-speaking specialists analyze with clients before it becomes a costly problem.

RFC for foreigners: when is it mandatory and how to register

The RFC (Registro Federal de Contribuyentes) is Mexico's unique taxpayer identification number. For foreigners who become tax residents in Mexico, RFC registration is a legal obligation. Its absence does not eliminate fiscal obligations — it simply accumulates them with interest and surcharges. RFC registration for foreign individuals is done in person at any SAT office with a prior appointment. Required documents: valid passport, valid immigration document (temporary or permanent residency card, or valid FMM for visitors), CURP (Mexican population registry code), proof of address in Mexico no more than 3 months old, and an active email address for the SAT digital mailbox (buzón tributario).

If you have been in Mexico for more than 183 days, working remotely for a foreign company, and have never registered for RFC — you are not in compliance. SAT cross-references financial institution data and CFDI records to identify patterns consistent with tax residency. The 2026 SAT Master Plan specifically names digital nomads and expats as a focus area for compliance verification. Nexoconsult can help assess your specific situation and determine the most efficient regularization path, as covered in detail in our guide on how to become tax-compliant in Mexico if you have not filed.

Obligations of Mexican companies paying foreign non-residents

If you are a Mexican company paying fees, salaries or any other income to a foreign non-resident, you have specific obligations that go beyond transferring the funds. You must withhold the corresponding ISR at the Title V LISR rate for that income type, issue a CFDI de retenciones e información de pagos (the fiscal document for withholding from non-residents), and remit the withheld amount to SAT by the 17th of the following month. Failure to withhold or failure to issue the retention CFDI can make the expense non-deductible for the Mexican company, in addition to fines for the omissions. The foreign recipient is entitled to request a withholding certificate to credit the Mexican tax paid against their obligations in their country of residence.

Nexoconsult advises foreigners in Mexico across the full compliance chain: determining whether you are already a tax resident, processing your RFC, filing overdue returns, legally optimizing ISR through deductions and foreign tax credits, and managing the loss of Mexican tax residency when leaving the country. View plans and pricing here.

Frequently asked questions

Does a foreigner who has been in Mexico for more than 6 months have to pay taxes there?
Yes — and the precise threshold is 183 calendar days within a calendar year, not necessarily consecutive. Article 9 of Mexico's Tax Code (CFF) establishes that anyone who stays in Mexican territory for more than 183 days during a year becomes a Mexican tax resident. This means they must pay ISR (income tax) in Mexico on their worldwide income — not just on what they earn in Mexico, but on everything they receive in any country. A freelancer working from Playa del Carmen for European clients, a remote employee receiving their salary into a Spanish bank account, or an entrepreneur living in Cancun while operating a business in Colombia — all of them, once they exceed 183 days, have Mexican tax obligations on their total income. The most important exception: if Mexico has a Double Taxation Treaty with your previous country of residence, that treaty can modify how days are counted, which income is taxed, and which tax credits you can apply. Mexico has over 65 active tax treaties, including with the United States, Canada, Spain, Germany, France, the United Kingdom, Israel and India. Mexico does not have a treaty with Russia or Ukraine — for citizens of those countries, double taxation (paying in Mexico and in their home country) can be a reality with no automatic credit mechanism.
Does a foreigner working remotely from Mexico for a foreign company need to register for RFC?
It depends on how long they have been in Mexico. If they have already exceeded 183 days in the calendar year and became a Mexican tax resident, they have a legal obligation to obtain their RFC from SAT and declare worldwide income — including the salary received from the foreign company — even if that salary arrives in a foreign bank account and the company has never operated in Mexico. RFC registration for foreigners is done in person at any SAT office with a prior appointment. Required documents: valid passport, valid immigration document (temporary or permanent residency card, or valid FMM), CURP, and proof of address in Mexico (no more than 3 months old). If they have not exceeded 183 days and have no source of wealth in Mexico (meaning they do not provide services to Mexican clients or companies), there is no RFC obligation and no obligation to declare in Mexico. The most common mistake: the freelancer spends 9 months in Mexico, never registers for RFC, and SAT later detects them through bank movements or because Mexican clients included their information in CFDIs. Retroactive regularization is possible but involves surcharges and interest. Nexoconsult can help calculate the fiscal impact before approaching SAT.
How much ISR does Mexico withhold from a non-resident foreigner providing services to a Mexican company?
For a foreign non-tax-resident providing independent services (consulting, software development, design, etc.) to a Mexican company, Title V of LISR establishes a 25% withholding on gross income, with no right to deduct expenses. If you charge $100,000 MXN for a consulting project, the Mexican company must withhold $25,000 MXN and remit it to SAT on your behalf. The company issues a CFDI de retenciones documenting the payment. For other income types, rates differ: Interest paid to non-residents ranges from 4.9% (if the creditor's country has a treaty with Mexico and specific requirements are met) to 35% (for income from tax havens identified by SAT). Royalties on technology or intellectual property: 25% on gross income. Dividends from Mexican companies: 10% on the distributed dividend (in addition to the 30% corporate ISR already paid by the company). Salaries of employees of foreign companies who spend fewer than 183 days in Mexico: between 15% and 30% depending on the amount and conditions. Sale of real estate by non-residents: 25% on total price or the applicable marginal rate on the gain (the non-resident may choose), withheld by the notary.
Does a US citizen with an apartment rented in Mexico have to declare income to SAT?
Yes — and this applies even if the US citizen is not a tax resident in Mexico. Any income whose source of wealth is in Mexico is subject to Mexican ISR, regardless of the recipient's tax residency. For the owner of a property in Cancun, Puerto Vallarta or CDMX collecting rent from tenants in Mexico, Article 186 of LISR applies: 25% withholding on gross rental income if the owner is a non-resident, with no right to deduct expenses. If the owner is a Mexican tax resident (more than 183 days), they instead declare under the regular rental income regime (Chapter III, Title IV LISR) with authorized deductions and progressive ISR rates. The advantage for US citizens: the Double Taxation Treaty between Mexico and the United States (in force since 1994) may reduce the withholding rate or allow taxes paid in Mexico to be credited against US tax liability. This requires the appropriate forms with both the IRS and SAT. If the apartment is rented through Airbnb or another digital platform, the SAT's technology platforms regime also applies, with separate withholding and reporting obligations. The platform itself may handle the withholding if it is registered with SAT, reducing the owner's administrative burden.
How does a foreigner stop being a Mexican tax resident when they leave the country?
Loss of Mexican tax residency is not automatic when you buy a plane ticket. Article 9 of the CFF establishes the procedure: the foreigner must notify SAT that they are ceasing to be a Mexican tax resident and demonstrate that they have acquired tax residency in another country. The notification is made through the corresponding SAT form, accompanied by: a tax residency certificate issued by the tax authorities of the new country of residence, the most recent Mexican tax returns filed, and documentation proving the actual relocation (lease or property contract in the new country, Mexican bank account closures where applicable). An important point: if in the year you leave you continue generating income in Mexico (property rentals, interest, fees from Mexican clients), that income remains taxable in Mexico as non-resident income (Title V LISR) even though you no longer live there. Tax residency may end, but the Mexican source of wealth generates obligations as long as it exists. For those who never completed this process and have been outside Mexico for years still registered as "residents" in SAT records, regularization requires a personalized strategy. Nexoconsult advises on this process to minimize the fiscal impact of years not correctly declared.