IMMEX Companies with VAT Certification in Mexico: New Consistency Criteria for Renewals and Associated Risks

Context

Companies operating under Mexico’s Certified Companies Scheme, IVA and IEPS modality (“CIVA”) that did not file the notice required under Rule 7.2.1, Section X, of Mexico’s current General Rules for Foreign Trade, covering all tariff classifications for goods they temporarily import, including both inputs and fixed assets, will be unable to make such imports under their CIVA certification. As a result, these companies will be required to make the imports on a definitive basis and pay the corresponding Mexican Value Added Tax (IVA).

New Criteria Applied by the Mexican Customs Authority

CIVA renewal applications that have remained pending since 2025 are now beginning to be resolved with an additional relevant element: Mexico’s customs authority is issuing renewal resolutions that include a specific list of authorized tariff classifications. This validates that those tariff classifications are consistent with the company’s production process and with the economic activities reported by the company when it obtained its certification.

Practical Implications

When issuing a CIVA renewal resolution, Mexico’s customs authority may determine that certain tariff classifications are not eligible for operations under the CIVA scheme. Companies that temporarily imported such goods during the period in which their renewal remained pending could face:

• Invitation letters from the Mexican tax authorities requesting that the corresponding IVA be regularized and paid.

• The assessment of inflation adjustments and surcharges on amounts that were not properly paid.

Recommendations

It is essential to conduct a preventive review that includes:

1. The notices regarding tariff classifications filed with the Mexican customs authority.
2. The consistency between the tariff classifications used and the authorized production process.
3. The economic activities registered as part of the company’s CIVA certification.
4. The risks associated with transactions carried out during the period in which the CIVA renewal remained pending.

Conclusion

Prevention remains the best customs compliance strategy in Mexico. Anticipating a potential contingency will always be less costly than addressing it after the Mexican authorities have identified it. We recommend that our clients conduct this review immediately in order to identify and mitigate potential tax exposures.

For further information or assistance in reviewing your CIVA certification in Mexico, please do not hesitate to contact our team.