Changes to the benefit of VAT certified companies.

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TP LEGAL GROUP - CERTIFIED COMPANIES

CHANGES TO THE BENEFIT OF VAT CERTIFIED COMPANIES.

Dear friends:

On July 24, 2020, the Secretary of Finance and Public Credit (“Hacienda”) published in the Federal Official Gazette, the first amendment to the Foreign Trade General Rules of 2020.

The main impact of the amendment is to VAT certified companies. The only major benefit that Hacienda leaves to VAT certified companies is the VAT credit upon the importation of goods.  If your company operates under both the VAT certification program and the OEA certification, some benefits that were eliminated to VAT certified companies were transferred to the OEA certification.

Summary of the Amendment.

  • VAT certified companies will only have 5 benefits since most of its benefits have been eliminated.
  • Some benefits that the VAT certified companies had were transferred to the “OEA” certification or the Economic Authorized Operator.
  • Both the VAT certification and the OEA authorization requests or renewals will be subject to the payment of governmental fees.

Elimination of Benefits for VAT Certified Companies.

These are the main benefits that were eliminated for the VAT certified companies:

  • The immediate registration in the General and Sectorial Importer’s Registries.
  • No immediate suspension of the General and Sectorial Importer’s Registries (now given to the OEA certified companies).
  • The preferential terms for authorizing the VAT refunds.
  • The right not to file the value manifest (now given to the OEA certified companies).
  • Comply the non-tariff requirements within 60 days as of the date in which the customs administrative procedure begins.
  • The 36-month term for temporary importations (now given to the OEA certified companies).  Please note that the terms of 18 and 6 months will continue as provided by customs law and regulations.
  • For the electric and electronic sectors, individual identification data could be omitted (now given to the OEA certified companies).
  • Learn about any omitted duties or taxes by invitation letter instead of an audit.
  • Rectification of declarations within 3 months.
  • Right to downgrade the type of certification if it no longer met the AA or AAA requirements.
  • File monthly consolidated declarations (now given to the OEA certified companies).
  • Carry out the export procedure at its address.

VAT Certification is now subject to a Governmental Fee.

The amendment provides for a new governmental fee of MXN$29,748.00 (USD$1,383.63 at an Exchange rate of USD$1.000 per MXN$21.50) for each certification process.

The fee will apply as follows:

  • If you are filing for both the VAT, IEPS, or OEA certification, a fee will be required to be paid for each of the certifications.
  • If authorized for 2 or 3 years, payment must be made per year.
  • Fee needs to be paid prior to the renewal process.

For any questions or comments, please do not hesitate to contact us. 

Alejandro Pedrín   |   apedrin@tplegal.net
Héctor Torres-López   |   htorres@tplegal.net
Leobardo Tenorio-Malof   |   ltenorio@tplegal.net
Mauricio Tortolero   |   mtortolero@tplegal.net
Daniel Gancz-Kahan   |   dgancz@tplegal.net
Alejandro Ceballos   |   aceballos@tplegal.net
Elio Sánchez   |   ecsanchez@tplegal.net
Iván Curiel-Villaseñor   |   icuriel@tplegal.net
Raúl Escamilla-Sanromán   |   rsanroman@tplegal.net

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