Cancellation, and/or suspension of the IMMEX program (Manufacturing industry, Maquiladora, and export services), and registry of importers
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Cancellation, and/or suspension of the IMMEX program (Manufacturing industry, Maquiladora, and export services), and registry of importers
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IMMEX program In accordance with the decree established by IMMEX, the manufacturing companies (in Spanish: maquiladoras), must comply with different requirements, since otherwise the Ministry of Economy (in Spanish: La Secretaría de Economía) could suspend or cancel the IMMEX program. Some of the main causes of cancellation are: • Not submitting the annual operations report for the 2014 tax year on the last working day of May 2015 at the latest. • Not having the Taxpayer Identification Number active (in Spanish: RFC); not having an electronic signature (in Spanish: FIEL), or when the legal address is not legitimate. • Not having the documentation that supports its foreign trade operations, or not proving the legal presence or possession of foreign merchandise. • Submitting false or altered documentation, or with false information; or when information indicated in the declarations or invoices is false, non-existent, or not legitimate. • Not submitting yearly federal tax returns when required to do so. • One of its partners is associated with another company which may have had its IMMEX program cancelled. Suspension of registry of importers and registry of importers of specific areas Individuals or legal entities that import merchandise within national territory and who are inscribed in the Registry of Importers or Registry of Importers in Specific Areas must comply with several requirements. Failure to comply could result in a suspension from the Registry of Importers. Some of the following are mentioned below: • The Taxpayer Identification Number could be reported cancelled or activities could be suspended. • The legal address or those of its establishments may be considered “not to be legitimate” or non-existent”. • Establishments that perform foreign trade operations are not registered. • Not submitting federal tax returns when required to do so. • Not having an active electronic signature (in Spanish:FIEL). • Not having an electronic e-mail account for the purposes of a Tax Mailbox. • Not maintaining accounting records, books, inventories, or other means of control for which one is obligated, in accordance with tax and customs provisions. • Not having the documentation that supports foreign trade operations or which may be altered. • When information stated therein is false or non-existent. • That through the IMMEX program it doesn’t have the necessary infrastructure to carry out maquila operations. • When the total amount of income declared during the review period is less than 30% of the imports during the same period. • When the declared value in the declaration is less than 50% or more than the price of the same or similar imported merchandise in a 90 day period before or after the transaction date. • When foreign trade transactions are not performed in a period that exceeds 12 months. • Not allowing audits or not meeting the requirements of the authorities that confirm compliance with the relevant obligations. According to the points mentioned in this bulletin, we recommend the timely compliance of all obligations, whether through its internal department and/or foreign trade advisors. Please do not hesitate to contact us should you have any further questions.
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