The Proposed Tax Measures and Their Impact
For years, the crowdfunding sector has advocated for clear fiscal rules from the Secretariat of Finance. Now, with a proposal included in the 2026 Economic Package, this demand seems to be met, but in a way that could affect the industry. According to sector players, the proposed measures create an uneven playing field compared to the rest of the financial system and would particularly harm real estate crowdfunding firms.
The Federal Income Tax Law proposal mandates crowdfunding finance institutions to withhold and remit 20% income tax on generated interest. However, for the rest of the financial system, the proposal sets a rate of 0.90%. This translates to an unfair burden and unequal treatment for crowdfunding firms, according to sector players.
Perspective from Briq.mx
Alberto Padilla, co-founder of Briq.mx, a real estate crowdfunding firm, expressed concern over the proposal. He stated that his company has been applying these withholdings and providing tax documents to investors for a decade. Padilla noted that larger crowdfunding firms, accounting for about 60% of the market, have already implemented these withholdings. However, the proposed economic package offers no advantages for their investors.
“It won’t significantly impact around 70-80% of the industry because they’ve already been doing it, but it will hinder progress and keep us stagnant,” Padilla emphasized.
Additional Challenges
Beyond the proposed tax measures, Padilla highlighted another regulatory gap: the limits on funding these platforms can provide.
Currently, real estate crowdfunding firms can fund projects up to 14.2 million pesos (1.67 million Udis) and can request permission to increase this amount up to 57.3 million pesos (6.7 million Udis) from the National Banking and Securities Commission. Padilla believes these limits are outdated given the evolution of crowdfunding, with some projects requiring at least three times the funding allowed by law.
Unfair Competition
Another challenge is competition from unregulated platforms offering the same model but outside the law. Padilla warned that these firms attract investors without proper controls and can allocate more resources to marketing, gaining market share.
“I spend millions on regulatory compliance annually, while they dedicate those resources to marketing. When unregulated firms fail, it negatively impacts the reputation of compliant firms,” Padilla explained.
Projected Growth Amidst Challenges
Despite these challenges, Briq.mx anticipates a 15% annual growth in 2025, driven by the decrease in interest rates and increased demand for alternative investment products like real estate crowdfunding.
Key Questions and Answers
- What are the proposed tax measures? Crowdfunding finance institutions must withhold and remit 20% income tax on generated interest, while the rest of the financial system faces a 0.90% rate.
- How do these measures affect real estate crowdfunding firms? Sector players argue these measures create an uneven playing field and impose an unfair burden compared to traditional financial institutions.
- What other challenges does the crowdfunding sector face? There are regulatory gaps regarding funding limits and unfair competition from unregulated platforms offering similar services.
- How is the real estate crowdfunding sector projected to grow? Despite challenges, Briq.mx anticipates a 15% annual growth in 2025, driven by decreased interest rates and increased demand for alternative investment products.
