IMMEX Program Requirements

Part 1: Foundational Corporate and Fiscal IMMEX Program Requirements

Before a company can be considered to apply for IMMEX, fulfilling the foundational legal and fiscal IMMEX program requirements is non-negotiable. This is the bedrock upon which the entire operation is built. The authorities are essentially asking: Is this a stable, legally sound, and fiscally responsible entity to which we can entrust these significant tax benefits?

1. Formal Legal Constitution

The applicant must be a legally constituted commercial entity in Mexico. The IMMEX program is granted to a Mexican corporate body, not to individuals or foreign corporations directly. While several corporate structures exist under the General Law of Commercial Companies (Ley General de Sociedades Mercantiles), the vast majority of manufacturing operations are established as either:

• Sociedad de Responsabilidad Limitada de Capital Variable (S. de R.L. de C.V.): Often preferred for its simpler administrative structure and flexibility, making it ideal for subsidiaries of foreign parent companies.

• Sociedad Anónima de Capital Variable (S.A. de C.V.): A more traditional corporate structure, suitable for more complex ownership arrangements or if the company plans to eventually seek public investment.

The process of incorporation must be formalized before a Mexican Notary Public, and the resulting articles of incorporation must be registered with the Public Registry of Commerce. This legal deed outlines the company’s purpose, capital structure, and governance, and serves as its foundational legal identity.

2. Federal Taxpayer Registry (RFC) and Digital Certificates

Upon incorporation, the company must register with the Tax Administration Service (SAT) to obtain its Federal Taxpayer Registry (RFC) number. The RFC is the unique fiscal identifier for the company in Mexico.

Equally important is securing the company’s Advanced Electronic Signature (e.firma). The e.firma is a secure, encrypted digital file that functions as the legal equivalent of a handwritten signature for all electronic government interactions. It is impossible to file taxes, submit official applications (including for IMMEX), or conduct most formal business in Mexico without a valid and active e.firma.

3. Immaculate Fiscal Health: The “Opinion of Compliance”

A cornerstone of the IMMEX program requirements is the submission of a positive “Opinion of Compliance” (Opinión de Cumplimiento). This is a real-time report generated directly from the SAT’s system that confirms the company is fully up to date with all of its tax obligations. A positive opinion indicates that:

• The company is properly registered with the RFC and its fiscal status is “active.”

• There are no unfiled monthly, annual, or informational tax declarations.

• There are no outstanding tax credits or debts owed to the SAT.

The “Opinion of Compliance” must be positive not only for the applicant company but also for its legal representative and all partners or shareholders. The authorities conduct a thorough cross-check to ensure the entire ownership and management structure is fiscally sound. Any negative opinion within this network will halt the application until the underlying issue is resolved.

Part 2: Operational Infrastructure IMMEX Program Requirements

The IMMEX program is granted for tangible manufacturing or service operations, not for virtual or paper companies. This set of physical and operational IMMEX program requirements ensures the applicant is a legitimate, functioning enterprise.

1. Legal Possession of Facilities

The applicant must provide irrefutable legal documentation proving its right to use the industrial facility where the IMMEX operations will occur. This is typically achieved through:

• A Formal Lease Agreement: The contract must be legally valid, specifying the company as the lessee and detailing the property’s address.

• A Legal Title: If the company owns the property, the title deed serves as proof.

The address of the facility must be registered with the SAT as an active establishment of the company. Any discrepancy between the address on the lease/title and the address registered with the SAT can cause delays.

2. Verifiable Operational Capacity

The SAT may conduct a physical inspection of the registered facility to verify its existence and its suitability for the proposed manufacturing process. Inspectors will look for evidence that the site is a legitimate industrial operation and not merely a shell address. This means having appropriate space for production lines, warehousing for raw materials and finished goods, and basic office infrastructure. The facility must be ready to operate.

3. Registration of All Relevant Addresses

Absolute transparency regarding operational locations is required. Every single address where any part of the IMMEX process will take place—including primary manufacturing plants, warehouses for storage, and even administrative offices if they are separate—must be registered with the IMMEX program. Using an unregistered location for storing temporarily imported goods is a serious compliance violation.

