Second resolution of amendments to the general rules of Foreign Trade for 2024 and Annexes 1, 2, 5 and 24
On October 14, 2024 The Ministry of Finance and Public Credit, [in Spanish: la Secretaría de Hacienda y Crédito Público], through the Official Gazette of the Federation [in Spanish: el Diario Oficial de la Federación]., published the Second Resolution of Amendments to the General Rules of Foreign Trade, (GRFT), for 2024, and Annexes 1, 2, 5 and 24, of which we emphasize the following points:
A) New IMMEX Inventory Control (Annex 24 – C) for VAT Certified and AEO (Authorised Economic Operator) Companies.
To keep inventory control in accordance with Annex 24, Sub-paragraph A and C:
The information of the IMMEX Inventory must be received electronically, and no later than 48 hours, which must be obtained from the corporate system. The remaining information must be received no later than the time of payment of the customs declaration.
It is necessary to allow online access to the customs authority in order to comply with the IMMEX obligations.
Companies must provide the authorities with a free-text format document submitted to the filing office of the General Administration of Foreign Trade Audit, [in Spanish: AGACE], with the user name and password that are necessary to access the system.
B) Specific requirements for registering in the Company Certification Scheme, VAT and the Special Tax on Production and Services (IEPS) category, item A
• The return percentage is increased from 60% to 80% for companies that import or plan to temporarily import goods of the tariff items indicated in Annex II of the Decree for the Development and Operation of the Maquiladora Export Industry, [in Spanish: IMMEX], and/or in Annex 28.
C) Obligations for Registering in the Company Certification Scheme
• The obligation to notify the General Administration of Foreign Trade Audit, (AGACE), through the Single Window for Mexican Foreign Trade, [in Spanish: VUCEM] is repealed, when any change is made in the corporate name, tax domicile, or in the addresses where the productive process is carried out, as well as the registration of new facilities where economic or foreign trade activities are performed.
• It will be obligatory to provide notice to the General Administration of Foreign Trade Audit (AGACE), through the Single Window for Mexican Foreign Trade (VUCEM), when there are changes regarding the document that confirms the legal use and enjoyment of the real property or properties where the productive processes or the rendering of services are carried out, with regard to the period of validity, the parties involved, and the domicile.
• If a company registered in the Company Certification Scheme needs to import goods, in addition to those indicated in the description of activities related to the productive processes, as submitted in the registration application, then it must be notified by means of Information Sheet 154/LA, contained in Annex 2, at least thirty days prior to the first importation of such goods.
D) Grounds for request for Registration in the Company Certification Scheme.
• Being included in the list of companies published by the Tax Administration Service, (SAT), pursuant to Article 69-B Bis, ninth paragraph of the Federal Tax Code [in Spanish: CFF].
• Not proving that it has sufficient personnel to perform the productive process or provide the service according to the scheme and category obtained.
• For subcontracting services or specialized works, not complying with what is established in Article 27 of the Law on Income Tax.
• The General Administration of Foreign Trade Audit, (AGACE), will have a term of six months, counted as of the day following the date on which the taxpayer has responded to the request, for the issuance of a ruling.
E) Grounds for the cancellation and suspension of Registration in the Company Certification Scheme, VAT and the Special Tax on Production and Services, (IEPS), and Certified Business Partner categories.
• When the temporary importation of goods have not been returned.
• When the company impedes access to the personnel of the General Administration of Foreign Trade Audit, (AGACE), preventing them to perform oversight compliance with Registration in the Company Certification Scheme.
F) Considerations
This resolution will come into effect the day subsequent to its publication in the Official Gazette of the Federation [in Spanish: DOF].
New IMMEX Inventory Control for VAT Certified Companies and AEO (Annex 24 – C) must be fulfilled within a period of one month from the date this resolution becomes effective.
If you have any questions, J.A. DEL RÍO can provide you with our experts to advise you in matters concerning compliance with your legal and tax obligations. Once again, please let us know if we may be of any further assistance to you at: contacto@jadelrio.com