On December 26, 2013, an Industry Presidential Decree was published providing tax benefits for the maquiladora industry as follows:
Maquiladoras may apply a new tax benefit that provides an additional deduction relating to tax-exempt employee benefits payments, thereby softening the effect of a new law otherwise limiting deductions for tax-exempt benefit payments.
Taxpayers that complied with 216-Bis MITL1 as of December 31, 2009, in effect until December 31, 2013, will have a 2-year period to fulfill the requirement of a 30% foreign ownership of the machinery and equipment (M&E) used in the maquila operation, meaning there will be a two-year grandfather clause for maquilas operating before 2010.
Article 11 of the October 2003 Presidential Decree formally repeals the maquila industry reduced income tax rates in place from 2003 to 2013.
“Productive Activity” for the maquila industry is defined in the Official Gazette.
Tax Authorities must be informed of an APA election before June 30, 2014, according to the tax gazette.