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  1. My Husband just crossed the border at Nogales. It was early Tuesday morning, and he said that exiting the car at aduana, it took 45 minutes to get to the front of the line. He says he’s never seen so many US vehicles exiting; trailers pulling cars, boats, cars and boats on the same trailer , US plate after US plate. He went to the global exit lane and said it took an hour just to get to that lane. Seems to be a mass exit. Are people afraid to keep their cars in Mexico because of a border closing?
  2. The check is in the mail, international travel with cash or checks… Many countries have enacted legislation to combat money laundering which is used to avoid lawful payment of taxes or disguise illegal operations. Many countries have based their laws off of or copied the US provisions that regulate crossing borders with money or negotiable instruments. Comments from US Customs and Border patrol state: “When entering the U.S. in-transit to a foreign destination, you will be required to clear U.S. Customs Border Protection (CBP) and Immigration and Customs Enforcement. If you have "negotiable monetary instruments" (i.e. currency, personal checks (endorsed), travelers checks, gold coins, securities or stocks in bearer form) valued at $10,000 or more in your possession a "Report of International Transportation of Currency or Monetary Instruments" form FinCEN 105 must be submitted to a CBP Officer upon your entry into the United States. Forms can be requested from a CBP Officer is required. Monetary instruments that are made payable to a named person but are not endorsed or which bear restrictive endorsements are not subject to reporting requirements.” Source: https://help.cbp.gov/app/answers/detail/a_id/778/~/declaring-currency-when-entering-the-u.s.-in-transit-to-a-foreign-destination While it makes sense to restrict people with suitcases full of cash, many people are innocently being caught when buying properties in Mexico. Many send checks through Fedex or other overnight courier services that are made out to the seller of a property and therefore do not violate US laws. Mexico, however, copied the US law but did not differentiate between checks made out to a party and endorsed checks. Any check over $10,000 dollars must be declared. Source: http://www.sat.gob.mx/aduanas/pasajeros/Paginas/declaracion_dinero.aspx This has had the result of customs in Mexico seizing checks sent for the purchase of properties even when made out to the seller and fining the sender or receiver for failure to declare the check causing delays and extra costs. An example is when I request certified copies of judgments from the LA County Superior Court and they are archived due to being older and the court wants a check but doesn’t know the amount so I fill in the payee but leave the amount blank but also put “Not to exceed $40.00” and Aduana will not send my checks arguing there is no amount listed even though it is true except it will never exceed $40.00 and never $10,000 obviously. Another serious danger people find themselves in is when there is a rollover of their IRA and their trustee sends them the rollover check to their address and they list an address in Mexico or one of the Laredo mailing services which then forwards the letters to Mexico, this also can be dangerous as if the rollover check is seized then you will likely blow the 60 day limit and pay US taxes and penalties on top of those to the Mexican government. Each year the laws become stricter with fewer people and places accepting US or foreign checks and Customs in Mexico is being streamlined and checking almost all packages entering the country which means the chance of being caught has skyrocketed. The best practice is to use electronic transfers for payment of large items. Far too many people are erroneously assuming that the law of their home country is the same in Mexico causing them innocently to break the law due to it being poorly drafted in the first place. Europe, the US and Canada all have the same policy on checks and only consider traveler`s checks, endorsed checks or bank checks as cash, not unendorsed personal checks made out to a party. Remember these laws apply to money entering and leaving countries.
