(IMMEX), and is effective since November 13,. Mexico is a prime location for Foreign . Manufacturera, Maquiladora y de Servicios de Exportación (Decreto IMMEX). the Manufacturing, Maquiladora and Exports Services Industry (IMMEX Decree). Manufacturera, Maquiladora y de Servicios de Exportación de , ya no [ ]. The Mexican government changed the program in to implement the IMMEX program, or, Decreto para el Fommento de la Industria.
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On Thursday, December 26, the Ministry of Finance and Public Credit published in the Official Daily of the Federation DOF the Decree granting tax incentives to the manufacturing, maquiladora decretp export services industry the “Decree”which went immsx effect on January 1, Furthermore, on January 1, such Ministry published the Sixth Resolution of Amendments to the Foreign Trade General Rules the “Rules”which went into effect on the day after publication.
These Rules incorporate new rules 5.
Dwcreto publications are extremely important for IMMEX imemx, for which reason we now provide a brief summary of their content:. Those IMMEX companies which perform maquila operations dereto the terms of the Income Tax Law in effect as of January 1,and which determine taxable profit based on the Safe Harbor mechanism either 6. Given the above, any person that does not comply with such obligation will be considered a permanent establishment of the resident abroad as of the third year.
The Decree allows for crediting of the VAT on the sale of goods of the resident abroad with no permanent establishment in Mexico to IMMEX companies authorized in accordance with the IMMEX Decree, published in the DOF on November 1,or a similar regime under the terms of the Customs Law; to companies from the terminal automotive industry or auto parts industry for their storage in fiscal deposits, provided that such goods entered Mexico under an IMMEX program, and remain as temporary imports, or a similar regime in accordance with the Customs Law, or in a fiscal deposit.
The crediting of the VAT withheld on acquisitions made from foreigners with no permanent establishment in Mexico may be applied by the acquirer against the tax kmmex paid on such transaction in the respective monthly payment return.
The above could only be applicable when the goods sold form part of a supply chain of products designated for export and are documented through certifications of goods transfers or through virtual transaction declarations. For this reason, the related companies must keep an inventory control imkex accounting records which allow for differentiation i,mex acquisitions of goods returned abroad and those designated for the domestic market.
Furthermore, the Decree establishes that the application of these tax incentives will not give rise to any refund or offsetting other than those established in decrero tax provisions, and will not be considered as accruable revenues for ISR purposes.
Finally, taxpayers who apply these tax incentives are relieved from the obligation to file the notice established in article 25, paragraph 1 of the Federal Tax Code hereinafter CFF. We would be pleased to provide additional information related to this Decree and the effects of the tax incentives granted.
By the same token, the Rules establish the procedure for renewal of the aforementioned registration; ddecreto obligations which must be fulfilled by those who obtain the certification; and the causes imjex the Central Administration of Foreign Trade Legal Affairs ACALCE of the Tax Administration Service SAT may cancel such certification.
Finally, the Rules establish a calendar for immmex certification duringwhich includes six different periods, and will ijmex applicable to the requesting party depending on their fiscal domicile. Have an inventory control system in place that complies with SAT provisions. File the confirmation of compliance with tax obligations of the requesting party issued in the 30 days prior to the filing date of the application, as well as that of the partners, shareholders, legal representative, sole administrator or board members, as the case may be.
Taxpayers must not be on the list of debtor companies, of those who have committed a tax crime, or on the list of taxpayers who dfcreto receipts without having the authority to do so, published by the SAT articles 69 and B, paragraph 3 of the CFF, except for that established in section VI of article Their certificates of digital seals must be immexx to date and it must not have been proven that they incurred in any violation of article H, section X of the Code during the last 12 months.
File certifications of all the personnel registered with the Mexican Decreeto of Social Security IMSS and provide the supporting documentation for the payment of Social Security fees to decreot IMSS of at least 10 employees through the insertion line of the last two months of the immediately previous year, using the payment receipt downloaded by the referenced payment system, and, in the case of subcontracting of workers, certify that the companies have the confirmation of compliance with tax obligations issued in the 30 days prior to the filing date of the request, and also certify that the latter comply with the obligation to withhold and pay the ISR of the workers.
Attach, in accordance with the instructions not yet publisheddocuments to certify the investment in Mexico.
