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ecame effective could apply for cancellation of prior commitments. Foreign investorswho failed to apply for the revocation of existing performance requirements remainedsubject to them.The Mexican federal government has eliminated direct tax incentives, with the exceptionof accelerated depreciation. A fiscal reform package was passed in September 2007 thatincludes a Flat Rate Corporate Tax (IETU). This tax limits the deductions thatcompanies are allowed, though changes made at the behest of the business communitystill allow some credits for previous inventories and investments, as well as forcompanies that fall under the maquiladora scheme. In 2009, the IETU will increase from16.5% to 17%, and to 17.5% in 2010. Investors should follow IETU developmentsclosely.In 2009, the Mexican Congress raised the general value added tax (IVA) from 15 to 16percent, or from 10 to 11 percent at the border. The income tax (ISR) increased to 30percent, and will fall to 29 percent in 2013, and to 28 percent in 2014. In addition,companies that deferred tax payments as part of their consolidation strategy will have toannually calculate the tax on benefits obtained in consolidation after five years. Theactual payment will then be made in the following terms: 25 percent in the following year(year 6) and then four payments of 25, 20, 15 and 15 percent in each of the years 7,8,9and 10.Most taxes in Mexico are federal; therefore, states have limited opportunity to offer taxincentives. However, Mexican states have begun competing aggressively with eachother for investments, and most have development programs for attracting industry.These include reduced price (or even free) real estate, employee training programs, andreductions of the 2 percent state payroll tax, as well as real estate, land transfer, anddeed registration taxes, and even new infrastructure, such as roads. Four northernstates -- Nuevo Leon, Coahuila, Chihuahua and Tamaulipas -- have signed anagreement with the state of Texas to facilitate regional economic development andintegration. Investors should consult the Finance, Economy, and EnvironmentSecretariats, as well as state development agencies, for more information on fiscalincentives. Tax attorneys and industrial real estate firms can also be good sources ofinformation.U.S. Consulates have reported that the states in their consular districts have had tomodify their incentive packages due to government decentralization. Many states havealso developed unique industrial development policies. Sonora, for example, is workingto expand the free entry area for tourists (south from the border to the port of Guaymas.)Sonora is one state that has implemented long-term agriculture and infrastructuredevelopment plans. The government of Yucatan provides information and support topotential investors and business entrepreneurs through several programs that targetdifferent industries such as technology, agroindustry and energy exploration. Severalstates are competing to attract manufacturing in the aerospace industry.A government-owned development bank, Nacional Financiera, S.A. (www.nafin.com),provides loans to companies in priority development areas and industries. It is active inpromoting joint Mexican-foreign ventures for the production of capital goods. NacionalFinanciera offers preferential, fixed-rated financing for the following types of activities:small and medium businesses; environmental improvements; studies and consultingassistance; technological development; infrastructure; modernization; and capital
contribution. The Mexican Bank for Foreign Trade, Bancomext, offers a variety of exportfinancing and promotion programs (www.bancomext.com).Mexico's maquiladora and PITEX (Program for Temporary Imports to produce Exports)programs aim to stimulate manufactured exports and operate in largely the samemanner. The first focuses on companies that specialize in in-bond manufacturing andexport, while the second is for companies that may have significant domestic sales. InNovember 2006, the maquiladora and PITEX programs were combined into therenamed IMMEX (Industria Manufacturera, Maquiladora y Servicios de Exportacion)program. The IMMEX program adds services, such as business process outsourcing, tothe maquila scheme and also simplifies and streamlines the processes under the twoprevious schemes. The new program continued to exempt companies from importduties and applicable taxes (e.g. VAT) on inputs and components incorporated intoexported manufactured goods. In addition, capital goods and the machinery used in theproduction process are tax exempt, but are currently subject to import duties.Companies interested in investing in industrial activity in Mexico need to follow the newIMMEX guidelines closely, preferably in close consultation with locally based legaladvisors. Two export programs implemented during the 1990s, ALTEX (EmpresasAltamente Exportadoras) and ECEX (Empresas de Comercio Exterior), also allowexpedited VAT returns and financing from government-owned development banks.Please refer to the Secretariat of Economy's IMMEX program website atwww.economia.gob.mx.In order to maintain competitiveness of maquiladora and PITEX companies and complywith NAFTA provisions, since 2001 Mexico has applied "Sectoral Promotion Programs"(PROSEC). Under these programs, most favored nation import duties on listed inputsand components used to produce specific products are eliminated, or reduced to acompetitive level. These programs comply with NAFTA provisions because import dutyreduction is available to all producers, whether the final product is sold