On April 7, 2015, the Ministry of Finance and Public Credit (“SAT”) published in the Federal Official Gazette the Foreign Trade General Rules for 2015 which impose, through rule 5.2.16, certain permanent obligations on companies which have secured VAT/IEPS Certification.

The entry into force of certain permanent obligations was deferred to July 1, 2015, reason why it is important for companies to pay special attention to them.

Key aspects

On July 1, 2015, sections VII and VIII of rule 5.2.16 of the Foreign Trade General Rules for 2015 will enter into force. They govern the following permanent obligations:

“VII. Taxpayers under an IMMEX program shall electronically register the companies with whom they carry out virtual transfer operations, as well as the Federal Registry of Taxpayers (RFC) data of the companies with whom they perform sub-maquila processes, pursuant to the rules published by the Tax Administration Service (SAT) to that effect.

VIII. The companies operating under the bonded warehouse for vehicle assembly and manufacture process shall electronically register the companies with whom they prepare export transfer certificates.”

It is worth mentioning that the SAT has not published yet any guidelines or specifications on how to report this information. Consequently, SAT may defer the date in which such obligations will become effective.

Nevertheless, as previously mentioned, it should be taken into account that current provisions establish that said obligations will become effective on July 1, 2015, pursuant to transitory provision no. 18 of the Foreign Trade General Rules for 2015.

The breach of said obligations may lead to a proceeding to downgrade the modality under which its VAT and IEPS Certification is granted, or to a cancellation proceeding, pursuant to rules 5.2.17 and 5.2.21, respectively, of the Foreign Trade General Rules for 2015.

The Foreign Trade practice group of our Firm is at your service so as to help you duly comply with the permanent obligations under analysis, to prevent any event that may jeopardize your VAT and IEPS Certification.