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Copyright 1999 Journal of Commerce, Inc.  
Journal of Commerce

September 17, 1999, Friday

SECTION: WORLD TRADE; Pg. 15

LENGTH: 799 words

HEADLINE: Maquiladoras criticize tax changes

BYLINE: BY DANIEL J. MCCOSH

DATELINE: MEXICO CITY

BODY:
U.S. manufacturers, the Big Five accounting firms and the Border Trade Alliance are pressuring the Clinton administration to help fight a Mexican tax plan that would hit some foreign companies with double taxation.

U.S. companies that conduct in-bond manufacturing, called maquiladoras, are worried that Mexico next year will treat them as domestic firms subject to corporate income taxes. Maquiladoras, which get special tariff treatment, are centered mostly along the U.S.-Mexico border and make everything from televisions to computers, from auto parts to electronic components.

The rules for so-called permanent establishment have long been on the books for maquiladora plants. But in the past a company could sidestep them by using an alternative accounting method such as transfer pricing for intracompany revenue and profit. OIL OUTLOOK FUELED CHANGE

A grim outlook earlier this year for oil prices spurred Mexico to seek other measures to collect revenue. In the 1999 budget, Mexico noted that as of 2000 maquiladoras would be treated as permanent establishments like any other domestic company.

Under such an arrangement, U.S. companies with manufacturing operations in Mexico would be subject to millions of dollars in Mexican taxes but could not receive a foreign tax credit from the Internal Revenue Service.

That's because of technical tax issues that led the U.S. Treasury Department to consider maquiladoras cost centers instead of profit centers.

""We would like to be able to continue with our current tax regimen,'' said Larry Amrich, director of government relations for Delphi Automotive Systems, Mexico's largest private-sector employer. ""We believe the Mexican government understands the complexity of the permanent establishment regimen. And we understand its need for more revenue. We are willing to negotiate.''

WASHINGTON LOBBIED, TOO

But manufacturers aren't afraid to seek some help in Washington, too. They stepped up lobbying efforts this week in anticipation of a meeting scheduled in Washington between U.S. and Mexican tax officials. The lobbying also is designed to pressure Mexican President Ernesto Zedillo Ponce de Leon, who told maquiladora representatives last month that a decision on the tax issue would be ready in October.

The Border Trade Alliance, a trade group representing maquiladora and transport companies, sent a letter this week to Treasury Secretary Larry Summers asking that the double-taxation issue be addressed when a U.S.-Mexico tax agreement is reviewed. The alliance this week also courted congressmen to show how the tax problem could affect jobs in the United States.

Maquiladoras are primarily across the border from San Diego; Nogales, Ariz.; and the Texas cities of El Paso, Laredo, McAllen and Brownsville. Many maquiladoras have their distribution and transportation operations on the U.S. border.

INVESTMENT ENDANGERED

Those seeking to attract manufacturing in Mexico warn that the taxation shift could chase away investment.

""If you look at other countries that have permanent establishment rules, U. S. companies tend to shy away from those countries,'' said Tony Ramirez, executive vice president of maquiladora consulting firm Made in Mexico Inc. in San Diego. ""The implementation of the rules are almost impossible to decipher, and the administrative costs are so high that it is often not worth the effort.''

Humberto Inzunza, president of the National Maquiladora Industry Council, told Mexican newspapers that a major U.S. company is reconsidering investments in Tijuana because of the uncertainty of future tax liabilities.

According to Sam Vale, chairman of the Border Trade Alliance, representatives from Panasonic, Kimberly Clark and Delphi Automotive Systems were on Capitol Hill this week pointing out how the tax changes could affect maquiladora operations, and U.S. jobs of workers that produce supplies for the plants.

PANASONIC SEES PROBLEMS

Panasonic said its picture-tube plant in Ohio and its circuit-board plant in Tennessee could be affected by any production shifts from its Matamoros, Mexico, plant.

U.S. manufacturers warn that tax changes may drive them out of Mexico in search of cheaper production sites if the changes are implemented.

In an effort to maintain pressure, the Border Trade Alliance will meet on Oct. 5 at South Padre Island, Texas, with the Big Five accounting firms - Deloitte & Touche; Arthur Andersen; KPMG; Ernst & Young; and PricewaterhouseCoopers - and maquiladora trade organizations.

The National Maquiladora Industry Council will hold its annual meeting in late October.

""We will meet to either celebrate or plan a strategy,'' said Maria Luisa O'Connell, executive president of the Border Trade Alliance.

LOAD-DATE: September 17, 1999




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