  3. Has anyone imported a firearm from NOB? AS you know, firearm prices here in Mexico are outrageous. I am curious if it is worth the process of importing a new firearm, not a collectible or antique. I believe it starts off with a permit to import (S.E.D.E.N.A. 02-053) for about $4,300 pesos. Is there any documents or permits associated with Aduana? I am sure that there are taxes and import fees as well. And what about ATF? And how is the firearm transported? Is it best to have it shipped? And would you use a custom agent? Thank you for your input. As for ATF, I did find the following info on Mexicoarmado.com; The GCA does not require export licenses. However, most firearms and ammunition must be exported in accordance with the provisions of the Arms Export Control Act of 1976. Regulations implementing this Act generally require a license to be obtained from the Directorate of Defense Trade Controls, Department of State, PM/DDTC, SA-1, Room 1200, 2401 E St., N.W., Washington, DC 20037; (202) 663-1282. The export of sporting shotguns and ammunition for sporting shotguns is regulated by the U.S. Department of Commerce rather than the State Department. An export license is generally needed to export these shotguns and ammunition. For further information, contact them at their nearest district office or the Bureau of Industry and Security, Outreach and Educational Services Division, U.S. Department of Commerce, 14th St. & Pennsylvania Ave. N.W., Washington, DC 20230, (202) 482-4811.When exporting NFA firearms, ATF Form 9 must be completed and approved by ATF prior to export. [22 U.S.C. 2778, 27 CFR 479.114 and 479.116]
  4. I am wondering if anyone has had experience with this situation or has any knowledge regarding it. Thanks for your help in advance. I have a Canadian plated vehicle that someone wants to buy. They are also Canadian, so that is not a problem. But, because they want to leave the car here in Mexico, the TIP I have on it must be taken off and theirs put on. Is there any way to return the TIP or cancel it without losing my money and not going to the border? One of the reasons for selling the car is so I do not have to drive it back to Canada. Is it possible to turn in the TIP without the physical car? Thanks again and have a super day, Penny
  5. We went to present another retorno seguro on Tuesday of this week (November 24, 2015) and had it rejected. The rules changed and the new ones took effect Monday, November 23, 2015 and they will now only accept them in Mexico City and once they receive all the papers (there are new forms and they now require the vehicle titles to be translated officially into Spanish) they have 15 business days to respond and the person or their legal representative must personally pick up the retorno seguro in Mexico City. Prior to this we were getting them done at the SAT offices in Guadalajara and Zapopan and we usually would be able to turn them around in 3 to 5 business days from the time the person signed papers at our office. Now the cost will be much higher and logistically it will be more difficult for people to plan their trips as they will need to submit the papers week in advance and not have much idea of when the retorno seguro will arrive needing to be ready to go at a moments notice for a few weeks. Effectively this will stop all retorno seguros this year as the holidays are coming soon and maybe longer until we get a handle on how they will apply the new regulations. They also want proof of address but what if a person rents? Also they want a notarized power of attorney, so now people will pay extra for that, also they ask people to attach their tourist visa, what if they are Mexican or temporal or permanentes? Also copy of the Banjercito receipt, what if nobody kept it as most people throw them away? We will file a complaint with PRODECON as this new policy will wreak havoc and make it difficult if not impossible for people to comply and if they can then the cost will be thousands of pesos extra. For now we are trying to sort out the new regulation and things that they did not provide for so that we can give people answers and help ease them into the new system. 4.2.20. Para efectos de lo dispuesto en el artículo 183, fracción II, segundo párrafo de la Ley, los propietarios de vehículos de procedencia extranjera que hayan sido importados o internados temporalmente a territorio nacional en términos de las reglas 3.4.6. y 4.2.7., y cuyo plazo para el retorno haya vencido, podrán presentar una solicitud mediante escrito libre en los términos de la regla 1.2.2., utilizando el formato "Solicitud de autorización para el retorno de vehículos extranjeros con permiso de importación temporal de vehículos vencidos, de conformidad con la regla 4.2.20.", ante la ACAJACE, cumpliendo con lo establecido en su instructivo de trámite. El beneficio señalado en la presente regla, no será aplicable cuando la autoridad haya iniciado el ejercicio de facultades de comprobación.
  6. Some people have taken their foreign plated vehicles out of Mexico but for whatever reason did not cancel their temporary import permit at the border. People should always cancel their TIP but many times it is not feasible to make that long trek back to the border and have to cross over and cross back. Benefits of canceling are receiving your deposit back (if you cancel permit before expiration and / or timely done extensions), being able to temporarily import another foreign plated vehicle into Mexico and not having any future worry or hassle due to the Mexican government thinking your car is still in Mexico. The Mexican consulates in the US have special days where they will be canceling permits at their US based consulates in the following cities and dates for the rest of 2015: Denver Thursday and Friday October 8 and 9 2015 Houston Wednesday, Thursday, and Friday October 14, 15 and 16, 2015 Dallas Friday, Saturday and Sunday October 23, 24 and 25, 2015 Sacramento Tuesday and Wednesday November 3 and 4, 2015 Los Angeles Thursday and Friday October 29 and 30, 2015 Phoenix Thursday and Friday November 12 and 13, 2015 Chicago Thursday, Friday and Saturday December 3, 4 and 5, 2015 http://www.sat.gob.mx/aduanas/vehiculos/Paginas/default.aspx
  7. Anybody has brought some household goods into Mexico of lately? I have a shipment sitting at GDL airport since July 23 and seem to be impossible to get a customs agent to take on the job to proceed with getting it through Aduana. Back in Canada the Consulate would not stamp the packing list since we had received our Permanente more than 6 months ago. Unfortunately property does not sell within 6 months and we are prepared to pay the necessary customs fees. Problem is that no Customs Agent wants to take the job unless the Consulate stamps the packing list, a catch 22 situation. Anybody any idea on how to get out of this merry-going-around situation? In the meantime the clock is ticking and we pay daily storage fees because of a bureaucratic foul up.
