Since the 2013 fiscal year, the Customs Act was amended and the obligation to submit a written statement, under oath, to the customs agent, as to the items included in the determination of the customs value of the merchandise was included; in addition to preserving a copy of said declaration and obtaining the information, documentation and other necessary proof to evidence the declared value has been ascertained in accordance with applicable provisions of this Law and presentation thereof to the customs authorities when required, however, it did not become effective as it lacked regulation.
On April 20, 2015, the Tax and Treasury Department (Secretaría de Hacienda y Crédito Público (SHCP)) published the new Regulations to the Customs Act on the Federal Official Gazette (Diario Oficial de la Federación (DOF)), which became applicable as of June on the same year.
Aforesaid regulations establish the following requirements:
I. Commercial invoice;
II. Bill of lading, packaging list, airway bill or other transportation documents;
III. Document evidencing origin, when applicable, and place of origin of the merchandise.
IV. Warranty customs account when applicable;
V. Proof of payment for the Merchandise, such as electronic wire transfer of the payment or letter of credit;}
VI. Transportation expenses document, insurance and related expenses corresponding to the applicable transaction.
VII. Agreements in connection with the transaction of the Merchandise object of the operation;
VIII. Attach the documents supporting the increases to be part of the value of the imported merchandise, such as the payment of commission and brokerage expenses, packaging expenses borne by the importer, transportation expenses, insurance and related expenses, payment of royalties and licensing fees in connection with the merchandise, among others.
IX. Any other information and documentation necessary for determining the customs value of the Merchandise.
This documents will be required by the custom agents from October 17th , 2016 however, the last October 7th, a was issued a Preliminary Draft Resolution on Amendments to the General Rules of Foreign Trade in which the beginning of this obligation is extended until June 01, 217, which gives more time to taxpayers to support the documentation and make sure that all the information is completed. It is important to note that even this draft has not been published in the Mexican Official Gazette, so we will wait publication for its proper application.
On the General Foreign Trade Regulations, there are some exceptions for IMMEX companies under the Company Certification Scheme for VAT and IEPS mode to refrain from submitting the declaration and value temporary imports processed under its program, however, this does not exempt the taxpayer from having all the documents and information required by the regulations and that may be requested by the customs Authority at any time.
Finally, we suggest you contact your foreign trade consultants in order to make sure that the new dispositions have been carried out accordingly to the new tax regulations described in this document.
