Far from promoting formalization, the reform of the Federal Tax Code, which includes article 30-B and new tax withholdings, threatens to generate a massive setback in the digital economy, stated the Mexican Institute of Finance Executives (IMEF).
The organization stated in a statement that although the objective of strengthening collection is legitimate, the design of the reform generates technical, economic and legal concerns that must be addressed urgently, putting the viability and sustainability of the digital sector at risk.
He explained that electronic commerce represents 6.4% of the national GDP and supports more than one million SMEs, and that imposing withholdings of 2.5% of ISR and 8% of VAT on gross income, without considering operating margins or cost structure, puts the liquidity, formalization and sustainability of this sector at risk.
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He exemplified that a company with monthly sales of 500 thousand pesos and a net margin of 3% would have a profit of 15 thousand pesos, but under the new scheme it would pay 52,500 pesos in withholdings, generating an unsustainable financial gap: “This distortion would affect liquidity, increase the administrative burden and discourage digitalization and formalization.”
He added that in retail trade, net margins range between 2% and 5%, and under the new scheme, withholdings would exceed net profits by more than three times, forcing companies to finance operations through debt and accumulating credit balances that take months to recover.
However, this effect will not be limited to SMEs, as global platforms will face “million-dollar costs” to adapt their systems, which could discourage foreign direct investment in digital technologies, which in 2024 exceeded $20 billion.
“The reform, far from promoting formalization, threatens to generate a massive setback in the digital economy,” stated the IMEF.
Technological and digital governance risks
The organization warned that the obligation of permanent interconnection between government and private systems, derived from real-time access to digital platforms, introduces critical vulnerabilities.
He recalled that Mexico has faced serious cybersecurity incidents in the SAT and IMSS, and warned that repeating these errors in a real-time access environment would amplify the risks exponentially, compromising the integrity of the platforms and the sensitive data of millions of users.
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Furthermore, the IMEF asserted that there is a lack of judicial safeguards and control mechanisms that guarantee proportionality and legality.
Unrestricted access to private systems without a court order, he stated, contravenes constitutional principles and international standards such as the European Union’s GDPR, the United States’ CCPA, and the OECD and APEC frameworks.
“No advanced economy allows permanent access to private systems without judicial control,” he emphasized.
International comparison
The IMEF explained that the world’s main economies have sought to control the digital economy without affecting innovation or violating rights.
In France, for example, a 3% tax is applied on digital income supplemented by audits, while in the United States authorities require court orders to access private data.
“Mexico, in contrast, proposes invasive measures that generate regulatory uncertainty and erode market confidence,” he said.
The IMEF proposed incorporating an economic impact assessment, cybersecurity protocols and proportional mechanisms aligned with international standards, and designing differentiated schemes by business size, avoiding disproportionate burdens for startups and SMEs.
He also suggested convening a legislative forum with the participation of young entrepreneurs, tax specialists and representatives of the digital ecosystem, to build joint solutions that strengthen oversight without sacrificing innovation.
The IMEF is a civil association that brings together members of the Mexican financial sector, and has at least 1,200 associates, including presidents, general directors, financial directors, executive directors, independent professionals and academic directors.
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