Since 2018, with the enactment of the Law to Regulate Financial Technology Institutions (commonly known as the "Fintech Law"), which aimed to establish the foundation of a legal framework for such institutions and provide them with legal certainty, no substantial changes had been made in the tax sphere for these entities.

This legal framework gave Financial Technology Institutions (FTIs) a formal place within the legal environment. However, until now, there had been no signs as to when a dedicated tax regulatory framework would be implemented for them.

As a result of the absence of a specific tax framework for these FTIs, they have operated under the general tax regime, like any company conducting business in Mexico. Although some specific obligations already existed, these institutions have received a differentiated tax treatment compared to traditional financial institutions under the Income Tax Law and the Value-Added Tax Law—a situation that could change drastically.

This is especially relevant since, on September 8, 2025, the Ministry of Finance and Public Credit (SHCP) presented the 2026 Economic Package, which includes proposals such as tax changes, new levies, increased powers for the Tax Administration Service (SAT), and adjustments in key sectors, including digital platforms and Fintechs.

This initiative intends to lay the groundwork for tax oversight of these FTIs—both Crowdfunding Institutions (IFC) and Electronic Payment Funds Institutions (IFPE). These changes are primarily based on the General Economic Policy Guidelines included in the package, as well as in the Revenue Law and proposed tax reforms for 2026. A summary of the main proposals includes:

• Income Tax (ISR) and VAT Withholding: FTIs would be required to withhold and remit ISR (20%*) and VAT (16%) on transactions in which they act as intermediaries, and to issue corresponding tax receipts.
• Temporary Suspension of Digital Certificates: The inclusion of "account statements" issued by FTIs would be added to SAT's revenue review processes. Any discrepancies between these statements and what is declared could trigger the suspension of the taxpayer's Digital Seal Certificates (CSD).
• Home and Desk Audits: Account statements issued by FTIs would be incorporated into the scope of documentation reviewed during on-site audits and desk reviews by SAT—previously limited to those issued by traditional banking institutions.
• Presumptive Income: Any unreported income identified by SAT in account statements issued by FTIs would now be considered presumptive income, not just that found in traditional bank statements.

These changes are intended to close tax evasion loopholes in a context where Fintechs and other non-traditional financial intermediaries are gaining ground in the financial services market.

Going forward, it will be essential to closely monitor the developments and legislative discussions in both chambers of Congress until the official publication of these reforms.

J.A. DEL RÍO offers a wide array of specialized consulting services to assist you with these and other matters, in order to ensure that your project complies with the applicable characteristics  contained in this agreement.

If you have any questions, J.A. DEL RÍO can provide you with our experts to advise in matters concerning compliance with your legal and tax obligations. Once again, please let us know if we may be of any further assistance to you at: contacto@jadelrio.com.