1 April 2026
President Sheinbaum’s proposed legislative initiative to amend Article 141 of the Federal Tax Code
Introduction
On March 18, 2026, Mexican President Claudia Sheinbaum submitted to the Mexican Federal Congress a legislative initiative to amend Article 141 of the Mexican Federal Tax Code (Código Fiscal de la Federación, or CFF). The proposed legislative initiative would revise aspects of the tax interest guarantee regime that were published in the Official Gazette on November 7, 2025, and took effect on January 1, 2026.
The November 2025 reform
The November 2025 reform introduced a mandatory hierarchical order for guaranteeing tax liabilities. Under this framework, taxpayers are required to offer a cash deposit as the primary form of guarantee to the extent of their economic capacity, and may resort to alternative guarantee modalities only upon demonstrating the impossibility of satisfying each preceding option in sequence. This approach replaced a prior regime under which taxpayers were permitted to select among available guarantee modalities. The revised framework also vested tax authorities with discretion to assess a taxpayer’s “economic capacity” when evaluating compliance with the hierarchy.
The proposed legislative initiative
The legislative initiative proposed on March 18, 2026 would revise the existing framework by permitting taxpayers to select among available guarantee modalities without adhering to a mandatory order. Key elements of the legislative initiative include:
- Replacing the mandatory hierarchical order with the ability to choose freely among authorized guarantee modalities
- Eliminating the requirement for taxpayers to demonstrate economic incapacity on a modality-by-modality basis
- Maintaining the obligation to guarantee the fiscal interest, including updated liabilities and related accessories
- Introducing transitory provisions allowing taxpayers who constituted guarantees between January 1, 2026 and the decree’s entry into force to request substitution of those guarantees under the revised rules within thirty calendar days
The explanatory materials indicate that while the original objective of strengthening protection of the tax interest remains unchanged, the proposed legislative initiative is framed as focusing on “the most appropriate means to reach such purpose” (authors’ translation). The materials may reflect a view that enhancing legal certainty for taxpayers can support – rather than undermine – effective tax collection.
Legislative context and challenges
Following the entry into force of the November 2025 reform, taxpayers have raised concerns regarding the practical operation of the mandatory hierarchy and the requirement to demonstrate economic incapacity. These concerns have been reflected in constitutional litigation, including amparo proceedings before federal courts.
The challenges assert, among other grounds, violations of access to justice, legal certainty, progressivity, and the constitutional prohibition on confiscatory measures. These proceedings remain pending and form part of the broader context in which the new legislative initiative has been introduced.
Practical considerations
If the legislative initiative is approved as proposed, taxpayers that have constituted guarantees under the current regime since January 1, 2026 would have a thirty-day period in which to request substitution of those guarantees under the revised rules.
Taxpayers may wish to monitor legislative developments and assess the potential implications of the proposed amendments in light of their specific circumstances.
Conclusion
If enacted, the amendments within the proposed legislative initiative would revise the tax interest guarantee regime established by the November 2025 reform by permitting greater flexibility in the selection of guarantee modalities and modifying the conditions applicable to existing guarantees. The proposal is currently under consideration by the Mexican Federal Congress, and further developments will depend on the outcome of the legislative process.
This alert is for informational purposes only and does not constitute legal advice. Readers should consult with qualified counsel regarding the specific implications for their circumstances.
