Deputy María del Rosario Merlín García, representing the Morena caucus, presented a proposal to reform the Federal Consumer Protection Law, with which it is proposed that youtubers, video bloggers and influencers submit to the regime of fiscal obligations and responsibilities.
If the proposal is approved, influencers would have to pay taxes, when the content they share on social networks is lucrative such as Facebook, Instagram, Youtube, Snapchat and Tik Tok.
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The initiative explains that the creators of content for social networks – better known as “influencers” – who have a professional activity, vto be declared “audiovisual communication service providers”, so they must submit to the regime of fiscal obligations and responsibilities to pay taxes, for the profits they obtain as a product of said contents.
For this reason, “video bloggers should review their scripts well and take care of their interventions if they do not want to see their professional careers cut short,” warns the initiative.
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The proposal establishes that, when the influencers obtain profits and receive payments through the different social network platforms, by obtaining a certain number of visits, reproductions or followers, said income will be controlled by the Tax Administration Service (SAT), in addition about what content creators whose use of social networks is lucrative must be registered in the Federal Taxpayer Registry as providers of Professional Services.
The initiative details that youtubers or influencers will pay taxes when they share the unboxings or advertisements of products or experiences on social networks offered by the various brands or advertisers. And they will also be charged a tax when conducting sweepstakes involving advertisers’ products, services, or brandsas well as when displaying or tagging a brand in their social media posts.
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On the other hand, the owners of the social media platforms will be obliged to withhold a percentage of the Income Tax (ISR) on the income of the influencersin addition to a percentage corresponding to the Value Added Tax (VAT) on the amount they charge.
The initiative proposed by Morena clarifies that the content published by people who only use social networks for entertainment or to share things with family and friendsbut who do not carry out a lucrative activity on these platforms, will be exempt from tax.
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In addition to the issue of paying taxes for influencers, The initiative also talks about the regulation of misleading advertising, since it is considered to be present in many of the channels of youtubers, videobloggers and influencerswho have even promoted products and lifestyles that are harmful to physical and mental health, including eating disorders –such as anorexia–, addictive activities –such as gambling– and drug use.
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