ARTICLE 52: OBLIGED TO PAY FOR FOREIGN TRADE TAXES AND COMPENSATORY FEES

     

    They are obliged to pay taxes on foreign trade (LA: Art. 176) (LA: Art. 178) and in compliance with regulations and non-tariff restrictions and other regulatory measurements for foreign trade, persons who introduce merchandise into or out of national territory, including those who are under a return program (LA: Art. 2) (RGCE 2022: Regla 4.1.3) or deferral (LA: Art. 2) (RGCE 2022: Regla 1.6.14) (RGCE 2022: Regla 1.6.15) of tariffs, in the cases provided for in articles 63-A, 108 section III and 110 of this Law. (LA: Art. 63A)(LA: Art. 108) (LA: Art. 110)

    The Federation, federative entities, municipalities, territorial demarcations of Mexico City, parastatal entities of the Federal Public Administration (Administración Pública Federal), productive State enterprises, private charities and cooperative societies, must pay taxes on foreign trade notwithstanding other laws or decrees do not cause or are exempt from federal taxes.

    The persons and entities referred to in the two preceding paragraphs will also be obliged to pay the compensatory fees in those customs regimes determined by the Secretary of Economy (Secretaría de Economía), in accordance with the Foreign Trade Law (Ley de Comercio Exterior), through the provisions that for such purposes are publish in the Official Journal of the Federation (Diario Oficial de la Federación).

    In the case of merchandise subject to compensatory fees, when they are destined to the regimes indicated in article 90, sections B, section I, C, E and F of this Law (LA: Art. 90), and in accordance with the previous paragraph is not obliged to pay the compensatory fees, the amount to be paid must be determined in accordance with the provisions of this Law.

    For the purposes of the provisions of this Law, regulations and non-tariff restrictions are considered those established in accordance with the Foreign Trade Law (Ley de Comercio Exterior), including the official Mexican standard.

    It is presumed, unless proven otherwise, that the introduction to the national territory or the extraction of merchandise is carried out by:

  • The owner, possessor or holder of the merchandise
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  • The sender in export or the recipient in import.
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  • The principal, for the acts it has authorized.