domestically or isexported to a NAFTA country. Currently PROSECs support 22 sectors, includingelectronics and home appliances, automotive and auto-parts, textile and apparel,footwear, and others. The lists of inputs and components incorporated under eachPROSEC are not exhaustive, and the Mexican government regularly consults withindustries to include more goods. In December 2008, President Calderon issued in theOfficial Gazette (Diario Oficial) an immediate and gradual reduction of import duties inorder for companies to obtain inputs at competitive prices. The GOM also announcedlast year the simplification of foreign trade procedures, such as the gradual elimination ofPROSECs by 2011. In December 2009, the GOM announced the latest tranche of tariffreductions would be temporarily postponed due to the economic crisis and in order tohelp some of the most injured sectors.In the last four years the Secretariat of Economy conducted, in partnership with theprivate sector, 12 studies of the country's most important sectors according to theirlevels of exports, employment and FDI, called "Programs for Sectoral Competitiveness."These studies are currently available at the website of the Secretariat of Economy(www.economia.gob.mx)Right to Private Ownership and EstablishmentReturn to topForeign and domestic private entities are permitted to establish and own businessenterprises and engage in all forms of remunerative activity in Mexico, except those
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- Page 59 and 60: U.S. Export ControlsReturn to topMe
- Page 61 and 62: and organs, almost all medical prod
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- Page 75 and 76: SECTION 2: SECTORS RESERVED FOR MEX
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ecame effective could apply for cancellation <strong>of</strong> prior commitments. Foreign investorswho failed to apply for the revocation <strong>of</strong> existing performance requirements remainedsubject to them.The Mexican federal government has eliminated direct tax incentives, with the exception<strong>of</strong> accelerated depreciation. A fiscal reform package was passed in September 2007 thatincludes a Flat Rate Corporate Tax (IETU). This tax limits the deductions thatcompanies are allowed, though changes made at the behest <strong>of</strong> the business communitystill allow some credits for previous inventories and investments, as well as forcompanies that fall under the maquiladora scheme. <strong>In</strong> 2009, the IETU will increase from16.5% to 17%, and to 17.5% in 2010. <strong>In</strong>vestors should follow IETU developmentsclosely.<strong>In</strong> 2009, the Mexican Congress raised the general value added tax (IVA) from 15 to 16percent, or from 10 to 11 percent at the border. The income tax (ISR) increased to 30percent, and will fall to 29 percent in 2013, and to 28 percent in 2014. <strong>In</strong> addition,companies that deferred tax payments as part <strong>of</strong> their consolidation strategy will have toannually calculate the tax on benefits obtained in consolidation after five years. Theactual payment will then be made in the following terms: 25 percent in the following year(year 6) and then four payments <strong>of</strong> 25, 20, 15 and 15 percent in each <strong>of</strong> the years 7,8,9and 10.Most taxes in Mexico are federal; therefore, states have limited opportunity to <strong>of</strong>fer taxincentives. However, Mexican states have begun competing aggressively with eachother for investments, and most have development programs for attracting industry.These include reduced price (or even free) real estate, employee training programs, andreductions <strong>of</strong> the 2 percent state payroll tax, as well as real estate, land transfer, anddeed registration taxes, and even new infrastructure, such as roads. Four northernstates -- Nuevo Leon, Coahuila, Chihuahua and Tamaulipas -- have signed anagreement with the state <strong>of</strong> Texas to facilitate regional economic development andintegration. <strong>In</strong>vestors should consult the Finance, Economy, and EnvironmentSecretariats, as well as state development agencies, for more information on fiscalincentives. Tax attorneys and industrial real estate firms can also be good sources <strong>of</strong>information.U.S. Consulates have reported that the states in their consular districts have had tomodify their incentive packages due to government decentralization. Many states havealso developed unique industrial development policies. Sonora, for example, is workingto expand the free entry area for tourists (south from the border to the port <strong>of</strong> Guaymas.)Sonora is one state that has implemented long-term agriculture and infrastructuredevelopment plans. The government <strong>of</strong> Yucatan provides information and support topotential investors and business entrepreneurs through several programs that targetdifferent industries such as technology, agroindustry and energy exploration. Severalstates are competing to attract manufacturing in the aerospace industry.A government-owned development bank, Nacional Financiera, S.A. (www.nafin.com),provides loans to companies in priority development areas and industries. It is active inpromoting joint Mexican-foreign ventures for the production <strong>of</strong> capital goods. NacionalFinanciera <strong>of</strong>fers preferential, fixed-rated financing for the following types <strong>of</strong> activities:small and medium businesses; environmental improvements; studies and consultingassistance; technological development; infrastructure; modernization; and capital