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Revisting maquiladora operating models: Strategic alternatives.
Revisting maquiladora operating models: Strategic alternatives. Background. The maquiladora regime has been a central component of Mexico’s manufacturing growth since the 1990s, driving foreign direct investment, particularly in sectors such as automotive, electronics, and medical devices. This regime allows multinational corporations to establish manufacturing operations in Mexico under the IMMEX program, which grants fiscal and tariff exemptions when importing machinery, equipment, and raw materials to produce goods for export.
Second resolution of amendments to the miscellaneous fiscal resolution for 2024
Renewal of the Qualified Maquiladora Approach Agreement
September 19, 2024 Renewal of the Qualified The IRS and Mexico’s Servicio de Administración Tributaria (SAT) have agreed to again renew the Qualified Maquiladora Approach Agreement (QMA), a coordination arrangement previously renewed between the U.S. and Mexican competent authorities in 2020 (2020 Renewal QMA). The 2024 renewal applies for the Mexican taxable years ending December 31, 2020, through December 31, 2024. The QMA allows a U.S. taxpayer to avoid double taxation on the contract manufacturing and assembly functions performed by its maquiladora if the Mexican taxpayer enters into a unilateral advance pricing agreement (APA) with the Large Taxpayer Division (Administración General de Grandes Contribuyentes) of the SAT under terms negotiated in advance between the competent authorities.
Reform to the Federal Judicial Banch
September 19, 2024 Reform to the Federal Judicial Branch The constitutional reform initiative that modifies the Federal Judicial Branch has already been approved by both chambers of Congress and is now being reviewed by the missing state legislatures. This reform involves significant changes that will take effect in September 2025, which presents challenges for judicial procedures initiated before that date.
Resolutions for companies providing maquila services from 2020 through 2024
On July 22, 2024, the Tax Administration Service (hereinafter “SAT”) updated its website regarding the “Resolutions for Companies Providing Maquila Services” (hereinafter the “Website”), pursuant to the renewal of the Qualified Maquiladora Approach agreement (“QMA”) by the SAT and the Internal Revenue Service of the United States of America (hereinafter “IRS”).
Presidential Proclamations Concerning Imports of Aluminium and Steel
July 10, 2024, Adjustments to Imports of Aluminum and Steel into the United States. Presidential Proclamations Concerning Imports of Aluminum and Steel. The White House today posted on its website two presidential proclamations concerning imports of aluminium and steel into the United States.
Tax incentives regarding income tax and value added tax
On June 28, 2024 The Executive Branch, through the Federal Official Gazette (DOF for its acronym in Spanish), published the Decree on fiscal benefits and administrative facilities regarding Income Tax (IT) and Value Added Tax (VAT), in order to promote economic growth in the State of Yucatan through the Progreso I and Merida I Industrial Wellbeing Poles.
Amendments to the national code of civil and family procedures
On June 4, 2024, the “Decree by which Articles 314 and 1144 of the National Code of Civil and Family Procedures are added” (the “Decree”) was published in the Federal Official Gazette (“DOF” for its acronym in Spanish”).
Mexican reform on labor exploitation
On June 7, 2024, a reform to the General Law for Preventing, Sanctioning, and Eradicating Crimes Related to Human Trafficking and for the Protection and Assistance of Victims of These Crimes (the “Law”) was published in the Federal Official Gazette (“DOF”).
Employer’s obligations on election days
What will happen in Mexico next Sunday, July 2? Mexico will hold an historic vote to elect the President of the Republic, in addition to renewing the Congress of the Union, governors, senators, local congresses, local deputies and mayors in different states of the Republic.
New resolution on the legends andimages to be displayed on tobacco product packages
On May 17, 2024, the “Decree by which the series of legends, images, pictograms, health messages, and information that must appear on all tobacco product packages and all external packaging and labeling thereof, to be applied as of September 1, 2024 and until June 30, 2026” (the “Decree”) was published in the Federal Official Gazette.
Mexican supreme court rules on the limit to profit sharing for employees
The Second Chamber of the Supreme Court of Justice of Mexico resolved, under the constitutional shelter appeal 633/2023 (“Amparo Trial” in Spanish), the constitutionality of section VIII of article 127 of the Federal Labor Law and the Guide for complying with profit sharing obligations (the “Guide”), issued by the Ministry of Labor and Social Welfare.
