Mexico is a country where the foreign investment is welcome, and worldwide it has been considered one of the countries with better conditions for the foreign investment, the above due to the geographical location and the several commercial trades signed, and the benefits granted to the Maquiladora for the development of their activities in our Country.
One of the main benefits granted to the foreign investment in Mexico is the called “IMMEX/MAQUILA Program”, which is a legal tool that according to current conditions allows performing temporally importations of goods, machinery and equipment required for industrial processes or services required for exportation.
The Ministry of Economy is responsible of issuing the authorization to Companies in Mexico of an IMMEX/MAQUILA Program one by Company, once the fulfillment of requirements of IMMEX/MAQUILA Program is accomplished; requirement published on the Official Newspaper dated November 2006.
The benefits granted by the IMMEX/MAQUILA Program are the possibility of importing (temporally) free of taxes and IVA, the goods, machinery and equipment required for industrial processes for the production, transformation or reparation of products of foreign origin temporally imported for exportation or fir an exportation service.
Shown below is referred the most important information related to the obtainment of an IMMEX/MAQUILA Program:
BENEFICIARIES OF THE IMMEX/MAQUILA PROGRAM:
Mexican companies that perform manufacture activities and services for exportation.
REQUIREMENT FOR THE OBTAINMENT OF AN IMMEX/MAQUILA PROGRAM:
Prove to be a Mexican Company that performs manufacture activities or services for exportation.
Categories of the Immex/Maquila Program:
- IMMEX Program for Companies Controller: When a program is related to manufacture activities of a certified company named controller and one or more controlled companies;
- Industry IMMEX Program: when an industrial process of elaboration of transformation or merchandise for exportation;
- Services IMMEX Program: when services for merchandise for exportation or services for exportation are performed, only for the development of certain activities that the Ministry of Economy establishes, after the opinion from the IRS Office.
- Shelter IMMEX Program: when a foreign company supplies technology or goods to Companies that does not have an IMMEX Program, and
- Tertiarization IMMEX Program: when a certified company that does not has facilities for transformation processes, but performs transformation processes through other companies registered under their Program.
TERMS OF PERMANENCE
- The goods temporally imported under an IMMEX/MAQUILA Program, would be able to stay in Mexico for the terms established on articles 108 from the Custom Law and article 4 from IMMEX Decree..- Up to 18 months, in the following cases:
a) Fuels, lubricants and other materials to be consumed during the production process of the goods for exportation.
b) Raw materials, parts and components that are destined entirely to integrate merchandise for exportation.
c) Containers and packaging
d) Labels and brochures
- Up to two years for containers and trailer containers.
- During the validity of the Program, in the following cases:}
a) Machinery, equipment, tools, instruments, molds and spare parts for the production process.
b) Equipment and apparatus for the control of pollution; For research or training, industrial safety, telecommunication and computing, laboratory, measurement, product testing and quality control; As well as those that are related in the management of materials directly related to export goods and others related to the production process.
c) Equipment for administrative development.
In order to have the benefits of an IMMEX/MAQUILA Program the fulfillment of terms and requirements from IMMEX Decree is required.
The issuance of the authorization of the Program will be granted with the commitment of annually perform foreign sales for an amount higher to $500,000.00 dollars, or its equivalent in national currency, or invoice exports, at least for 10% of its total billing.
The holder of an IMMEX Program must submit an annual report electronically, in relation to the total sales and exports, corresponding to the previous fiscal year, no later than the last business day of May, according to the format Rules and Criteria of General Character in Foreign Trade Matters to be known by the Ministry of Economy.
Additionally, for statistical purposes, you must submit a report to INEGI.
SUSPENSION CRITERIA OF AN IMMEX PROGRAM
The Ministry of Economy can decide to suspend an IMMEX program when the holder is in one of the following cases:
- When the annual report of operations is not submitted within the established period.
- When the provisions of article 11, section III of the IMMEX Decree are not complied with.
- If the company submitted the report but does not certify that it has made annual sales of more than US $ 500,000 or its equivalent in national currency, or invoice for exportation, at least for 10 % of the total billing from the Company.
- The company is located in any of the cases indicated within article 27 of the IMMEX Decree.
- At written request of the legal representative of the IMMEX Company.
Please contact our experts in foreign investment in order to obtain more information in regard to this subject.
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