What is the tax deposit regime and what kind of taxpayers can access it? Can all the goods be deposited? What is the letter?
The current customs legislation contemplates a total of six customs regimes that are broken down to cover the totality of international trade operations that can be perfected in our country. We must consider that the customs regimes refer to the treatment or destination that is assigned to the goods subject to customs control.
Tax deposit regime
This is the temporary storage of domestic or foreign goods in a General Warehouse (AGD) , a site that must be accredited by the tax and customs authorities in the terms set forth in the General Law of Organizations and Auxiliary Activities of Credit . We can consider the tax deposit system as a “limbo customs” , since it allows to postpone the selection of the regime that will be assigned to the goods deposited there, provided that foreign trade taxes, compensatory payments and compliance with foreign trade taxes are determined in advance. the non-tariff regulations applicable at the customs office.
The goods destined to the regime of fiscal deposit will be in custody, conservation and responsibility of the AGD from the moment in which this one emits the letter fit through its electronic system linked with the Service of Tax Administration (SAT). The merchandise may remain stored for a maximum period of twenty-four months , during which time it may be subject to conservation, exhibition, labeling, packaging, examination, demonstration and sampling , provided that for no reason is it altered or modified. nature or taxable bases.
The AGD can request from the SAT the addition of different wineries that operate under the scheme applicable to the regime , some large companies have even requested the AGD to enable the fiscal deposit within their own facilities , thereby enhancing the disposal and control of their inventories . We can also consider that the regime allows the partial extraction of shipments, thus adjusting to the commercial and financial needs of the companies.
The warehouses qualified as AGD may store any other type of domestic or foreign merchandise other than the fiscal deposit regime , provided that the AGD keeps them isolated and with a correct visual identification . They may also be transferred to other warehouses in the same warehouse as AGD or transferred to a different warehouse, provided that they are accompanied by their respective request and letter.
What is the letter fit?
It is the electronic document that expresses the acceptance of the warehouse to receive the goods that will be subject to the regime . It has the function of acting as a means of information exchange between the Tax Administration Service (SAT), the Customs Agent and the AGD to efficiently manage the customs clearance of the goods.
Are there any restrictions for storage in the tax warehouse?
Article 123 of the Customs Law states that there are different types of goods that are not susceptible to enjoy the benefits of the regime , which are indicated in rule 4.5.9. of the General Rules of Foreign Trade , which include:
- Weapons, ammunition, explosive, radioactive, nuclear and polluting goods.
- Chemicals and essential chemicals.
- Diamonds, diamonds, rubies, sapphires, emeralds and natural or cultured pearls or jewelry manufactured with precious metals or with stones or pearls, watches, jade articles, coral, ivory and amber.
- Vehicles, except for some particular exceptions.
- Merchandise classified between chapters 50 to 64 of the Law on General Import and Export Taxes (LIGIE).
- Pure mineral oil oils, gasoline, fuel oil.
- Toys and video game consoles, only in case of residents abroad.
Destination of goods stored in a fiscal warehouse
The goods subject to the regime have postponed the final destination to which they will be incorporated, for example, if they are national goods that entered the AGD , they are considered effectively exported and can enjoy the corresponding tax benefits , however they can be reincorporated into the country.
National merchandise may be destined to:
- Definitive export.
- Reincorporation to the national market.
Foreign merchandise may apply for:
- Final importation.
- Return to the foreigner.
- Temporary importation by companies with IMMEX program.
Other forms for the fiscal deposit
The Customs Law establishes requirements , operation and characteristics of the AGD that function as a fiscal warehouse; However, there are a total of three different modalities that are broken down in article 121 of the aforementioned order, with specific characteristics for the regime, which are analyzed below:
- Duty Free . These are premises for the exhibition and sale of domestic and foreign merchandise established in international, border and maritime high altitude air ports . Here the goods are not subject to the payment of foreign trade taxes, provided they are intended for sale to passengers leaving the country directly and the goods are delivered to the points of departure from the country.
The spaces authorized under this scheme may introduce samples, samples, watches and jewelery items made with precious metals or with diamonds, diamonds, rubies, sapphires, emeralds and natural or cultured pearls, cigars and merchandise classified in chapters 50 to 64 of the LIGIE
Other virtues that the regime offers in this modality is the facility for the destruction of obsolete, expired, damaged or unusable merchandise, as well as the regularization of possible inventory thefts.
- International Exhibition Centers. The premises are authorized to receive a kind of temporary inventory that will be displayed in the premises and can be used for sale. The importation of promotional material of free distribution among the attendees of the exhibition is allowed and they will be able to enter classified articles between chapters 50 and 64 of the LIGIE.
- Automotive Industry Terminal. This is a modality aimed at companies in the terminal automotive industry that are engaged in processes of assembly and manufacture of vehicles, to consult the benefits that should be referred to the General Foreign Trade Rule 4.5.31. which details the application of more than twenty benefits for the scheme.
Update of contributions
At the time of their introduction to the fiscal deposit they must opt for any of the two methods of updating indicated:
- In terms of article 17-A of the Fiscal Code of the Federation, considering the variations of the National Consumer Price Index published by the Bank of Mexico.
- Exchange variation published in the Official Gazette of the Federation.
The choice of the updating method will be settled in the corresponding request and will be applied at the moment of extracting the goods.
In conclusion, the Tax Deposit regime is an excellent option to defer the payment of foreign trade contributions , considering its main benefits are the extraction in installments of the inventories, the subrogation of obligation in favor of a third party , the facilities that has the scheme to maintain the merchandise , the possibility of being exhibited and its different application modalities .
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The comments or opinions contained in the articles published in Soy Conta, are the responsibility of the author, and may be different from the criteria given by the tax authorities; neither do they represent advice, advice or provision of services of any kind. 2018. Total or partial reproduction is prohibited.