Banxico reduces the interest rate by 25 points
On March 21, 2024, the Governing Board of the Bank of Mexico decided to lower the target for the daily Interbank Interest Rate (the “Interest Rate”) by 25 points to a level of 11.00%.
Paternity leave draft reform
On December 12, 2023, the House of Representatives of the Mexican Congress approved the Draft Decree amending and adding various provisions of the Federal Labor Law (“LFT” for its acronym in Spanish) and the Federal Law of Workers in the Service of the State, Regulatory of Section B) of Article 123 of the Mexican Constitution (the “Draft”), through which it is intended to increase paternity leave in the event of birth and/or adoption of an infant.
REPSE Renewal
On February 21, 2024, the Ministry of Labor and Social Welfare (“STPS” for its acronym in Spanish) issued an agreement amending the Ministerial Order that sets forth the general provisions for the registration of individuals or legal entities that provide specialized services or execute specialized works referred to in Article 15 of the Federal Labor Law (the “REPSE Order”).
Joint and several liability for members and shareholders in tax matters
In the tax field, it is crucial to understand the extent of the liability of the members and shareholders of a company.
Improvements to the 2023 annual statement for legal entities
On January 4th, 2024, the new application for the Annual Income Tax Statement for Legal Entities (“Annual Statement”) was published on the Tax Administration Service (“SAT” for its acronym in Spanish) portal, with significant improvements to facilitate compliance with this obligation, among which the following points stand out:
New nom issued to regulate co2 emissions in motor vehicles
On January 3rd, 2024, Mexican Official Standard NOM-163-SEMARNAT-SCFI-2023 (“NOM- 163”) related to carbon dioxide (CO2) from motor vehicles exhausts emissions was published in the Federal Official Gazette (“DOF” for its acronym in Spanish).
Increase in the value of the UMA for the year 2024
On January 10, 2024, the National Institute of Geography and Statistics published in the Federal Official Gazette the increase of the Measurement and Updating Unit (hereinafter “UMA” for its acronym in Spanish) for the year 2024.
Reform to the securities market law and investment funds law
On December 28, a decree issued by the Executive Branch was published in the Federal Official Gazette, which repeals, amends and adds several provisions to the Securities Market Law (hereinafter “”LMV” for its acronym in Spanish) and the Investment Funds Law (hereinafter “LFI” for its acronym in Spanish).
Increase in the minimum wage in Mexico for the year 2024
On December 12, 2023, a resolution issued by the Council of Representatives of the National Minimum Wage Commission was published in the Federal Official Gazette, which established the new general and professional minimum wages effective as of January 1, 2024.
Nom that contemplates the listing of hazardous substances and materials and their transportation process
On December 18, NOM-002-SCT-SEMAR- ARTF/2023, List of Hazardous Substances and Materials (Dangerous Goods) (“NOM” for its acronym in Spanish), issued by the Ministry of Infrastructure, Communications and Transportation, was published in the Federal Official Gazette (“DOF” for its acronym in Spanish), specifying the hazardous goods and the measures that must be taken for their proper transportation.
Termination of slot machine permissions
On November 16, a decree issued by the Executive Branch was published in the Federal Official Gazette, which repeals, amends and adds various provisions to the Regulations of the Federal Gaming and Betting Law.
Decree amending New reform allows meetings to be held remotely through electronic means
Several provisions of the General Law of Commercial Companies” was published in the Federal Official Gazette (“DOF” for its acronym in Spanish), which contemplates the use of electronic, optical or any other technology for companies to make decisions through Meetings, Resolutions, and/or Board Sessions.
Amendment to provisions applicable to financial entities providing investment services
On September 13, 2023, the Ministry of Finance and Public Credit together with the National Banking Commission (hereinafter “CNBV” for its acronym in Spanish) published the resolution that amends the “General provisions applicable to financial institutions and other persons that provide investment services” (hereinafter the “Provisions”), published on January 9, 2015 in the Federal Official Gazette (hereinafter “DOF” for its acronym in Spanish).
Temporary amendments to Mexican tariffs
On August 15, 2023, the Mexican Executive Branch temporarily amended, pursuant to Article 131 of the Mexican Constitution, several applicable tariffs to products set forth in the Tariff of the Law of General Import and Export Taxes dated June 7, 2022. The temporary increases could increase from 5% up to 25% in import tariffs for 392 products
Justification and motivation of the minimum fines
The Tax Administration Service must consider different aspects when determining a fine to taxpayers. Such fine must be legally justified and reasoned by the authority, in order to comply with the proper procedure.