  8. Starting in June 2011, Mexican customs (Aduana) instituted a system where every person who temporarily imports a vehicle into Mexico pays a deposit to ensure the return of the vehicle out of Mexico on or before the date of expiration of the temporary vehicle import permit (TIP). The deposit amount is are based upon the age of the vehicle, with vehicles 2007 and newer paying $400US, 2001 to 2006 paying $300US, and 2000 and older paying $200US. Temporary Import Permits (TIPs) are issued for 180 days if you get them via the online permit system, or for 180 days for tourists, or until the immigration document you present at the Banjercito module (at your point of entry) expires. In practice, though, some people who present immigration documents which expire in 2 years only get 180 days, depending on the practices of their point of entry. Supposedly, you get the deposit back when you return the vehicle along with any trailers or motorcycles which entered on the same permit (entailing going to the border and having the customs agent remove the sticker and turn in the permit), and get a receipt which looks like a long credit card merchant receipt before the expiration date on the TIP. The issue arises for foreigners who have the right to have their import permit extended past the expiration date on the TIP. RMCE 4.2.7 El plazo autorizado para retornar los vehículos que hubieran sido importados temporalmente por extranjeros de conformidad con la fracción II del segundo párrafo de la presente regla, será el de la vigencia de su condición de estancia y sus renovaciones. Aduana rules state that the foreigner shall notify aduana within 15 days of getting a new immigration document, stating: En caso de que el residente temporal y el residente temporal estudiante renueve su estancia en territorio nacional, la vigencia del permiso de importación temporal del vehículo se acreditará con el documento oficial que emita la autoridad migratoria, sin que se requiera autorización de las autoridades aduaneras; asimismo, a efecto de que no se haga efectiva la garantía otorgada en los términos de la presente regla, dentro de los 15 días siguientes a aquél en que les hubiere sido otorgado el canje o la renovación de su condición de estancia de residente temporal o residente temporal estudiante, se deberá presentar ante cualquier aduana del país o a la ACOA, un aviso en el que se haga constar dicha circunstancia, anexando copia del comprobante de dicho trámite y del permiso de importación temporal del vehículo; dicho aviso se deberá presentar al momento de efectuar el retorno definitivo del vehículo. First, they use the term 15 days. Is that 15 calendar days or 15 working days? As the notifications should be done by presenting them at the local Aduana offices or by mail (which are not open weekends) per Mexican law, if the term is not specifically stated to be calendar days, then it shall be deemed to be business days. It’s too bad that Aduana and Banjercito never read the law nor apply its principles, and are using 15 calendar days against people in order to steal their deposits when they have complied within 15 business days, but not 15 calendar days. The next issue involves the phrase where the time period starts to notify Aduana, which the above rule states is when the renewal or change in status is granted. Does the granting occur when immigration approves the request which is in the middle of the process, before the person places their fingerprints and still has to wait weeks to receive their new card? This is the biggest point of contention. Logically, in order for a person to notify Aduana, they need their new card with the new expiration date where they can demonstrate the new expiration date. The problem here is that in many parts of Mexico, the process to create the new card may take days or even months (as was the case when the cards were only manufactured in Mexico City) and the date of issue was random, with immigration placing the date of issue as the date of entry for canjes (people who received preauthorized visas from consulates), even though by law they have 30 days to present their application after entering Mexico. This presents a problem if their final card has their date of entry as the date of issue on their card, their 15 days started then, and their deadline passed before they were even obligated to start with immigration or submit their documents to immigration to be able to get their final card weeks or months later. Think that by starting early you can avoid this mess? Other foreigners submitted their immigration documents for renewal on time (immigration policy and law only permits them to submit documents 30 days or less before renewal), and then due to normal times or delay with immigration, received their new immigration cards with a date of issue of days, weeks, or even months before they were actually available to be picked up. This has been the main problem. Immigration´s random placing of the date of issue which has nothing to do with the date when the foreigner first is able to actually receive their card is taken as the date by Aduana when their 15 days to notify first begins. Many people have received their renewal immigration cards or canje cards with a date of issuance of more than 15 days prior, which makes their timely notification to Aduana impossible, and therefore makes them automatically lose their deposit and have their TIP canceled. What have we done in these situations? In order to disprove the date of issuance, we would usually include the receipt for when the person applied for their new document, showing that they applied on time (late renewals and regularizations will revoke the permit, and the person would lose their deposit). Next, we would print out a history from immigration showing the date their immigration card was being made (this should have satisfied Aduana as if the date of