San Diego County & California

US-Mexico tax treaty

Who taxes a Tijuana commuter's San Diego pay

  • Tijuana commuters owe US tax on San Diego wages; under the US-Mexico tax treaty, the US can tax pay for work done in the US.
  • California taxes treaty-exempt income and gives no credit for tax paid to Mexico (2025).
  • Mexico taxes its residents' worldwide income, San Diego wages included, and credits US income tax.

Next step for self-employed commuters: California self-employment tax.

Mexican flag flying against a blue sky

Working in San Diego, living in Tijuana: which tax returns to file

The IRS sets federal residency by green card or by days in the US under its substantial presence test; the Franchise Tax Board (FTB) taxes nonresidents only on California-source income.

CommuterFederal returnCalifornia return
US citizenForm 1040, worldwide incomeForm 540NR if a nonresident
Green card holderForm 1040, worldwide incomeForm 540NR if a nonresident
Mexican citizen, nonresident alienForm 1040-NR, US incomeForm 540NR
  • The IRS excludes commuting days from the substantial presence test for workers who return home to Mexico within 24 hours on more than 75% of workdays (2025).
  • The IRS allows the foreign earned income exclusion only for work done in a foreign country, so commuters cannot exclude San Diego wages.

US-Mexico tax treaty rules for wages and freelance income

Employees

Under Article 15, Mexican-resident employees owe US tax on San Diego pay unless they meet all three conditions:

  • They spend 183 days or fewer in the US in any 12 months.
  • A non-US-resident employer pays them.
  • Their employer does not charge the pay to a US permanent establishment or fixed base, such as an office.

Self-employed

Under Article 14, Mexican-resident freelancers owe US income tax only if they:

  • Regularly use a fixed base, such as an office, in the US
  • Spend more than 183 days in the US in any 12 months

Under the treaty's saving clause, the US can tax its citizens and residents as it would without the treaty. FTB requires filers to add treaty-exempt income back on Schedule CA (2025).

Mexican tax and Mexican bank accounts

Mexico taxes its residents on income from any source and credits foreign income tax (Income Tax Law, Articles 1 and 5, amended April 1, 2024).

  • FTB allows no credit for tax paid to a foreign country (2025).
  • US citizens and green card holders file an FBAR, the Treasury foreign account report, for Mexican and other foreign accounts. They file once they hold more than $10,000 in those accounts combined at any point in the year. They file the 2026 report by April 15, 2027, or by October 15, 2027, under the automatic extension.

When to hire a CPA for a green card tie-breaker claim

A green card holder living in Tijuana can claim Mexican residence under the treaty's tie-breaker for people both countries treat as residents. The holder then files Form 1040-NR with Form 8833 as a nonresident alien.

Long-term residents, green card holders in at least 8 of the last 15 tax years, give up US residency for tax purposes when they make that claim. The IRS can then apply the section 877A expatriation tax, a tax on the holder's unrealized gains (2025). A CPA can weigh the claim first: how to choose a CPA.

Sources:

  • Internal Revenue Service, US-Mexico income tax treaty (1992) and Publication 519 (2025)
  • Internal Revenue Service, Instructions for Form 8854 (2025), foreign earned income and FBAR pages
  • Franchise Tax Board, Publication 1031 and Schedule CA (540NR) and Schedule S instructions (2025)
  • Cámara de Diputados, Ley del Impuesto sobre la Renta (amended April 1, 2024)