The bonded warehouse is a customs regime that applies to goods entering or leaving the national territory. In accordance with Article 119 of the Customs Law, a bonded warehouse involves the storage of foreign or domestic goods in general warehouses authorized by customs authorities for this purpose.
In other words, a bonded warehouse is a customs regime whose main purpose is to safeguard goods, whether imported or exported, while their final delivery is completed. This way, imported goods can be stored without the need to complete the entry procedures into the country.
The benefits of placing goods under this customs regime are numerous. The main advantage is that it allows postponing the selection of a specific import regime and enables individuals to store their goods for up to 24 months. These goods can be withdrawn, either fully or partially, for importation, with taxes, duties, and compensatory fees paid in advance, updated to cover the period from the time of entry into the country until their removal from the warehouse.
That is to say, with the customs regime of bonded warehousing, you can defer tax payments and only pay them as you partially withdraw the goods. This streamlines operations, making them more efficient and faster by avoiding certain procedures. It also allows you to save on operational storage costs, internal transportation, and other related expenses.
Among the uses for goods under this regime are verifying compliance with Mexican Official Standards, authorizing a third party to withdraw goods, preparing the final presentation of certain products, inspecting the condition of goods to ensure they have not been damaged up to that point, labeling products, coordinating shipments to ensure goods reach their final destination, or sending them to another destination in transit.
In accordance with Chapter 4.5 Fiscal Deposit of the General Rules of Foreign Trade, those interested in obtaining authorization to provide the service of storing goods in fiscal deposit must submit their application in writing as stipulated in Rule 1.2.2 of the General Rules of Foreign Trade and comply with the requirements set out in Procedure File 106/LA of Annex 2 of the aforementioned Rules, which consist of the following:
- In the application, the date of publication in the Official Gazette of the Federation of the authorization to operate as a general deposit warehouse must be stated.
- Copy of the authorization to operate as a general bonded warehouse, granted by the Banking, Securities and Savings Unit.
- Copy of the payment receipt with the digital stamp or the original payment proof from the respective institution, made through the electronic e5cinco scheme.
- Notice of the use of premises to the National Banking and Securities Commission (CNBV).
- To be registered and active in the RFC.
- To have a valid e-signature.
They must also be up to date in fulfilling their tax obligations, and prove ownership or legal possession of the facilities where they will provide the storage service for goods.
The written request must state:
- Type of premises, facility, warehouse or branch.
- Address of the premises, facility, warehouse, or branch.
- Requested area for placing labels or seals.
- Total area requested.
- Validity of the legal use of the premises, facility, warehouse or branch.
- Name, RFC (Tax Identification Number), and tax address of the depositor when it concerns authorized premises, facilities, warehouses, or branches.
Additionally, a sketch of the premises, facility, warehouse, or branch must also be submitted on letter-sized paper, indicating the orientation towards the north, property boundaries, access roads, the area designated in square meters for fiscal deposit, the address, and the name or corporate name of the warehouse operator. Documents must also be provided to prove ownership or the right to use the premises, facility, warehouse, or branch. In the case of authorized premises, facilities, warehouses, or branches, it is also necessary to submit the authorization contract, as well as the notice of use of premises, facilities, warehouses, or branches submitted to the National Banking and Securities Commission, and the notice of opening for each premises, facility, warehouse, or branch where the service of storing goods in fiscal deposit is intended to be provided.
If all requirements are met, the National Customs Agency of Mexico or the authority with which the application was initiated has a maximum of three months to issue the authorization or any requirements. The authorization will be granted for a period of up to ten years and will be granted for the following purposes:
- The exhibition and sale of foreign and domestic merchandise in international air, border and sea ports, commonly known as duty free. In this case the merchandise will not be subject to the payment of taxes on foreign trade and countervailing duties, provided that the sales are made to passengers leaving the country directly abroad and the delivery of such merchandise is made at the exit points of the national territory, having to take them with them abroad and when the sale is made to passengers arriving in the country directly from abroad in international air ports and such sale as well as the delivery of the merchandise is made in the authorized establishments known as Duty Free, in the latter case, when the sales made to the passenger exceed 300 dollars or its equivalent in national currency, or 10 packs of cigarettes, 25 cigars or 200 grams of tobacco, 3 liters of alcoholic beverages or 6 liters of wine, the passenger must be informed that he/she must make the payment of the corresponding taxes before the customs authority and stamp the bag with a red seal indicating the phrase “EXCEDENTE” (EXCEDENT).
- Locations designated for temporary international merchandise exhibitions.
- To undergo the assembly and manufacturing process of vehicles for terminal automotive industry companies.
The following goods are prohibited from being included in the customs regime of bonded warehouses: weapons, ammunition, explosive, radioactive, nuclear, and contaminating materials; chemical precursors and essential chemicals; diamonds, brilliants, rubies, sapphires, emeralds, and natural or cultured pearls, as well as jewelry made with precious metals or the aforementioned stones or pearls; watches; items made of jade, coral, ivory, and amber; goods listed in Annex 10, Section A, Sector 9 “Cigars” of this resolution; and vehicles, except for those classified under tariff headings 8703.21.01, 8704.31.02, and 87.11 of the TIGIE. Additionally, goods classified under chapters 50 to 64 of the TIGIE are also excluded.
It should be noted that the authorization can be extended for an additional 10 years, provided that the established requirements for authorization continue to be met.
For the operation of bonded warehouses, the following requirements must be met:
- Computer and data transmission equipment to allow the respective customs office and the administrative units of AGACE to access the permanent and simultaneous records in the system used by the general warehouse for this purpose.
- Designated facilities within the warehouse that meet the specifications established by the Tax Administration Service (SAT) to keep goods under the bonded warehouse regime separate from domestic or foreign goods stored in the warehouse.
In addition to the above, individuals who obtain the authorization referred to in this section will be required to:
- Make payments at authorized offices no later than the seventeenth day of the relevant month, consisting of a 5% levy on the gross income obtained from the sale of goods in the preceding month.
- Have computer and data transmission equipment connected to the SAT system.
- Maintain a daily record of operations through an automated inventory control system, providing the customs authority with permanent and uninterrupted online electronic access.
- Install and maintain a continuously operating closed-circuit system through which the customs authority has access to points of sale and delivery of merchandise, as well as exit points from national territory, providing monitoring terminals to the SAT.
- Transmit to the electronic system managed by the customs authority, within the first ten calendar days of the following month, information regarding the sale of merchandise made in the previous month, as established by regulations, specifying quantities, product description and code, tariff classification, commercial identification number, and the sale value of the merchandise.
- Submit to the General Customs Administration the supporting documentation that proves the payment of the 5% levy on the gross income obtained from the monthly sale of merchandise, as well as proof of payment for the right to obtain authorization for the respective establishment, in accordance with Article 40, subsection (k) of the Federal Law on Fees.
- Comply with the sales and merchandise delivery control mechanisms established by regulations.
- Comply with the other conditions and guidelines established by the SAT.
According to the above, it is evident that the fiscal deposit stands as a fundamental customs regime, both for individuals who import and export, as well as for those responsible for providing this service, prior to obtaining the corresponding authorization. On one hand, for users of the customs deposit, it represents a strategic tool that allows them to store goods under certain conditions and tax benefits, thus contributing to logistical efficiency and compliance with customs obligations. On the other hand, for those who hold an authorization, it implies assuming specific responsibilities regarding the control and management of stored goods, ensuring the safety of the merchandise and foreign trade operations.
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