Mexican official standard to-be-published regarding the prohibition of the use of genetically modified corn
The Federal Government is about to publish a Mexican Official Standard (“NOM”, for its acronym in Spanish) that seeks to prohibit the use of genetically modified corn in the production of dough, tortillas, tostadas, and other corn products, after the president of Mexico has stated that genetically modified corn could have a negative impact on the health of Mexican citizens.
Semarnat presents draft standard to reduce CO2 emissions in new cars
On June 9, 2023, the Mexican Ministry of Environment and Natural Resources (hereinafter “SEMARNAT” for its acronym in Spanish) in collaboration with the Mexican Association of the Automotive Industry, A.C., published a draft Mexican Official Standard called NOM-163- SEMARNAT-SCFI-2023 (hereinafter the “NOM” for its acronym in Spanish) in the Federal Official Gazette (“DOF” for its acronym in Spanish). This NOM will be applicable to new vehicles with a gross weight between 400kg and 3,857kg that use gasoline, diesel, alternative fuels, and vehicles whose motorization is hybrid of any specification.
Draft of mexican official standard regulating LP Gas storage facilities published
On June 21, 2023, the Draft of Mexican Official Standard PROY-NOM-017-ASEA-2023 (hereinafter the “Draft”) was published in the Federal Official Gazette (“DOF” for its acronym in Spanish). The purpose of the Draft published by the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector (“ASEA” for its acronym in Spanish) is to regulate Liquefied Petroleum Gas (“LP Gas”) storage facilities.
Significant changes in glyphosate and genetically modified corn mexican regulation
On February 13, 2023, a decree was published in the Federal Official Gazette that brings with it a series of significant modifications and measures related to the use and distribution of glyphosate and genetically modified corn (hereinafter the “Decree”).
Mexican official standard for the safety and well-being of remote workers is published.
On Thursday, June 8, 2023, the Mexican Official Standard NOM-037-STPS-2023 Teleworking – Safety conditions in the workplace was published in the Federal Official Gazette (hereinafter the “NOM” for its acronym in Spanish), which covers basic labor rights, occupational safety and health, discrimination and harassment in the workplace, fair remuneration, working hours, social protection, employment contracts, data protection and privacy, computer security, employer liability and other aspects of online work.
Mexican companies: forced to evolve in an ever-changing market
The current market in which Mexican companies find themselves in is constantly changing. Thus, they are obliged to update themselves along with the market if they do not wish to be left behind. For this reason, it is necessary that companies are open to all kinds of changes, such as mergers between companies, structural changes in their processes and internal organization and even a complete renewal as a brand and/or the purchase and/or sale of new lines of business; Mexican companies must develop new strategies and not focus on the previous market, instead they must be constantly changing as the market itself does.
The national code of civil and family procedures is issued
On June 7, 2023, the decree issuing the National Code of Civil and Family Proceedings (“CNPCF” for its acronym in Spanish) was published in the Federal Official Gazette, which seeks to standardize the procedural rules of the federal entities so that all the different procedures that are carried out in the states of the country are concentrated in a single procedure.
Supreme court declares invalid the executive order issued by the federal government to promote government projects
The Mexican Supreme Court of Justice (“SCJN” for its acronym in Spanish) has declared as invalid the executive order issued by the Federal Government on November 22, 2021 in the Federal Official Gazette (“DOF” for its acronym in Spanish), through which the execution of certain projects and works by the Mexican Government were declared of public interest and national security, as well as the instruction to the departments of the Federal Public Administration to grant provisional authorizations for all works and projects considered of public interest and national security (hereinafter the “Executive Order”).
Deadline to legitimize the collective bargaining agreements of Mexican companies
As a result of the 2019 labor reform, labor unions in Mexican companies are required to consult the collective bargaining agreement (hereinafter “CCT” for its acronym in Spanish) so that workers can exercise their vote in a democratic manner and express their agreement or disagreement with the conditions set forth in the CCT.
The Ministry of Finance and Public Credit introduced Mexico ́s sustainable taxonomy
During the 2023 Banking Convention in Merida, Yucatan, the Undersecretary of Finance presented Mexico’s Sustainable Taxonomy, which was developed by more than 200 technical experts from a range of industries, different sectors, and international organizations.
“Menstrual leave” proposal sent to the Mexican Congress
This past February, the Congress of Mexico City approved two initiatives that seek to amend various federal labor laws in order to grant work permits (also known as “Menstrual Leave”) to menstruating persons who have disabling dysmenorrhea.
