Overview
- The Pleno of the Supreme Court voted against a project that would have treated Afore balances paid to heirs as taxable income under the Impuesto Sobre la Renta.
- The draft under review was written by Minister Sara Irene Herrerías Guerra and aimed to resolve conflicting lower-court rulings about whether beneficiary disbursements are exempt as inheritances or legacies.
- Minister Lenia Batres publicly supported taxing inheritances and Afore payouts on redistribution grounds, arguing beneficiaries receive resources they did not earn and that taxing them would address inequality.
- Batres’s remarks prompted strong public and political criticism on social media, including a notable response from businessman Ricardo Salinas Pliego, but they did not change the Court’s vote.
- Because the project failed, the file will be reassigned for a new draft and beneficiaries, Afore administrators, and tax authorities face continued legal uncertainty about future tax treatment.