Historically, the tax ruling in Mexico has guaranteed the cooperation between taxpayers and tax authorities. Conversely, the increasing complexity of international operations and the implementation of OECD guidelines have intensified scrutiny of Transfer Pricing.
Hence, the IMCP (Instituto Mexicano de Contadores Públicos – Mexican Institute of Public Accountants), through its Transfer Pricing Commission, periodically issues technical bulletins to standardize review criteria. Bulletin No. 44/2025-2026 details the auditor’s responsibilities and ensures that the information reported is technically and legally sound.
Technical Information: Recommendations of Bulletin 44/2025-2026
The IMCP establishes specific guidelines when reviewing Transfer Pricing studies associated with the issuance of a tax opinion. The following are the technical pillars of this regulation:
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Delimitationof Responsibilities and Technical Competence
The bulletin formally acknowledges that the C.P.I. (Contador Público Inscrito – Certified Public Accountant) is not, by definition, a Transfer Pricing specialist. Therefore, the regulations distinguish between:
- The Auditor (C.P.I.): Responsible for verifying formal compliance and reasonableness in accounts.
- The Specialist: In charge of technical and economic preparation of documentation. This difference requires the tax ruling to identify the advisor or elaborator through its RFC (Registro Federal de Contribuyentes – Federal Taxpayer Registry) number.
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SubstantiveRequirementsof the Review
To validate a study under IMCP and income tax standards, the auditor must verify the following:
- FAR Analysis: The report must contain a detailed analysis of functions, assets, and risks.
- Methodology and Comparability: Verification of the selected method’s compliance with the legal hierarchy and the proper justification for the use of comparable companies.
- Consistency of Figures: Critical point. The figures in the study must be identical to those recorded in the accounting records, appendices to the ruling, and information statements. Any discrepancy indicates a potential tax liability.
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InformationManagement and Use of Comparables
The bulletin emphasizes the importance of using the “best available information,” recommending:
- Prioritizing data from comparable companies corresponding to the fiscal reporting year.
- In the absence of readily available public information, the most recent data should be used to ensure timely filing and avoid delays in submitting results to the tax authority.
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Expansionof the Scope of Taxpayers
A significant regulatory change mentioned in the bulletin is the inclusion of micro, small, and medium-sized enterprises within the scope of taxpayers. Those related parties of taxpayers subject to tax rulings must now file the local information statement, regardless of their operational size.
The proper application of Bulletin 44/2025-2026 recommendations not only reduces penalty risks but also enhances the legal security of companies. The tax ruling must correspond to an administrative process to be considered a transparent exercise that validates the economic substance of intragroup transactions.
TPC Group has a highly specialized team to assist your company in complying with regional regulations. Our global experience provides comprehensive solutions in preparing technical documentation and comparability analyses, thus ensuring that your intercompany transactions comply with the highest international standards.
Source: IMCP