Supreme Court removes acreditation of VAT in compensations
On March 15, 2023, the Supreme Court of Justice of Mexico established a core precedent where the civil compensation is not a form to extinguish obligations between creditor and debtor, nor a mean of payment of Value Added Tax (Hereinafter “VAT”) for its accreditation and refunding.
Nearshoring: explaining the business model that concentrates 80% in Mexico.
According to Jair Bravo, managing partner of the Law Firm Bravo Abogados, Mexico is the fourth most attractive country for nearshoring investments, surpassed only by Japan, Canada and the United States. The spokesperson informed that thanks to its geographical location, Mexico concentrates 80% of the nearshoring market at a global level.
The New Organic Statute of the Mexican Oil Institute
On February 20, 2023, the Mexican Petroleum Institute (hereinafter the “IMP”) published its new organic structure, its functions, and attributions for each of its areas.
Second Resolution of Modifications to the Miscellaneous Tax Resolution for 2023: First Anticipated Version
On February 28, 2023, the Tax Administration Service (hereinafter “SAT” for its acronym in Spanish) published the first anticipated version of the Second Resolution of Amendments to the Resolution to the Tax Miscellaneous Resolution for 2023 (hereinafter “RMF” for its acronym in Spanish).
Mexican Official Standard NOM-001- SEMARNAT 2021, Which Establishes the Permissible Limits of Pollutants in Wastewater Discharges into Receiving Bodies Owned by the Nation.
On March 11, 2022, the Mexican Official Standard NOM-001-SEMARNAT-2021 (hereinafter “NOM001”) was published in the Official Gazette of the Federation, which establishes the permissible limits for pollutants in wastewater discharges into receiving water bodies owned by the Mexican State.
Taxation and Collection Master Plan 2023
On January 29, 2023, the Tax Administration Service (hereinafter the “SAT”) unveiled the master plan for auditing and collection for 2023, where new areas on which the SAT will focus to carry out its auditing actions, with the intention of improving tax and customs compliance and obligations carried out by taxpayers.
General Law of Alternative Dispute Resolution Mechanisms
On February 2, 2023, Senator Olga Sanchez Cordero presented before the Senate of the Republic an initiative of project of Decree issuing the so-called “General Law of Alternative Dispute Resolution Mechanisms”.
Agreement Establishing the Goods Whose Importantion is Subject to Regulation by The Ministry of Labor and Social Welfare
On February 17, 2023, the Agreement that establishes the goods whose importation is subject to regulation by the Ministry of Labor and Social Welfare (hereinafter the “Agreement”) was published in the Official Gazette of the Federation, which represents an effort by the Mexican government to comply with one of its many obligations under the Treaty between the United Mexican States, the United States of America and Canada (hereinafter the “T-MEC”) by implementing a system of prohibition against forced or compulsory labor.
Labor Reform to be Effective in 2023: Dignified Vacations
On December 15, 2022, the Mexican Senate approved the ruling on vacation time for its legislative procedure, which seeks to increase the vacation period for all working people in Mexico. This new regulation was published in the Official Federal Gazette on December 27, 2022; however, it will take effect until January 1, 2023.
The Senate Unanimously Approves Labor Reform of “Dignified Vacation”
The Mexican Senate unanimously approved a labor reform that establishes amendments to Articles 76 and 78 of the Federal Labor Law (“LFT”) in order to extend from 6 to 12 days of annual vacation leave for workers who have worked for more than one year. The bill is pending discussion and, if applicable, approval by the Chamber of Deputies. If approved, the bill will enter into effect on January 1, 2023 or the day after its publication in the Oficial Gazette of the Federation (“Diario Oficial de la Federación”), if such publication is made in 2023.
SAT Publishes the Second Early Version of the Ninth Resolution of Modifications to the Miscellaneous Tax Resolution for 2022
On November 1st, 2022, the Tax Administration Service (hereinafter, “SAT”) published the second anticipated version of the Ninth Resolution of Amendments to the Miscellaneous Tax Resolution for 2022 (the “RMF”) on its website, which may be subsequently amended until its publication in the Official Gazette of the Federation (hereinafter, “DOF”).
Protection to Foreign and Mexican Investment
Foreign investors are protected in Mexico by a series of International Treaties executed by and between Mexico with several sovereign countries around the world.
