The IMMEX program provides a framework for companies to import goods into Mexico for manufacturing and assembly, provided that the final products are exported. A specialized component of this framework is the IMMEX virtual operation, a customs mechanism that addresses transactions occurring between two separate IMMEX-certified companies within Mexico.
This procedure, also known as a “virtual transfer” or “indirect export,” allows for the transfer of goods from one IMMEX entity to another without the products physically leaving the country. The transaction is legally treated as an export for the selling company and a temporary import for the purchasing company.
This guide provides a technical overview of IMMEX virtual operations, explaining the process, the regulatory context, and the necessary compliance systems.
Defining IMMEX Virtual Operations
An IMMEX virtual operation is a customs procedure that facilitates the legal transfer of processed goods between two IMMEX-registered entities located in Mexico. The transaction is documented using a specific customs declaration (pedimento) with a “V5” code.
- Seller’s Role: By processing a V5 pedimento, the selling company formally documents the transfer. This action discharges the company’s liability for the temporarily imported materials that were used to produce the goods, fulfilling their export obligation in a “virtual” sense.
- Buyer’s Role: The purchasing company processes its own corresponding pedimento to receive the goods. This action registers the items as a new temporary import under its own IMMEX program. Consequently, the legal responsibility for these goods—including their eventual transformation and final export out of Mexico—is transferred to the buyer.
This mechanism enables a domestic supply chain where maquiladoras can serve as suppliers to one another within the legal structure of the IMMEX program.
Key Characteristics and Advantages of Virtual Operations
The use of IMMEX virtual operations presents several distinct outcomes for companies that utilize them. These are direct results of the procedure’s structure.
- Logistical Efficiency: The most direct effect is on logistics. By eliminating the need to physically transport goods to a border for export and subsequent re-import, companies can reduce transportation costs and shorten lead times between domestic facilities.
- Supply Chain Integration: The procedure allows for closer integration between manufacturers in Mexico. Companies can source components and semi-finished products from local IMMEX suppliers rather than relying on international shipments, potentially creating more agile production schedules.
- VAT Treatment: In accordance with Mexican tax law, the transfer of goods via a virtual operation is a transaction not subject to the Value-Added Tax (VAT). This has a direct impact on the cash flow of the involved parties, as VAT is not charged on the invoice.
- IMMEX Compliance: Virtual transfers are a legally established method for meeting export requirements under the IMMEX decree. When executed correctly, they are a valid means of discharging the temporary import obligations for the seller.
The Procedural Steps for Virtual Transfers
The execution of an IMMEX virtual operation requires precise coordination and adherence to customs regulations.
- Commercial Agreement: The process begins with a standard commercial agreement between the selling and buying IMMEX entities.
- Seller’s Customs Declaration: The seller instructs their customs broker to prepare and process a V5 pedimento. This declaration includes details of the goods being transferred and formally initiates the “virtual export.”
- Buyer’s Customs Declaration: In a coordinated effort, the buyer files a corresponding pedimento to process the “virtual import” of the same goods. This accepts the goods and the associated liability into their IMMEX inventory.
- System Synchronization: Both companies must ensure their respective Annex 24 inventory control systems accurately reflect the transaction. The seller’s system must record the discharge of the components, while the buyer’s system must record the receipt of the new materials.
- Continuation of Obligation: The purchasing company is now responsible for the goods. They must either use them in a product that is ultimately physically exported from Mexico or perform another virtual transfer to a different IMMEX entity.
It is critical that the customs declarations from both parties are processed and validated in close succession. Discrepancies in information or timing can lead to regulatory non-compliance.
Compliance and Systems Requirements
Successful and compliant execution of virtual operations hinges on robust systems and meticulous record-keeping.
- Annex 24: The automated inventory control system used by each company must be capable of correctly managing virtual transfers. The system must track the lifecycle of components from their initial temporary import, through a V5 transfer, to their final export, ensuring a clear audit trail for the customs authority (SAT).
- Annex 31: This is the SAT’s system for managing and controlling tax credits (specifically VAT and IEPS). All V5 operations must be correctly reported within this system to ensure that the tax balances of both companies are accurate and aligned with their customs declarations.
In summary, IMMEX virtual operations are a specific legal and customs tool designed to facilitate the flow of goods within Mexico’s domestic manufacturing ecosystem. Their proper implementation requires a thorough understanding of the procedural requirements and a high degree of precision in documentation and systems management.
