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Mexican Withholding Tax on Upwork Earnings

lenaellis
Community Member

[Updated March 2023] We would like to update you that we are working with our vendor to have the CFDIs sent out automatically. We hope that this will be functional within the next 2 months and will allow us to provide CFDIs to our Mexican freelancers on a monthly basis. We are continuing to send out any remaining CFDIs that have not been sent out for the last quarter of 2022 as we are aware of the income tax return due date of April 30. We appreciate your continued patience.

 

 

[Updated June 2022] We apologize for the current situation in which CFDIs have not been able to be fully provided  under your name. We are in the process of digitally stamping the CFDIs and we have increased our efforts during the month of June 2022 in order to be able to finalize additional processes and send you the pending documentation as soon as possible.

It is important to mention that any sanction that the tax authority could impose for the non-issuance of a receipt for withholding and payment will not fall on the recipients (i.e. users of the Upwork platform). We understand that at this time you have not been able to prove the calculation of withholdings on your taxes, however, we will notify you as soon as the receipts are issued so that the withholdings may be used by you.

 

[Updated April 2022] We thank you for your patience. As of today, we are able to issue CFDIs for most of the transactions in Mexico and have begun processing all calendar year 2021 transactions. We will email your CFDIs in the coming weeks, but if you need to request that we expedite the process, please submit your request to support@upwork.com and we will send you your CFDIs as soon as we can. 

 

The email with your CFDIs will come from Reachcore (servicioalcliente@reachcore.com). Please add this email to your safe sender list to avoid this email being filtered as spam. The  subject of the email will be “Envío de comprobante fiscal”. In some cases, the email will come from tax@upwork.com.

 

We thank you again for your patience and please do not hesitate to reach out to us if you have any questions.

 

[Updated February 2022] We would like to take this opportunity to update you on the latest status of issuing CFDIs in Mexico. As you are aware, Upwork began income withholding in 2021. However, there was a delay in our registration process due to the complexities of a non-resident entity obtaining tax registration in Mexico. That being said, we successfully registered for tax registration in Mexico at the end of 2021. 

 

Now that we’re registered, we've worked tirelessly to issue CFDIs for income withholding that we have made. We were in discussion with one "Proveedores Autorizados de Certificación" (PAC) vendor, but due to the vendor's inability to meet our high data protection requirements, we made a difficult decision to move in a different direction. As much as we want to issue CFDIs ASAP, our user's data privacy is our primary priority and therefore we want to work with the right vendor who maintains high standards of securing our users’ data. A few weeks ago, we entered into a contract with a different PAC vendor and we are currently working through testing of our integrations. Once completed, we hope to issue the CFDIs shortly thereafter.

 

We are aware of the income tax return due date of April 30th, and we will provide an additional update as soon as we have a clear timeline of delivering CFDIs to you. We are working tirelessly to get this done within a reasonable timeframe, and appreciate your continued patience. 



 

[Original Product Release] Upwork has begun withholding income tax from payments to freelancers and agencies based in Mexico as part of the tax law enforced by the Mexican government which became effective June 1, 2020 and was modified effective January 1, 2021 (the Resolución Miscelánea Fiscal). This law requires businesses like us to collect income tax on the earnings of service providers who are based in Mexico, such as freelancers and agencies who use Upwork.

 

As part of our continued efforts to remain compliant with tax laws in Mexico, we are asking that freelancers and agencies based in Mexico provide their Clave en el Registro Federal de Contribuyentes, Income Tax Identification number (RFC) in their Tax Infosection under “Settings”

 

By providing a valid RFC number you are subject to significantly lower tax withholding.

  • If you provide a valid RFC number we will withhold 1% of all your Upwork earnings, starting with all payments made on or after April 6, 2021. 

 

  • If you don’t provide a valid RFC number we will withhold 20% of all your Upwork earnings, starting with all payments made on or after April 6, 2021. 

 

This withholding is required by Mexican law and all funds withheld will be passed to the Mexican government. You will be able to claim a tax credit or refund from the Mexican government should you pay more taxes than required.  


We also want to give you a heads up that the same legislation included adding a Valued Added Tax (VAT) on digital services. Upwork is required to collect VAT on its fees charged to users in Mexico. We have begun configuring our system to be able to collect VAT, and we will let you know when we have a target date to start collection. 

