Customs Value Declaration in Mexico
The customs value declaration (manifestación de valor en aduana) 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 applicable upon the importation of goods.
The customs value declaration has been completed and delivered physically or digitally by importers of goods into Mexico.
Through several amendments to the customs legislation, it was determined that the customs value declaration must be completed and transmitted electronically through the Mexican Foreign Trade Single Window (“VUCEM”).
Notwithstanding the above, the VUCEM has not been enabled for the electronic transmission of the customs value declaration, so the authority modified the applicable legislation to extend its 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 (e.g. Third Transitory article of the Foreign Trade General Rules 2020).
How to 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 VUCEM is enabled for its electronic transmission, importers must continue completing and delivering the physical form of the customs value declaration, along with the customs value calculation sheet (hoja de cálculo), as has been done to date.
When should the customs value declaration must be completed and transmitted through VUCEM?
The importers will be obligated to comply with the electronic completing and transmission of the customs value declaration through the VUCEM. 90 (ninety) 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 VUCEM.
Will a power of attorney be required?
No, 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 are exempted from transmitting a customs value declaration?
Only companies that are certified as Authorized Economic Operators (AEO) are exempted from transmitting the customs value declaration for each temporary import made.
However, they 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 misissuing 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:
1.Reject the customs value of goods when the documentation provided contains false or inaccurate data, when it notices irregularities in the importer’s accounting, when data from foreign trade records is omitted or altered, among others.
Derived from the previous point, a fine from 130% to 150% of the foreign trade duties omitted would be applied according to the new customs value of the goods determined by the authority, as well as a fine from 55% to 75% of the omitted customs processing fee and value added tax.
2. If the customs value declaration contains inaccurate or false data regarding the value of the goods, the authority may impose a fine of $22,900.00 to $38,180.00 Mexican pesos.