Manifestation of value
What is the “Manifestation of Value”?
One of the concepts in customs matters that have generated uncertainty due to the changes that are coming, is the Manifestation of value, this concept refers to the sworn declaration under protest of telling the truth to the tax and customs authorities that the value of the goods and all those expenses generated by the import and that affect the customs value of the merchandise are true.
For months, the entry into force of the modifications that took place in the demonstration to be presented has generated controversy. The modification was published in the DOF on June 30, 2020, it should be remembered that this obligation will come into force once the format called “Manifestation of Value” is released on the SAT portal through the Digital window , and will be enforceable 30 business days after its publication.
What were the main changes?
The change focuses on the fact that the new “Manifestation of Value” must be delivered in electronic format through the Digital Window, which is why the central Administration of Customs Modernization is working to ensure the correct functioning of the technological platform that allow importers to carry out the digital transmission of the document.
The new format called E2 is already published within Annex 1 of the General Rules of foreign trade for 2020 as well as its filling instructions and even the technical guidelines for the Web service and the Data Dictionary to prepare the systems for transmission. electronics
Which are its effects?
In the new “Manifestation of Value” it is important to consider the following:
- The manifestation of value will be transmitted within the fiscal year that corresponds to the operation carried out, at any time, either globally or by operation; However, the importer must keep it in a digital document to provide them when the customs authority requires it.
- The new form of the manifestation of value will be filled out electronically at the Digital Window.
- A single declaration of value must be presented for each seller or sender abroad.
- Additionally, within the first 15 days of January at the beginning of the corresponding fiscal year, they must transmit the “Manifestation of Value” of an operation that represents more than 60 percent of their foreign trade operations, which may be similar or the same, carried out within the previous 12 months, attaching the documents referred to in the instructions of the “Manifestation of Value” format. Companies that have been established for less than 12 months, when dealing with the merchandise mentioned in this section, must transmit the format of “Manifestation of Value” through the Digital Window, by operation prior to customs clearance, complying with and attaching the documents to which the instructions of the aforementioned format refer.
- The retransmission of the manifestation of value will not proceed if the automated selection mechanism determines the practice of customs recognition and until it has been concluded; nor during the exercise of the powers of verification, except in those cases where the taxpayer proceeds to correct his tax or customs situation
- Those who have the Registry in the Certification Scheme of modalities companies, Authorized Economic Operator or Certified Commercial Partner will be exempt from the Obligation to transmit the new manifestation of value.
- Importers may authorize, through the Digital Window, third parties with sufficient power or faculties for this purpose, which must be accredited at the time of registration with the digital document in which the instrument or power of attorney works.
- When the format called “Manifestation of Value” is transmitted or retransmitted, it must be delivered in a digital document to the customs agent or customs agency, which would have carried out the customs clearance of the foreign trade operation proceeding, where appropriate, to the rectification of the motion when the declared value is affected
On the other hand, there is a particular case for merchandise such as alcoholic beverages and liquids, sectors such as “Footwear”, “Textile and Clothing”, “Iron and Steel”, “Steel Products”, “Iron Minerals and their concentrates”, “Gold, silver and copper “,” Iron and Steel “,” Aluminum “since these additional sectors to the transmission of the “Manifestation of Value” must attach the following documentation to it:
- CFDI or equivalent document
- Documents proving payment of the goods.
- Documentation that verifies the declared increments.
- Any other document necessary for the correct determination of the customs value of the goods.
- Export request from the country of origin or provenance, with its proper translation into Spanish.
- Bill of lading, packing list, air waybill or other transportation documents.
- Document that proves the origin when applicable, and the origin of the goods.
- Document stating the customs guarantee account.
- Instrument or power of attorney with sufficient power or faculties to prepare and transmit the “Manifestation of Value”, in the case of persons authorized for this purpose (only that it is the first time of the person who transmits the “Manifestation of Value”).
Undoubtedly, the entry into force of the new “Manifestation of Value”will be a very important change for foreign trade operations, so we must be attentive to the changes and understand them for the correct application of the new format of the “Manifestation of Value”.