 

For additional information see our Help center article and for questions about withholdings and how this applies to you, we suggest you contact a trusted tax advisor. We cannot provide tax advice.

309 Comments
alexletayf
Community Member

I really hope your accountant friend registered in RIF program, it's much cheaper and 100% with being a freelancer and you would pay really low taxes.

 

I read many of your comments on this post and I hope you have clarified a lot of things with your accountant. Even before this change, as Mexicans we were obligated to report Upwork revenue as income and pay taxes on it. If you haven't been paying taxes before this you where by all means, outside of the law and could potentially have been fined for that if the government analyzed your bank accounts and saw undeclared earnings.

alexletayf
Community Member

Thanks Jorge, 

 

I am glad someone is being sensible about this. I see other freelancers bombarding community managers with the same questions. To me it is pretty obvious, like you said: Upwork is going to open a legal entity in the country, charge a VAT on it's services to us, make that VAT deductible from the IVA we pay, and hopefully one day, (I think we have a different view point on this), Upwork will issue an electronic invoice compliant with CFDi 3.3 for the commission it keeps, so we can make both the commision deductible form Income Tax and the VAT from our IVA tax.

 

I have always declared my income through generating an electronic invoice to the generic RFC for General Public in US, now I'll just change it to upwork when they make their RFC available so no biggie. To people who already pay taxes, this is GOOD, we will pay LESS taxes, and have a legal basis for deduction. It only sucks if you used to think that because your clients were foreigners you weren't obliged to pay Income Tax (which you were unless you payed it elsewhere and that elsewhere had a non double tribute international agreement with Mexico and you complied with every requirement). 

 

To the people advising Upwork you should know that when it comes to international law, huge companies, international tax accords, constituing a legal entity in Mexico as a foreing company... asking your local friendly accountant is not really relevant to them. I am pretty sure they hired a top prestige law and accounting firm with tax experts and everything and their insigth is going to be way better than whatever you might tell them. Also, the Mexican government actually enters discussions and makes special agreements with companies like Uber, Amazon, and of course, Upwork. So stop being such drama queens. 

ms62979
Community Member

Why UPWORK is witholding the tax 1%/ 20% already for 3 weeks when it doesn´t have the RFC? Can´t UPWORK just wait to have the RFC and then start witholdingn the fee, when it corresponds? 

aranza6912
Community Member

I'm not sure why you're saying we'll be paying less. I was RIF and will pay way more now. $600 a month this year vs around $11,000 a month, If you were already paying taxes as persona física con actividad empresarial or had something other than RIF, then for you it will be about the same. We're not paying "LESS" taxes, they will withhold 1% income tax but you do understand that we still need to file a "declaración mensual" and "declaración anual" with the regular tax brackets so you will end up paying about the same as if you were a business (if you earn over 300,000 mxn a year). If that's the case, sure! No biggie, although you just said that you were issuing it to the general public in the US so you were likely not paying IVA. You will now even though according to LIVA you're not supposed to. Uber drivers need to pay IVA because they're driving in Mexico for Mexican customers, here we're not serving Mexican clients, we're exporting our services. 

I don't believe people thought they were not paying income tax because their clients were not Mexican, but we were not paying VAT due to that reason and now we will. No one is being a drama queen here, but if they're withholding they should at least provide the RFC so we can switch regimes to Plataformas Tecnologicas, otherwise, we're not in compliance with the law and Upwork is not going to help me pay my fines if SAT decides I'm not doing things correctly because of them.

For me, the first declaración mensual under Plataformas Tecnologicas is supposed to be filed by May 17th for my April earnings and I don't have Upwork's RFC so sorry for "freaking out."

alexletayf
Community Member

SAT understands this is a transition period, so don't worry if you don't have the UPWORK RFC, just use the generic, SAT has way bigger fish to fry. 

jarankowsky
Community Member

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esamuel08
Community Member

Exactly, if they can't even provide an RFC how are they witholding tax and how am I supposed to prove that to SAT. It feels like they're just gonna keep the money, at least initialy.

lauragomez72
Community Member

Thanks for the information.

 

Are you going to let us know when will we be able to see those new statements (monthly digital invoices with the tax retention, RFC from upwork, etc)  in the platform?...Thanks in advance!

 

 

kuts-mariia
Community Member
Hi community

Do we have any update regarding this issue as we need to make a declaration soon.

Thanks!
alexletayf
Community Member

Let's hope we do get an update soon!