VAT tax in Mexico

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VAT tax in Mexico

I have 2 separate questions regarding the VAT taxes collected by Airbnb on the rentals of my Mexican property:

 

1) As I host, I must pay VAT tax on the hosting fee which I pay to Airbnb.  I understand and accept that. Airbnb sends me an invoice/receipt which shows the fee and the VAT tax which they charged me.  However, my Mexican accountant just told me that since my RFC number does not appear on this receipt, the receipt will not be accepted by the Mexican tax authorities.  How can I get a receipt with my RFC number on it?

 

2) As a guest, my guests are supposedly charged and pay to Airbnb a 16% VAT tax for Mexico.  My accountant advises me that I should get a print-out of all RFC taxes paid for my property or I will be liable to pay them again when the tax authorities see my income.  How do I get proof of VAT taxes paid on my property rentals?

 

1 Best Answer

I believe your accountant is misinformed. Airbnb and the Mexican tax dept. are co-ordinated on this. Airbnb is submitting the IVA for all bookings to The Mexican tax authority. As in other places where Airbnb collects the VAT, they don't submit it individually for each hosting account- they send a lump sum for all bookings, although I have no idea how often they do that.

 

I've yet to deal with this first hand myself, as my home-share listing has been closed since March due to COVID, but I did submit my RFC# to Airbnb.

@Peter-and-Wendy2

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76 Replies 76

I'm all in with the problems reported by @Peter-and-Wendy2  and @Daniel433

 

After speaking or emailing with 4 different Airbnb  Associates, two of whom were to be experts in Airbnb rentals in Mexico, I still do not have any answers.  Here, however, is what I have gleaned regarding my situation,  but am unable to get a confirm from Airbnb.

 

Here is the background:  I have Mexican government issued residency but identify the US as my COR for tax purposes on the platforms.   All of my Airbnb and Vrbo rental income from my property in Jalisco is deposited into my US bank account.

 

I ensure that guests are always charged the correct amount of taxes --which is 16% sales tax (IVA) and 3% hotel/transient occupancy tax for the state of Jalisco (ISH)--this is being done by both Airbnb and Vrbo.   So far, so good.

 

Both platforms are also supposed to withhold a portion of my payments as income tax (ISR).   Vrbo autmoatically does this, Airbnb does not.  I cannot get any answer as to why they don't.  But I know from my Mexican accountant's filing of my 2021 Mexican taxes that he had me  pay the appropriate amount of income tax (I only had one month of rental income in 2021) so i should be in good stead with Mexican IRS (SAT) for 2021.

 

For 2021, my US accountant then factored in all of the US allowed deductions, and included all of the expenses (including Mexican taxes) as well as the income from the Mexican property.  No worries friends, you will not be double taxed as @Sarah977 indicated.  In fact, I had some nice write-offs on my US taxes (such as depreciation) that are not authorized under the Mexican tax system.

 

In addition to the monthly income tax (ISH) withholding, VRBO also makes the ISR and 8% of the IVA payments directly to SAT.  Vrbo passes on the remaining 8% IVA to me to pay SAT.  They allow this differential to accommodate hosts that may have cancellations after payments have already been made.  Since the Mexican government collects the IVA in the month that guests pay, if a guest cancels the next month but before their stay, this gives the host wriggle room to reconcile over-payments or underpayments in their monthly payment to SAT.  Vrbo then sends me the "factura" (invoice) that they also send to SAT monthly which identifies all the income, expenses, payouts to me as a host and to SAT.  They do this in the digital format that SAT requires.  My accountant must submit this copy of the factura when he submits my monthly accounting to SAT.

 

In my case, Airbnb does things a completely different way which we all know on this thread is very frustrating and incorrect.   We know this because our Mexican accountants are telling us they are getting pushback from SAT.  Here's how Airbnb processes taxes for my property.  Airbnb collects the 16% and the 3% taxes from the guest and they pass all of that on to me to pay SAT directly.  Then my Mexican accountant does the monthly reconciliation and I make all three tax payments to SAT including the income withholding (ISR) that Airbnb is not withholding.  Airbnb also does not provide me with a monthly digitally compliant factura with the information that SAT requirers and THAT IS A BIG PROBLEM.  I do not know how much longer SAT will take my tax payments without also submitting the factura from Airbnb they require but which Airbnb does not provide me.

 

I do not want to go into the considerable dissatisfaction I have with all of the polite and gentle "non-answers" I received from all of the Airbnb staff I spoke to but suffice to say, Airbnb needs to address this situation.  Clear and fully tax compliant Airbnb policies and processes need to be developed, executed and satisfactorily explained to hosts in writing.

 

PLEASE Airbnb, get your act together on this. 🙏🏻

 

 

Oh  and by the way, here is an official Airbnb link that explains a completely different tax collection, dissemination and host reporting system in Mexico--which is exactly what my accountant tells me needs to be done.  You will not find this information in English on the Airbnb website no matter how long you search.

 

It is only available in Spanish.  It appears that Airbnb is differentiating their policies based on whether a host is a Mexican national or not. My accountant told me there is no exemption for foreigners--everyone must comply with the SAT standards.

 

Again, the link is in Spanish, but once you get to the site, your browser should have a translate option.  https://recursosfiscalesairbnb.com/?_ga=2.106714880.2017724342.1651503419-1795999867.1649091604

 

I think you will find that Airbnb does know how to effectively develop, implement and explain to hosts their policies and systems to comply with  Mexican tax law--but only for Mexican nationals? Spanish speakers? Hosts that identify Mexico as their COR?  Hosts that deposit their income in Mexican bank accounts?    I have no idea because in more than 10 conversations with Airbnb staff, not one would directly answer any questions I had and no one could tell me why the options available to hosts on the Spanish language site are not available to me as a host on the US based hosting site.

