On October 14, 2024, the Tax Administration Service (“SAT” from its acronym in Spanish) published the Second Resolution of Amendments to the Foreign Trade General Rules for 2024, adding the obligation to submit a “notice of addition of Harmonized Tariff Schedule Codes (the “Notice”) before the General Administration of Foreign Trade Audit (commonly known as “AGACE”).
Therefore, companies registered under the Certified Company Registry, VAT and IEPS modality (“VAT Certification”) planning the importation of goods subject to Harmonized Tariff Schedule Codes (“HTS codes”) not previously included in the production process of their original application, must submit this Notice. The Notice must be filed at least 30 days prior to the first importation of said goods.
Given that the Notice is already available in the Mexican Foreign Trade Digital Window (“VUCEM”), AGACE has recently sent invitation letters to companies registered under the VAT Certification, requesting compliance with this obligation. Failing to comply with this Notice will initiate the procedure of cancellation of the VAT Certification, and consequently, the benefits of said Certification will be suspended.
Key Recommendations
If you received an invitation letter, or are in the process of preparing the Notice, we recommend the following:
- This Notice is not just a simple format. The filing of this Notice involves a more analysis and knowledge of the operation.
- It will be required to review the productive processes originally reported at the time of securing the VAT Certification (before AGACE) and of the current procedures.
- It is important to take into consideration future operation plans for adjusting and filing the Notice in a timely manner.
- We suggest carefully reviewing the official forms to be filed to understand the technical requirements and information that must be included.
Please note that AGACE has intensified the monitoring and auditing of companies holding a VAT Certification; thus, it is important to verify compliance with this obligation to ensure that the benefits of this Certification are not suspended, which implies the payment of all VAT credited through the validity of the VAT Certification (in most cases this triggers payment of millions in VAT).
Should you have any questions about the compliance with this Notice, our Foreign Trade Team is ready to assist you.
Contact
Alejandro Martinez
amartinez@cuestacampos.com
Ana Victoria Parra
vparra@cuestacampos.com
THE ABOVE IS PROVIDED AS GENERAL INFORMATION PREPARED BY PROFESSIONALS WITH REGARD TO THE SUBJECT MATTER. THIS DOCUMENT ONLY REFERS TO THE APPLICABLE LAW IN MEXICO. WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURACY, NO RESPONSIBILITY CAN BE ACCEPTED FOR ERRORS OR OMISSIONS. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED ON AS LEGAL, ACCOUNTING OR PROFESSIONAL ADVICE BEING RENDERED.
