Business Flat Tax Incentives for Maquiladoras
Business Flat Tax Incentives for Maquiladoras
October 12, 2011
Dear clients and friends
As follows you will find a summary of the important points of the Decree published today, by means of which they are established basically requirements for the application of the Maquila Incentive in Business Flat Tax matters (Federal Official Gazette NOV-5-07), this requirements will become valid on January 1 2012 and will be applicable for the periods of 2012 and 2013:
I. File final annual or monthly tax returns.
II. Don’t have fiscal determined credits, firm or not.
III. File auditor’s report or alternate information, in case of being obligated.
IV. File DIOT.
V. File DIEMSE.
VI. Do not be in liquidation.
VII. That the Tax ID number data is not false.
VIII. Comply with the obligations of article 24 of the IMMEX Decree.
IX. Have probationary documentation of the foreign trade operations.
X. Attend requirements in fiscal or customs matters.
XI. That the foreigner (provider or client), pointed in the customs declaration or invoice is not false or inexistent.
Furthermore it establishes that the noncompliance of fractions I-V is a cause of suspension of the Importers Registry, not withstanding this, it clarifies that fraction V will become valid when the Revenue Administration Service (SAT) appoints it by means of rules of general character. In relation to such, it is clarified that since January 2010 it was published such application in the SAT’s webpage, nevertheless until now it is established as an obligation for all the maquilas, considering that they have transfer pricing study or safe harbor, when previously it could be simply be used as a facility to avoid the presentation of the SH writ.
In addition, it clarifies that the noncompliance of any of the fractions or the lack of separation of the information of the maquila operations from those that are not in the annual tax return, it loses the right of incentive, and the authority will demand the payment of the quantities that should have corresponded to be paid to the taxpayers not applying the fiscal incentive, with the actualization and the corresponding extra charges.
* * * * * *
Contacts:
Guillermo Gómez
ggomez@mmc-mx.com
Tax Partner
Mauricio Monroy
mmonroy@mmc-mx.com
Tax and Managing Partner
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