The Manufacturing, Maquiladora, and Export Services Industry Program (IMMEX) is a scheme that allows companies to temporarily import tax-free inputs and components for use in the production of goods intended for export. This program offers various tax and customs benefits but also entails a series of responsibilities and requirements that participating companies must meet. Failure to comply with these obligations may result in the cancellation of the IMMEX program for the company involved.
Main Causes for Cancellation of the IMMEX Program.
| No. | REASONS FOR CANCELLATION OF THE IMMEX PROGRAM |
| 1 | Failure to comply with any of the obligations set forth in the IMMEX Decree.
Article 27, Section I of the IMMEX Decree. |
| 2 | It does not have the documentation supporting its foreign trade operations, and the tax credit determined by the SAT exceeds 400,000 pesos, or the value of the goods for which legal stay or possession cannot be proven exceeds 5% of the total value of goods temporarily imported in the previous semester.
Article 27, Section II of the IMMEX DECREE. |
| 3 | It is not located at its tax domicile or at the addresses registered in the Program, or such addresses are not located or do not exist.
Article 27, Section III of the IMMEX DECREE. |
| 4 | The temporarily imported goods under its Program are not found at the addresses registered with the SAT.
Article 27, Section IV of the IMMEX DECREE. |
| 5 | When the SAT determines that the goods temporarily imported under its Program did not physically enter the destination country or were not physically presented at the foreign exit customs office after the export or return declaration was processed.
Article 27, Section V of the IMMEX DECREE. |
| 6 | Submitting false, altered, or fraudulent documentation, or when it is determined that the name or tax address of the supplier, producer, recipient, or foreign buyer listed in the declarations or invoices is false, nonexistent, or cannot be located.
Article 27, Section VI of the IMMEX DECREE. |
| 7 | Submitting a notice of cancellation in the Federal Taxpayers Registry (RFC).
Article 27, Section VII of the IMMEX DECREE. |
| 8 | Failure to submit the annual federal tax return required under the applicable legislation.
Article 27, Section VII of the IMMEX DECREE. |
| 9 | The authority determines that its partners and/or shareholders are linked to a company whose Program has been canceled.
Article 27, Section VIII of the IMMEX DECREE. |
| 10 | When it is not proven that the physical delivery of the temporarily imported goods under the Program was carried out, resulting from transfer operations and/or submaquila notices.
Article 27, Section IX of the IMMEX DECREE. |
Now, if the company fails to rectify the non-compliance, the authority will issue a resolution to cancel the IMMEX program, against which the company has the right to file administrative or judicial resources to challenge the cancellation decision.
The Ministry of Economy, either on its own initiative or at the request of the SAT, will initiate the cancellation procedure within no more than ten working days from the moment it becomes aware of the cause for cancellation. The holder of the program will be notified of the reasons, and the benefits of the program will be suspended until the corresponding omissions are rectified.
The program holder has a period of ten working days from the notification to present evidence and arguments that justify their situation. If the evidence and arguments do not refute the causes, the Ministry will issue a definitive cancellation resolution of the program within a period of three months.
In summary, the IMMEX Program offers significant benefits for companies engaged in foreign trade, but it also entails a series of responsibilities and obligations. Failing to meet these obligations can lead to the cancellation of the program, with significant consequences for the company’s operations and tax status.
Therefore, it is crucial for IMMEX companies to maintain strict control over their operations and comply with all applicable legal and tax provisions.
Companies whose programs are canceled for the aforementioned reasons, along with their related partners and shareholders, will be prohibited from obtaining any export promotion program for five years. This significantly impacts their ability to operate in foreign trade under tax and customs benefit schemes.
That is why it is essential to seek expert advice and, if necessary, conduct preventive audits to ensure proper compliance with the obligations of companies under the IMMEX program, thereby avoiding program cancellations that directly affect their operations.
At St Stratego, our extensive expertise in foreign trade allows us to guarantee the implementation of comprehensive compliance strategies focused on the proper operation of the IMMEX program and VAT and IEPS Certification. Leveraging our deep knowledge of both the public and private sectors, we ensure favorable outcomes in such procedures, backed by a track record of successful cases accumulated over more than a decade.
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