 

But, hey, kudos to the Airbnb team that put together the Spanish language tax process--if it's being implemented as described, it's beautifully done!!   Wish it were applied across the board so we could all be assured of compliance with Mexican tax law.

Thanks Catherine,

We will check this out.

Pete & Wendy

Catherine,

And, by the way, the link you included above is most excellent!  After just a quick glimpse, it offers more information and spells out the tax process better than anything I've read before.  Thanks so much!  Best of luck going forward!

Pete & Wendy

Once I got my RFC uploaded to AirBnb, I saw that the guest was being charged the 16% ISA/VAT automatically as part of the guest fees.  When I download the spreadsheet from AirBnb transaction list, I also see that they withheld the VAT and 4% income tax.  

Logging into Facturify to get withholding certificate. My Mexican tax accountant figured this out. He spoke with both AirBnb support and SAT. He has other clients who show two documents in Facturify.  One document under International, and the other document under the regular section which he likes to call Domestic, although there is no section labeled Domestic.  For those clients who have the same withholding certificate under both sections, that data is automatically transmitted to SAT. This is what your Mexican accountants are used to.  

However, my withholding certificate was only under the International section.  Therefore, my withholding certificate is not automatically transmitted to SAT. I am guessing this happens because I have the money sent to a US bank in USD, which is totally legal.  However, this means that my Mexican accountant needs to download the .pdf’s from the International section and manually enter it into my account with SAT to receive credit for the withholding.

 

If you don’t have a Mexican tax ID, I don’t think you will be able to log into Facturify to obtain your tax withholding certificate. 

Hope this helps at least some of you. The problem is the complexity involved here.  It is huge. 

I appreciate your additional information and have given my accountant the Facturify forms that I've received from Airbnb and the "other one".  I just have not gotten the sense from my accountant that it is enough.  Maybe I'm premature on this. I'm still waiting for him to have to file tax returns for me.  My understanding is that he has not had to do so to this point because we have not made enough income to have to pay income tax in Mexico. Even though I've been on the renting platforms since the end of 2019, we have still not had enough rentals through the platforms due to the covid interruption.  Most of our bookings are from referrals and returns.  Thank you Sarah for your inputs.  You do seem to have a better handle on all of this than we do.

@Peter-and-Wendy2  Your earnings on rentals absolutely have to be reported monthly, not yearly, no matter how much you make. And the lodging tax paid on it.  There also has to be a yearly filing, just to make sure you don't owe anything that wasn't paid on the monthly filings.

 

It sounds like your accountant may be misinformed. (Or mine is, but she deals with lots of Airbnbs)

 

I have been closed to bookings since March 2020 due to Covid, and am just getting back into it now, which is why I am in the process of figuring it out.

 

I have always done the tax filing myself on my upholstery business, but the Airbnb stuff is more complex than I want to deal with, which is why I just hired an accountant.

I misspoke if I worded my comments on when my accountant files.  I know that he files my income monthly in Mexico and pays taxes due but I was under the impression that there would be a be a yearly re-cap in MX similar to the yearly filing in the US to the IRS.  And it would be from this yearly filing in MX that I would get my total taxes paid in MX to deduct from my U.S. yearly filing.  From what you’ve said, can I just keep running a tally on what I pay Mexico monthly in a given year, for example my total for 2021, and then give that total amount paid in Mexico for 2021 to my US accountant to deduct from my U.S. 2021 yearly tax filing which he’s preparing now?  

@Peter-and-Wendy2  That I couldn't tell you. But I don't quite understand why the end of the year filing from Mexico wouldn't be all you would need for your US taxes. Why would you need it monthly? 

 

I guess that's a question to ask your US accountant, whether you can give him the 12 monthly filings rather than the one yearly one.

 

 

Sorry for not being clear.  I did not get an end of year filing summary from my MX accountant.  Should I have and if so, should it be based on calendar year as it is in the U.S.?

@Peter-and-Wendy2  Yes, you should have gotten an end of year statement from the accountant, and yes, SAT operates on a calendar year basis- January 1st to Dec. 31st.

Thanks much.  I will then question my accountant why not?  I appreciate you taking your time to share what you know.  I well report back for other’s benefits what my accountant’s answer is.  

@Peter-and-Wendy2  Yes, do. I'm interested to hear all the information others are getting from their accountants and Airbnb.

So, Sarah, even though I assumed my Mexican accountant knew his way around Mexican/U.S. taxes, after further discussion with him I don't believe him to be any more knowledgeable about it than I was.   That is, that the U.S. will tax me on all of my Mexican income if I don't show proof that I've already paid taxes on it in Mexico.   The good news for 2021 is that I had more expenses than income in Mexico so I will not pay any taxes in MX.  The down-side (if you can call it that) is that I will have a tax bite on my Mexican income when filing my 2021 taxes in the U.S.  But that's OK for that year as I mentioned, MOST of my income had been through referrals and not through sites which withhold and submit income.  In the future though, I will be raising my rental rates on rental sites to cover my tax bite.  Thanks for your information.  I am getting a better handle on all of this little by little.  I still have to clear up another dilemma with the "other site" which claims it paid 1/2 (8%) of the IVA tax for my guests and that I'm responsible to pay the other 1/2 (8%).  Something screwy there but that's for another day!  Be well!

 

Tom3416
Level 2
Sunnyvale, CA

So I have a question hopefully someone has a good accountant in mexico that knows the correct answer, on my payouts they deduct a withholding tax which just started in jan because of the new irs rules and i'm ok with that since im getting an rfc and will be living in mexico but the question i have is they show a VAT as an addition and then subtracted on the same payout and cancels each other out is that because the guests pay the VAT , i dont want to find out that i should have been submitting this all along