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Mexico City,- To receive the fiscal advantages granted in the Decree for Maquiladora and Export Manufacturing Industry (IMMEX), maquiladoras must be foreign companies, or at least have controlling stockholders abroad, as per amendments made to the legal framework. Until December 2010 any company working on this activity could register to benefit from the Program, whether its assets were domestic or foreign.

However, with the recent amendments, the Decree now states that for new companies that want to join the program at least 30% of machinery and equipment used to perform maquila activities must be owned by a resident abroad.

At the beginning, when IMMEX regime started, the idea was that foreigners would not be subject to permanent establishment principle, to avoid double-tax payment. However, some Mexican companies registered for the Program under rulings of other existing programs that were later annulled. Therefore Mexican industry has been completely left out to receive these advantages.