Key facts
| Tax basis | Residence-based |
|---|---|
| Tax year | Calendar year (a帽o de calendario) |
| Taxes citizens abroad | Not as a general rule |
| Residence tests recorded | 2 |
| Region | North America |
How Mexico decides tax residence
Each test is recorded separately with its own ID. Meeting or missing one test does not settle residence on its own.
Home in Mexico (casa habitaci贸n) and centre of vital interests
The Federal Tax Code (C贸digo Fiscal de la Federaci贸n, article 9, fraction I, subparagraph a) treats individuals who have established their home in Mexico as residents. The Code's regulation (article 5) adds that people who only stay temporarily in property used for tourism, and whose centre of vital interests is not in Mexico, have not established a home there. The full article 9 text, including its vital-interests criteria and any presumption for Mexican nationals, should be read in the current official version of the Code.
Treaty tie-breaker when two countries treat a person as resident
Mexico's income tax treaties set tie-breaker rules for people resident in both countries under domestic law. In the treaty with Panama, for example, the person is resident only where they have a permanent home available; if they have one in both or neither, the country of closer personal and economic relations (centre of vital interests) decides, followed by further tests. Each treaty must be checked on its own terms.
Arriving, leaving and part years
As published in 2013, article 90 of the Income Tax Law says individuals who change their residence to another country during a calendar year treat their provisional payments as the final tax and cannot file an annual return. Check the current consolidated text and SAT guidance for the notice that must be given when tax residence changes. Relates to MX-RES-01.
Reporting duties to check
- Annual return (declaraci贸n anual). Article 150 of the Income Tax Law requires individuals with income in a calendar year, apart from exempt income and income already taxed definitively, to pay their annual tax by a return filed in April of the following year, with some exceptions for people with only salary and limited interest income. Source
- Loans, gifts and prizes in the annual return. As published in 2013, article 90 of the Income Tax Law requires resident individuals to report loans, gifts and prizes received in the year in the annual return when they pass a set amount. Check the current amount and form with the SAT. Source
Social security
Mexico appears on the CRA's list of countries with a social security agreement with Canada; check the Instituto Mexicano del Seguro Social and each agreement for coverage and terms.
Living base
Foreign nationals live in Mexico under temporary residence (residente temporal) or permanent residence (residente permanente). Mexican consulates list bases such as economic solvency, family unit, real estate in Mexico and investment for temporary residence, and retirement or pension, family unit and a points system for permanent residence, with the residence card issued by the Instituto Nacional de Migraci贸n after entry. A residence card does not decide tax residence, which follows the Federal Tax Code tests.
How visas, permits and tax residence differ
Citizenship
Mexican nationality can be acquired by birth or by naturalization through a carta de naturalizaci贸n issued by the Secretar铆a de Relaciones Exteriores, with routes based on residence, marriage to a Mexican national and origin in a Latin American or Iberian country. The residence periods and any rules on keeping a prior nationality were not verified from an official page for this record; check the current SRE requirements.
Questions to take to a professional
- Where is my casa habitaci贸n for Mexican tax purposes if I keep homes in more than one country?
- How would the centre of vital interests criteria in article 9 of the Federal Tax Code apply to my income and professional activity?
- If I am a Mexican national living abroad, what does the current Code say about proving residence elsewhere?
- What notice must I give the SAT when my tax residence changes, and when is it due?
- How would the tie-breaker article of the relevant tax treaty apply to me if another country also treats me as resident?
- Which of my foreign-source income items must be declared in my Mexican annual return as a resident?
- Does my residence card category affect any of my tax or social security obligations?
Official authorities
- Servicio de Administraci贸n Tributaria (SAT)
- Instituto Nacional de Migraci贸n (INM)
- Secretar铆a de Relaciones Exteriores (SRE)
Sources
- Ley del Impuesto sobre la Renta (published DOF 11 December 2013), Orden Jur铆dico NacionalPrimary law
- Reglamento del C贸digo Fiscal de la Federaci贸n (DOF 2 April 2014)Primary law
- Convenio entre Panam谩 y M茅xico para evitar la doble imposici贸n (DGI Panam谩)Treaty text
- Tipos de Visa 2025 (Consulado General de M茅xico en Houston)Official guidance
- What is the purpose of international social security agreements? (CRA)Official guidance
Other countries in North America
- Countries covered
- Mexico
- Sources
- 5 sources listed above
- Tax year
- Current rules as checked
- Review
- Not professionally reviewed
Sources checked November 8, 2026