March 19, 2025

Initiative to reform the income tax law to tax high-value inheritances and donations

On March 4, 2025, an initiative to reform the Income Tax Act (LISR) was presented to the Congress of Mexico City with the objective of establishing a progressive tax on inheritances, legacies and donations exceeding 15 million pesos. If approved, the measure would establish tax rates of 10% to 30% on these revenues [1].

CURRENT REGULATION AND PROPOSED CHANGES

To date, inheritances and bequests are exempt from income tax, while donations are only exempt if they are made between spouses, ascendants or descendants in a straight line (with respect to children, grandchildren, parents and grandparents).

The initiative seeks to modify this scheme by eliminating the exemption for large amounts and establishing a progressive tax. The main proposed changes include:

  • Amendment to articles 93, 130 and 132 of the ISR Act.
  • Addition of article 132 bis to regulate the new tax.
  • Application of progressive rates of 10% to 30% for inheritances and donations exceeding 15 million pesos.
  • Establishment of a detailed progressive rate structure as follows:
    • 10% of the amount that exceeds 15 million pesos and up to 60 million pesos.
    • 20% additional on the amount exceeding 60 million pesos and up to 150 million pesos.
    • 30% additional on the amount that exceeds 150 million pesos.

IMPLICATIONS AND NEXT STEPS

Given the potential impact of this initiative, it's crucial that high-net-worth individuals evaluate tax and wealth strategies to anticipate potential effects. We will continue to monitor the evolution of this proposal and its tax implications for our clients.

We hope that the information provided will be useful and we are at your disposal for any questions or clarifications in this regard. For any additional questions, do not hesitate to contact our partner Ana Lavín Through the mail a.lavin@glzabogados.com

[1] Parliamentary Gazette of Mexico City, March 4, 2025, pp. 674—707. Available in: https://www.congresocdmx.gob.mx/media/documentos/bcccdae88dbcd5a7fa931f5107b08158dce2b11b.pdf

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