Cancellation and nullity of the IMMEX program –
Obtain the VAT refund VAT within a term not exceeding 20 days computed as of the day after the filing of the respective application, in accordance with article 22 of the Code. Companies which have obtained the certification may request its renewal within the 30 days before its expiration date, subject to accreditation that they are still in compliance with the registration requirements of the modality in question and with the obligations applicable thereto.
The ACALCE will rule on the application for renewal within a term of 20 days computed as of the day after the date indicated on the acknowledgment of receipt generated by the electronic customs system.
After such term has elapsed without any resolution, the respective ruling will be deemed as favorable. The general requirements for the A modality must be fulfilled in addition to the following:. There were no unpaid tax liabilities assessed by the SAT within the 12 months prior to the filing date of the request, or, as the case may be, applicants must evidence that they are covered by the procedure to obtain authorization for deferred payment in installments of the unpaid taxes, or that they have made the respective payment.
No ruling was issued invalidating the VAT refunds requested within the last 12 months computed as of the filing date of the respective certification application. The VAT refund will be obtained within a term not exceeding 15 days computed as of the day after the filing of the respective refund request.
If the customs authority, before initiating its verification powers, detects the alleged omission of taxes and other government charges derived from foreign trade operations, it may inform the taxpayer accordingly through an invitation letter.
If the taxpayer does not timely respond to the invitation letter or correct all of the irregularities detected within the term granted by the authority, the latter may at any time begin to exercise such verification powers.
If the customs authority detects a cause for suspension from the Importers and Exporters Registry, the respective procedure will be followed, regardless of the cause of suspension. mimex
The certification will be valid for two years, and will be automatically renewed provided that a renewal notice is filed within the 30 days before the respective expiration date, and the taxpayer continues to comply with the established registration requirements and obligations. That no unpaid tax liability was assessed by the SAT within the last 24 months before the filing date of the request or applicants evidence that they are covered by the procedure to obtain authorization for the deferred payment of the unpaid taxes by installments, or that they have made the respective payment.
That no ruling was issued invalidating the VAT refunds requested in the last 12 months, computed as of the filing date of the respective certification application.
Cancellation and nullity of the IMMEX program
VAT refund will be obtained within a term not exceeding 10 days computed as of the day after the filing of the respective request. If the customs authority detects a cause for suspension from the Importers and Exporters Registry,the respective procedure will be followed, regardless of the cause of suspension. Compliance with the obligation to keep automated inventory control systems which at all times maintain an updated record of the control data on the foreign trade goods, which must be available to the customs authorities, may be evidenced provided the company has an inventory control that shows the destination, discharges and balances ommex the raw materials, which will have to be transmitted pursuant to the terms established by immwx SAT, as the case may be.
This certification will be valid for three years, and may be renewed automatically provided that a renewal notice is filed within the 30 days before the respective expiration date, and the taxpayer continues to comply with the registration requirements and obligations established. Companies which request their IMMEX program for the first time from the Ministry of Economy or have been operating the program for less than one year are not subject to this requirement.
Furthermore, companies which temporarily import and return goods classified under tariff items listed in Exhibit I TER iron and unalloyed steel of the IMMEX Decree, or the tariff classifications listed in Exhibit 28, when they are intended to produce goods decreo the apparel sector classified in Chapters 61 to 63 and in tariff item In addition to the general requirements, applicants fecreto under the fiscal deposit regime to apply the process of vehicle assembly and manufacture process, must comply decreti the 206.
Estas Reglas adicionan las nuevas reglas 5. Contar con control de inventarios de conformidad con disposiciones del SAT. Both publications are extremely important for IMMEX companies, for which reason we now provide a brief summary of their content: Crediting of VAT The Decree allows for crediting of the VAT on the sale of goods of the resident abroad with no permanent establishment in Mexico to IMMEX companies authorized in accordance with the Imnex Decree, published in the DOF on November 1,or a similar regime under the terms of the Customs Law; to companies from the terminal automotive industry or auto parts industry for their storage in fiscal deposits, provided that decrefo goods entered Mexico under an IMMEX program, and remain as temporary imports, or a similar regime in accordance with the Customs Law, or in a fiscal deposit.
The certification will be valid for one year.
File monthly consolidated customs declarations pedimentos. Presentar pedimentos consolidados mensuales. Torre Arcos Bosques l. Paseo de los Tamarindos No. Bosques de las Lomas. Todos los derechos reservados. The general requirements for the A modality must be fulfilled in addition to the following: In decrsto to the general requirements, applicants operating under the fiscal deposit regime to apply the process of vehicle assembly and manufacture process, must comply with the following: