After obtaining your RFC and e.signature, the next step is to choose your tax regime. This decision will determine how you pay taxes, what obligations you have, and how you invoice your clients.
In this article, I explain the main tax regimes in Mexico, how to choose the right one for your business, and the requirements to invoice correctly before the SAT.
📌 What is a Tax Regime?
The tax regime is the classification that the SAT assigns to each taxpayer according to their economic activity. It defines:
- How to calculate and pay taxes
- What tax obligations you must fulfill
- What type of invoices you can issue
- What deductions are allowed
⚠️ Important: Choosing the wrong regime can result in fines, surcharges, and problems with the SAT.
🧾 Main Tax Regimes for Individuals
In Mexico, individuals can be taxed under different regimes depending on their activity. The most common are:
1. RESICO (Simplified Trust Regime)
Created to simplify tax payments for small taxpayers.
| Feature | Description |
|---|---|
| Who can apply? | Individuals with annual income under $3.5 million pesos |
| ISR rate | 1% to 2.5% based on income |
| VAT | Paid normally (8% or 16%) |
| Deductions | Not applicable (except returns) |
| Invoicing | Mandatory for all income |
Advantages:
- Very low ISR rates
- Simplified procedures
- No need for complex accounting
Disadvantages:
- You cannot deduct expenses
- You cannot be in RESICO if you are a partner in a company
💡 Ideal for: Freelancers, small merchants, independent professionals who don’t need to deduct expenses.
2. Business and Professional Activity
The traditional regime for individuals who carry out business activities or provide professional services.
| Feature | Description |
|---|---|
| Who can apply? | Any individual with business or professional activity |
| ISR rate | Progressive: 1.92% to 35% based on income |
| VAT | Paid normally (8% or 16%) |
| Deductions | Yes (expenses necessary for the activity) |
| Invoicing | Mandatory for all income |
Advantages:
- You can deduct operating expenses
- More flexibility for businesses with significant costs
Disadvantages:
- Higher ISR rates
- Greater administrative burden
💡 Ideal for: Businesses with significant operating expenses, professionals who need to deduct investments.
3. Salaries and Wages (Employees)
For people who work under a subordinate employment relationship.
| Feature | Description |
|---|---|
| Who can apply? | Employees with an employer registered with IMSS |
| ISR rate | Withheld by employer (progressive scale) |
| VAT | Not applicable (employer transfers it) |
| Deductions | Limited (medical expenses, educational, etc.) |
| Invoicing | Not mandatory (employer issues payroll receipts) |
💡 Ideal for: People who work as employees and have no additional business activities.
4. Leasing
For people who receive income from renting real estate.
| Feature | Description |
|---|---|
| Who can apply? | Property owners who rent out properties |
| ISR rate | 25% on profit (with option to pay on gross income) |
| VAT | Applies to commercial rentals (not residential) |
| Deductions | Maintenance, property tax, insurance, etc. |
💡 Ideal for: Property owners who rent apartments, commercial spaces, or land.
🧾 Main Regimes for Legal Entities
If you incorporated a company as a legal entity, the main regimes are:
1. General Regime
The standard regime for commercial companies.
| Feature | Description |
|---|---|
| ISR rate | 30% on tax profit |
| VAT | 16% (8% in border region) |
| Deductions | Expenses necessary for the activity |
| Invoicing | Mandatory for all income |
💡 Applies to: S. de R.L., S.A. de C.V., S.A.P.I., and other legal entities.
2. RESICO for Legal Entities
Simplified version for small and medium enterprises.
| Feature | Description |
|---|---|
| Requirements | Income under $35 million pesos annually, maximum 10 partners |
| ISR rate | 30% on tax profit |
| Benefits | Preferential ISR rates in early years, simplified procedures |
💡 Ideal for: SMEs that meet size and partner number requirements.
📊 How to Choose Your Tax Regime?
| Your Situation | Recommended Regime |
|---|---|
| Freelancer or independent professional with low expenses | RESICO |
| Business with significant operating expenses | Business and Professional Activity |
| Employee with no additional activities | Salaries and Wages |
| Property rental income | Leasing |
| Incorporated company | General Regime or RESICO for Legal Entities |
💡 Consult with an accountant before choosing, as each case is unique.
📋 Invoicing in Mexico (CFDI)
Electronic invoicing (CFDI) is the mandatory way to record income and expenses before the SAT.
What do you need to invoice?
- Active RFC with the correct tax regime
- e.signature to sign your invoices
- Invoicing system authorized by the SAT
- Password or certificate to access the SAT portal
⚠️ Correct invoicing is mandatory. Invoices must be issued no later than the day of the transaction.
🧾 Types of Invoices (CFDI)
| Type | Use | Example |
|---|---|---|
| Income | To charge clients | Product sales, professional services |
| Expenses | To record deductible expenses | Purchase of supplies, rent, services |
| Payroll | To record employee payments | Salaries, wages, benefits |
| Transfer | For transfers between own accounts | Transfers between companies owned by same person |
| Payment | To complement income invoices | When receiving deferred payment |
📝 Steps to Invoice Correctly
1. Verify the recipient’s data
Ensure RFC, CFDI purpose, and legal name are correct.
2. Generate the invoice in your authorized system
Fill in client data, products or services, and amounts.
3. Sign with your e.signature or password
The invoice must be electronically signed.
4. Send the XML and PDF to the client
The client needs the XML file to deduct.
5. Keep a backup copy
Save your invoices for at least 5 years.
💡 If you invoice with errors, you can issue complement invoices or cancel within the established deadlines.
⏱️ Important Deadlines
| Obligation | Deadline |
|---|---|
| Monthly declaration | No later than the 17th of the following month |
| Annual declaration (individuals) | April of the following year |
| Annual declaration (legal entities) | March of the following year |
| Invoicing income | No later than the day of the transaction |
| Canceling invoices | Up to 72 hours after issuance (or less for some CFDIs) |
⚠️ Consequences of Not Invoicing or Invoicing Incorrectly
- Fines from the SAT for omission of invoicing
- Surcharges and interest for late payments
- Inability to deduct expenses
- Problems with clients who require invoices
- Risk of audit due to inconsistencies
⚠️ Fines can range from a few thousand to tens of thousands of pesos.
🔄 Relationship with Other Procedures
The tax regime and invoicing relate to:
- RFC and e.signature: Base for any tax procedure
- Business incorporation: Defines whether you are an individual or legal entity
- Operating license: Requirement to operate formally
- Contracts: Invoicing as agreed
💡 Keep all your procedures up to date to invoice without problems.
📚 Useful Internal Links
- RFC: Guide to Obtain Your Federal Taxpayer Registry
- e.signature: Advanced Electronic Signature
- Business Incorporation in Mexico
- Legal Procedures to Register Your Business
✅ Conclusion
Choosing the correct tax regime and invoicing properly is essential to operate legally and avoid problems with the SAT.
Remember:
- Evaluate your activity and consult with an accountant before choosing a regime
- Invoice all your transactions within the established deadlines
- Save your invoices and declarations for at least 5 years
- Keep your e.signature and RFC updated
A tax-responsible business is a business with a future. Regularize your tax situation from the start.
