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ARTICLES

LEGAL RESOURSES

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$ 18.67

    • ARTICLE 117: DETERMINATION OF A PROVISIONAL CUSTOMS VALUE FOR THE CONTRACTING OF A GLOBAL INSURANCE POLICY

     

    For the purposes of the provisions of article 65, section I, subsection d) of the Law (LA: Art. 65), the importer may determine a provisional customs value when it has contracted a global insurance policy of annual transport (RGCE 2022: Anexo 1) and cannot determine the amounts that must be increased for each operation for the price paid for the merchandise, provided that it complies with the following:

  • Increase to the price paid for the merchandise, by way of insurance, the amount that results from applying to said price the factor obtained by dividing the cost of the global insurance of the previous year by the value of the imports of insured merchandise that it have made same year.

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    When the taxpayer initiates import activities or in the immediately preceding year has not contracted a global insurance policy of annual transport and, for that reason, does not have the corresponding information of the previous year, shall increase to the price paid for the merchandise, by insurance concept, the amount that results from applying to said price the factor that is obtained by dividing the cost of the global insurance of annual transport in force at the time of the importation by the value of the imports that it considers to be carried out within the coverage period of the aforementioned cite;

     

  • Submit the rectification of the customs declaration (pedimento) by correcting the customs value of the merchandise, determined provisionally, by means of a complementary declarations, in which the amounts corresponding to insurance are actually indicated, paying the updated contributions and the surcharges caused that result from the definitive determination of the customs value, in accordance with the provisions of article 89 of Law (LA: Art. 89) and in the Federal Fiscal Code (Código Fiscal de la Federación), and

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  • Present the complementary declarations referred to in the previous section, within the month following the expiration date of the term of coverage of the global insurance of annual transport.

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    In the event that the importer does not present the complementary declarations within the period indicated in this section, the customs values declared provisionally will be considered definitive for all legal purposes.

     

    Those who exercise the option established in this article, must submit a notice to the Customs Authority, in the official form approved by the Service Tax Administration (Servicio de Administración Tributaria) (RLA: Art. 1) (RGCE 2022: Anexo 1) (RGCE 2022: Regla 1.6.5), and must be transmitted in Electronic Document (LA: Art. 2) or Digital (LA: Art. 2) the policy referred to in the first paragraph, in addition to the documents indicated in article 36-A of the Law. (LA: Art. 36A)