Overview of the Miscellanea Fiscal for 2026
The Mexican Senate has approved the Miscellanea Fiscal for 2026, which includes increased taxes on tobacco and soft drinks, levies on violent video games, light beverages, and zero-calorie drinks. The legislation also grants more powers to the tax authority to combat false billing practices and raises migration and museum fees. The Senate still needs to discuss the Federal Income Law (LIF) 2026, which must be approved by October 31.
Key Points of the Approved Reforms
- Tax Increases: The approved reforms aim to generate over 10.1 billion pesos in revenue, with 1.75 billion pesos coming from domestic debt and 15.5 billion USD from external credit.
- Historical Tax Revenue: The government anticipates a record-breaking tax revenue of 5.8 billion pesos, a 6.5% increase from this year’s approved amount.
- Petroleum Sector: The sector is expected to contribute 1.2 billion pesos, a 1.9% annual growth.
- Government Entities and Companies: These are expected to contribute 1.2 billion pesos, a 1.2% annual growth.
Expanded Powers and “Spy Law” Concerns
The reforms in the Federal Tax Code (CFF) allow the tax authority to deny registration in the RFC for businesses if any partners or representatives are involved in false billing practices. The tax authority can now request real-time user information from digital platforms.
- Criticism: Senator Luis Donaldo Colosio from Movimiento Ciudadano argued that these changes open the door to unlimited surveillance, administrative censorship, and digital insecurity affecting millions of users.
- Inconstitutionality Claim: Priista Claudia Edit Anaya called the CFF dictamen inconstitutional and requested a motion to reconsider it.
- Espionage Accusation: Panista Imelda San Miguel Sánchez described the granted powers as excessive, enabling mass surveillance of Mexicans under a “spy law”.
Lack of Transparency in Migratory Resources
During the discussion on the Federal Rights Law, Panista Mayuli Latifa Martínez criticized the lack of transparency in resources obtained from migratory-related rights payments.
- Migratory Rights Increase: The Non-Resident Right increased from 717 pesos in 2024 to 860 pesos this year and will be 983 pesos next year.
- Unclear Allocation: Martínez pointed out that there is no transparency on how these resources are allocated, as they do not go to tourism promotion.
IEPS Reforms: Not Capricious, but Controversial
Senator Rafael Huerta from Morena stated that the IEPS updates are not capricious but follow international recommendations.
- Revenues for the People: Huerta emphasized that every peso in IEPS should return to the people for attention and well-being.
- Opposition Concerns: Despite claims that resources go to health programs, critics argue that the government does not allocate funds to programs related to diseases caused by tobacco and sugary drink consumption.
- Disguised Imposts: Opposition senators argue that these taxes are merely a pretense to increase revenue, revealing the poor state of public finances.
