One of the customs regimes that seek to support Mexican companies in achieving greater competition in international markets is called IMMEX, which consists of a program for the Manufacturing, Maquiladora and Export Services Industry, through which temporary imports of goods with production processes and/or services can be made to export goods or to provide export services, deferring the payment of the general import tax, the Value Added Tax and, if applicable, countervailing duties. TAX REQUIREMENTS
By virtue of the foregoing, the Decree for the Promotion of the Manufacturing, Maquiladora and Export Services Industry (IMMEX Decree) was issued, published in the Official Gazette of the Federation on November 1, 2006, which has undergone modifications and amendments.
This decree created a program that for practical purposes is intended to equalize the conditions of Mexican companies with foreign competitors, with the purpose of making possible the successful placement of the various goods offered on the global platform, in order to bring them to Mexican territory so that, if necessary, they can manufacture, transform and/or repair goods of foreign origin imported temporarily into Mexican territory and subsequently return them.
In this regard, it is extremely important that taxpayers wishing to obtain the benefits of the IMMEX program meet the following tax requirements, among others:
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- This program only applies to legal entities
- must be constituted under the principles stipulated by Mexican law,
- register the addresses where it carries out its operations under the Program,
- be registered and active in the Federal Taxpayer’s Registry
- keep your data up to date,
- to have the general data of its partners and/or stockholders
- have localized taxpayer status.
- To register in the importers’ and/or specific sectors’ registry.
- To file form 96, for its foreign partners or shareholders who are not required to pay taxes in the country.
They must also have a valid e.signature, which is obtained through the Tax Administration Service (SAT) and represents an electronic instrument of a legal nature that identifies the taxpayer and has the same legal weight as an autographic signature, and allows taxpayers to authenticate themselves to carry out various procedures and to know the status of the same.
On the other hand, they must be up to date in the compliance of their tax obligations, that is to say, they must present in due time and form the provisional payment declarations, definitive payments, annual declarations, informative declarations, electronic accounting and have no tax debts, for which they must present the positive opinion of compliance issued by the Tax Administration Service (SAT) in accordance with article 32-D of the Federal Tax Code. TAX REQUIREMENTS
They must also present a document that certifies that they are not in the lists of companies published by the Tax Administration Service (SAT), in terms of articles 69 and 69-B, third paragraph of the Federal Tax Code, this is derived from the fact that they must certify that they are legal entities that are located and do not simulate operations.
Registered Public Accountant’s Report, which certifies: the location of the tax address and the addresses where it carries out its operations under the IMMEX Program, the machinery and equipment to carry out the industrial process, the installed productive capacity to carry out the monthly industrial process, per 8-hour shift, the products it manufactures, the number of workers of the company that belongs to the IMMEX Program and, if applicable, that of each of the companies that carry out submanufacturing activities.
Likewise, it is necessary that the company wishing to obtain the benefits of the IMMEX program commits to make annual sales abroad for a value greater than US$500,000, or its equivalent in local currency, or to invoice exports for at least 10% of its total turnover.
In view of the above, it is necessary to pay special attention in accrediting the aforementioned requirements in order to obtain the benefits that come with operating under the IMMEX program. Likewise, once the IMMEX program is obtained, it is necessary to continue to ensure compliance with tax obligations, since the Tax and Customs Authorities have the authority to exercise verification powers and conduct audits or inspection visits to ensure compliance with the obligations of the promotion program, respectively, and in the event of detecting any non-compliance, the IMMEX program may be suspended or cancelled.
TAX REQUIREMENTS
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