Part 3: Business Case and Export Project Requirements

The heart of the IMMEX program requirements is the detailed justification of the export project. The company must present a compelling and coherent business case that demonstrates its primary purpose aligns with the IMMEX program’s goal of promoting exports.

The application must include a meticulously detailed description of:

• The Production Process: A step-by-step narrative of the manufacturing or service process, from the receipt of raw materials to the final packaging of the export-ready product. This should be detailed enough for an official to understand the transformation that will occur.

• The Goods to be Produced: A specific list of the final products that will be exported, identified by their Harmonized System (HS) tariff codes.

• The Inputs to be Imported: A comprehensive list of every raw material, part, component, and packaging material that will be temporarily imported, also identified by their HS tariff codes.

• The Fixed Assets: A list of all machinery, equipment, tools, and molds that will be temporarily imported to facilitate production.

• Projected Job Creation: A realistic forecast of the number of direct jobs the operation will create, which helps the Secretariat of Economy gauge the project’s social and economic impact.

This documentation serves as the operational contract between the company and the government. The government authorizes the company to import the listed materials to produce the listed goods via the described process. Any deviation requires a formal amendment to the program.

Part 4: Ongoing Performance and Compliance Requirements

Securing an IMMEX registration is not the end of the process; it is the beginning of a continuous commitment to ongoing IMMEX program requirements.

1. Export Sales Commitment

This is one of the most critical performance metrics within the continuous IMMEX program requirements. To maintain its IMMEX status, a company must demonstrate its contribution to Mexico’s export economy by meeting one of two thresholds annually:

• Generate export sales equivalent to at least US$500,000.

• Ensure that its export sales represent a minimum of 10% of its total annual revenue.

This performance is verified through the Annual Report of Foreign Trade Operations, which must be filed no later than the last business day of May each year. Failure to meet this sales threshold is grounds for program cancellation.

2. Automated Inventory Control (Annex 24)

A critical operational mandate within the IMMEX program requirements is that every company must operate an automated inventory control system compliant with the specifications of Annex 24. This is not optional. The system is the primary tool for demonstrating compliance to the SAT.

A compliant Annex 24 system must be able to:

• Record all temporary imports at the part-number level.

• Track the consumption of these components through Bills of Materials (BOMs).

• Account for all “discharges” from inventory, whether through export, transfer, waste/scrap, or change of regime.

• Maintain a live, accurate balance of all inventory currently under the temporary import regime.

• Generate detailed reports that can be audited by the SAT at any time.

An inaccurate or poorly maintained Annex 24 system is one of the most significant compliance risks, as unaccounted-for goods can be legally considered to have been smuggled into the country.

3. VAT & IEPS Certification

To realize the full cash-flow benefit of the program, an IMMEX company must also secure the VAT & IEPS Certification. This separate certification, granted by the SAT, is what provides the 100% fiscal credit on the 16% VAT for temporary imports. The IMMEX program requirements for this certification are also rigorous, demanding a proven history of compliance, financial solvency, and control over the supply chain. Maintaining this certification is directly linked to the proper administration of Annex 31, the SAT’s system for controlling VAT credits and debits.

Conclusion: A Commitment to Operational Excellence

The IMMEX program requirements are intentionally demanding. They are designed to ensure that the program’s substantial benefits are granted only to companies that demonstrate a profound and unwavering commitment to legal, fiscal, and operational excellence. From the initial incorporation of a sound legal entity to the daily discipline of maintaining a perfect inventory balance, the framework demands precision at every step.

For Mexican companies aspiring to join the ranks of the nation’s elite exporters, the path to IMMEX registration is a journey of formalization and professionalization. It requires a holistic view of compliance, where legal structure, tax health, operational integrity, and meticulous reporting are not separate functions, but deeply integrated components of a successful business strategy. Meeting these IMMEX program requirements is the price of admission to one of the most powerful trade promotion programs in the world.