Particularities of operating an IMMEX within a shelter
The Maquiladora industry in Mexico, has as a priority to promote and grant facilities to manufacturing, maquiladora and export services companies to carry out industrial processes or services to export goods and for the provision of export services, for this purpose the Ministry of Economy can authorize an IMMEX program, in any of the following five modalities Controller, Industrial, Services, Hostel, Tertiarization.
In this sense, the shelter modality was created with the intention of allowing new ways of operating and doing business in our country, and giving greater confidence to residents abroad to start operations, because it is often difficult to understand administrative, fiscal, accounting issues, etc., in this sense, the path is easier for companies that have an interest in developing in Mexico, since by staying in a Shelter company, difficulties are eliminated and processes are simplified.
Beginning of the form
Establishing itself as a refugee company provides the opportunity for foreign companies to concentrate exclusively on their production processes, reducing legal responsibilities in Mexico, as well as developing their project more quickly, among others.
Additionally, foreign companies that opt for this scheme are not subject to a maximum term, norwill they be considered to have a permanent establishment in the country, provided that such residents abroad are not related parties of the company with a maquila program under the modality of hostel in question, nor of a related part of said company, that as long as they pay the ISR and comply with their tax duties, through the company that provides them with the services of a shelter maquiladora.
The hosted companies will be subject to the fulfillment of the following obligations, through the companies with a maquila program under the modality of shelter with which they carry out maquila operations:
- Apply for registration in the Federal Taxpayers Registry without tax obligations.
- Submit provisional payment declarations and annual declaration, in accordance with the provisions of this Law and with the rules issued for such purposes by the Tax Administration Service.
- Submit annually to the tax authorities, informative declaration of their maquila operations in terms of what is established by the Tax Administration Service
- Submit a notice to the Tax Administration Service when they stop carrying out the activities in the terms referred to in this article, within the following month in which said case occurs.
We can conclude that the scheme of the shelter modality is an excellent option for foreign companies that have the technology and productive material to operate indirectly in Mexico.
Finally, companies that choose to be subject to being a Hosted Company may at any time:
- Become independent of the company Shelter through the constitution of a subsidiary company;
- Continue to operate indefinitely through the company Shelter;
- Abandon operations in Mexico.
Currently, there are 51 companies authorized by the Ministry of Economy with an IMMEX program in the modality of Hostel, so companies interested in investing in Mexico under this scheme have a range of different companies to choose one of them, settled mainly in the states of Baja California, Chihuahua, Sonora, Querétaro, Guanajuato, Jalisco, Zacatecas, Nuevo León, Tamaulipas and Coahuila.
of operating
This document does not constitute a particular consultation, and therefore, Asesores Stratego SC, is not responsible for the interpretation
or application given to it. The total or partial reproduction of this publication, by any means or procedure, is prohibited without the prior, express and written authorization of the author. Any form of unauthorized use will be prosecuted in accordance with the provisions of the Federal Copyright Law. We are at your service to answer your questions or comments, for more information on this subject and our services, please contact us at: info@asesores-stratego.com