Labor Reform – Extension of Implementation
La reforma fiscal genera nuevas cargas, no solamente para los BC de los Vehículos Legales, sino también para sus Partes Relacionadas. En caso de incumplimiento con las obligaciones fiscales contenidas en los apartados siguientes, las autoridades tienen la facultad de imponer sanciones como multas, sanciones de carácter penal, embargos, entre otras, en contra de los Vehículos Legales y sus Responsables Solidarios.
SAT publishes the first early version of the Ninth Resulation of Modifications to the Miscellaneous Tax Resolution for 2022
On October 25, 2022, the Tax Administration Service (hereinafter, “SAT“) published the first anticipated version of the Ninth Resolution of Amendments to the Miscellaneous Tax Resolution for 2022 (the “RMF“) on its website, which may be subsequently amended until its publication in the Official Gazette of the Federation (hereinafter, “DOF“).
Labor Reform: Third Phase Implemented in Nuevo Leon
Today was published in the Federal Official Gazette the Decree enacting the Law of General Import and Export Taxes (hereinafter the “Law”)
Mexico. Labor.
On October 3, 2022, the third and last phase of the Labor Reform approved in previous years regarding labor justice, conciliation and jurisdictional labor procedures was implemented in the State of Nuevo León, thereby entering into operation the newly created Labor Conciliation Center in the State of Nuevo León, and also beginning its operations the Labor Courts and Tribunals which will now be dependent of the Judicial Branch.
Tax Reform: Controlling Beneficiaries
La reforma fiscal genera nuevas cargas, no solamente para los BC de los Vehículos Legales, sino también para sus Partes Relacionadas. En caso de incumplimiento con las obligaciones fiscales contenidas en los apartados siguientes, las autoridades tienen la facultad de imponer sanciones como multas, sanciones de carácter penal, embargos, entre otras, en contra de los Vehículos Legales y sus Responsables Solidarios.
Third Resolution: Miscellaneous Tax Resolution for 2022 (“MTR”)
El 29 de abril de 2022 se publicó en el Diario Oficial de la Federación (en adelante, el “DOF”) la RMF. Esta publicación señala los puntos principales de la RMF y excluye aquellas industrias que no son aplicables a nuestros clientes.
Decree: Enacting the General Law of Import and Export Taxes.
Today was published in the Federal Official Gazette the Decree enacting the Law of General Import and Export Taxes (hereinafter the “Law”)
International Investment Treaties (APPRIS) and Commercial Treaties
How can a National Citizen benefit from a Protection Agreement in his own country?
Decree: Prohibiting the Commercialization of Electronic Cigarettes
Decree prohibiting the circulation and commercialization of Electric Cigarettes of the Ministry of Health
Decree: Prohibiting the Commercialization of Vaporizers
Decree prohibiting the circulation and commercialization of vaporizers of the Ministry of Health
Foreign Trade: General Rules and Criteria
General rules and criteria on foreign trade matters of the Economy Ministry
Joint Inspection Program of Cargo promoted by the National Customs Agency of Mexico (Joint Dispatch)
In July 2016, the Joint Cargo Inspection Program promoted by the National Customs Agency of Mexico, which is the decentralized administrative agency of the Ministry of Finance and Public Credit in charge of customs in the country, came into force.
Decree: Amending of the Mining Law
Decree amending and adding several provisions of the Mining Law.
Memorandum on Border Security
Memorandum of Understanding between the State of Texas and the Free and Sovereign State of Nuevo León
Profit Sharing (EPS) Rules for 2021​
Employee Profit Sharing (EPS) APPLICABLE RULES FOR 2021
Investigations Initiated by the Federal Antitrust Commission (2022)
Investigations initiated in March 2022 by the Federal Antitrust Commission (“COFECE”).
Mexico City Tax Benefits 2022: Write-offs
On March 22, 2022, both the “General Resolution through which the payroll tax is canceled in favor of the indicated taxpayers” and the “General Resolution through which property tax exemptions are granted in favor of the indicated taxpayers” were published in the Official Gazette of Mexico City (“CDMX”).
Economic Package and Fiscal Reforms 2022
On September 8, the Economic Package for 2022 was presented to the Chamber of Deputies, which includes the General Economic Policy Criteria for 2022
Legal Defense Against Tax Reforms
On December 23, 2021, a Decree was published in the Official Gazette of the State of Nuevo León, amending, adding and revoking several provisions of the Tax Law of the State of Nuevo León (“LHENL”), which includes the incorporation of Article 154 Bis, which broadens the purpose of the Payroll Tax (“ISN”).