The customs value declaration is an official, prescribed form issued by the Tax Administration Service (SAT) through which importers declare to the customs authority the customs value of the goods. The customs value is the taxable base used to determine the duties and taxes that apply to the importation of goods.
The customs value declaration has historically been completed and delivered physically or digitally by importers of goods into Mexico.
However, through several amendments to the customs legislation, it was determined that the customs value declaration must now be completed and transmitted electronically through the Mexican Foreign Trade Single Window (VUCEM).
Notwithstanding the above, the functionality to transmit the customs value declaration electronically via the VUCEM has not yet been enabled, so the authority modified the applicable legislation to include electronic transmission, generating confusion as to how to complete and transmit it, since the SAT has regulated this matter in the transitory articles of the applicable legal provisions (eg, the third transitory article of the Foreign Trade General Rules 2020).
How do parties currently comply with the obligation to transmit the customs value declaration?
Until the SAT publishes the new official prescribed form of the customs value declaration and the functionality for its electronic transmission via the VUCEM has been enabled, importers must continue completing and delivering the physical form of the customs value declaration, along with the customs value calculation sheet.
When should the customs value declaration must be completed and transmitted through VUCEM?
The importers must comply with the electronic completion and transmission of the customs value declaration through the VUCEM 90 days after the new prescribed form is published on the SAT's website.
Who will be entitled to download the customs value declaration?
When the customs value declaration is completed and transmitted electronically, the importer must indicate the taxpayer ID of the individuals or customs brokers who may consult and download said customs value declaration from the VUCEM.
Will a power of attorney be required?
A power of attorney will not be necessary; the requirement to grant a power of attorney to the person who will complete and transmit the customs value declaration on behalf of the importer has been eliminated. This may be subject to changes by the SAT when it publishes the new prescribed form.
Who is exempt from transmitting a customs value declaration?
Only companies that are certified as authorised economic operators (AEOs) are exempt from transmitting the customs value declaration for each temporary import made.
However, AEOs must complete and keep the customs value declaration and any relevant information for each transaction since the SAT can require them to provide it at any time.
What penalties apply for not issuing or incorrectly issuing a customs value declaration?
When the SAT requires an importer to submit the customs value declaration and the importer fails to provide it or it contains errors, the SAT may reject the customs value of the goods. This can occur, for example, when the documentation provided contains false or inaccurate data, when the SAT notices irregularities in the importer's accounting or when data from foreign trade records is omitted or altered. A fine of 130% to 150% of the foreign trade duties omitted is applied, according to the new customs value of the goods as determined by the authority, as well as a fine of 55% to 75% of the omitted customs processing fee and value added tax.
If the customs value declaration contains inaccurate or false data regarding the value of the goods, the authority may impose a fine of Ps22,900 to Ps38,180.
For further information on this topic please contact Edmundo Elías-Fernández at Ramos, Ripoll & Schuster by telephone (+52 55 1518 0445) or email ([email protected]). The Ramos, Ripoll & Schuster website can be accessed at www.rrs.com.mx.