issue on the card showed one date but the computer showed that a month later the card was being manufactured. Then the date of issue should have been deemed unreliable.). Currently the computer system of immigration does not show when the card is manufactured, although we include a sworn statement of the date when the foreigner actually received their card in order to proved when the 15 days should start. The system also does not show any more when the card is ready to be picked up. What are we doing to resolve this problem with the authorities? I went to talk to the head of immigration in Guadalajara and tell him about the date of issue on the cards. He was sympathetic, but really did not offer any alternatives, as they have their set way of doing things. Their recent ability to manufacture cards at the Guadalajara office has helped, but people in Chapala still have issues, as the local office has to send the request to make the cards to Guadalajara, and then they have to make them and then send them to Chapala, and then notify the people that they are ready (they stopped posting notifications online about cards being ready a year ago). Then the foreigner has to pick the card up. Although the card may have a date of issue, it has no bearing on the date when the card was ready to be picked up and was actually handed to the foreigner. Perhaps they could create a new form that immigration signs and stamps, and the foreigner signs when they pick up their card to prove the date they received their card. But that would probably require many approvals as it would be an official government document. And even then, who is to say that Aduana, SAT and Banjercito would not ignore it? Once the foreigner has the card, then they can notify Aduana in the proper format. We notify Aduana for our clients, and have a form. We include the form, new immigration document, copy of the TIP, passport, copy of the receipt for when they turned in their renewal, and a printout of their history, and a sworn declaration of the day they actually received their card. What happens after that!!!???.... We present the documents in triplicate at the closest Aduana office, which for us is at the Guadalajara International Airport. They keep two copies, and the give us one back with a serial number stamp and Aduana Received stamp. We return a week later to get another oficio (official communication), which evidences that they sent one copy to Aduana in Mexico City, and has the serial number of the registered mail they used to do so (the law only requires the foreigner to do the notification. The oficio is icing on the cake. and proves the receipt and that the copy was sent to Mexico City. The law does not require a response, although it is helpful to know what their situation is and whether to fight). Then the fun begins. Sometimes Mexico City Aduana decides to send us a response. They used to do it all the time, and were great. Recently, the only responses were negative ones when the person renewed late and lost their deposit due to renewing late. The other people who submitted their renewal notices were left guessing, and the only time they learned of any problem was when they returned their vehicle to the border and wanted the refund of their deposit. Currently, Aduana only sends back a response to those who did regularizations (renewed late), where there was a lapse in their immigration status, and then the person knows that their TIP was canceled and their deposit is gone. But what about the rest of the people who notified Aduana in writing, had their file- stamped copy, and who did so within 15 calendar days of receiving their new immigration document? Many times the only way people find out if their TIP was canceled and their deposit forfeited (stolen) is when they drive their vehicle to the border and have their sticker removed and get a receipt showing they removed the vehicle from Mexico. At this time, they usually have their paperwork showing they did their notification on time, but the people at the border always tell them they will find out in a few days. People wait a few days, and then a few months, and the deposit is never refunded to their credit card. This is when my office receives the call to check up on things. In the past, armed with stamped copies of the notification, a call to Aduana or SAT would solve the issue. It usually was because Aduana forgot to forward info to SAT, or SAT did not tell Banjercito. So, once that was done, the deposits were refunded. Now, SAT has taken a very hard stance approach, and refuses to honor any evidence that contradicts the erroneous date of issue and supports the date when the foreigner actually picked up their new immigration document to start the 15 day time limit. The agencies refuse to communicate with each other to see if one received the notification and passed it on to the other, as they are required to. SAT used to be helpful, but now are not. Banjercito employees have been rude, as well, and neither wants to help to resolve the situation. Now what do we do? A new tax ombudsman's office was created in Mexico, PRODECON. Fortunately for us, their office is located only a few blocks from ours in the Providencia area of Guadalajara. We have presented written requests to them to help our clients. They invited me to meet with the local state head, so he could fully grasp the issue. He invited all his attorneys to be there. We have presented quite a few cases, and they understand the situation, and have made various requests for information to Immigration, Banjercito, SAT, and Aduana. Our results have been mixed. Some cases are still in process, and others we have won where PRODECON agrees that SAT was wrong and ordered them to return the deposit to the foreigner. But then SAT says that they do not have it, Banjercito has it, and that PRODECON only covers tax matters and tax agencies and not banks. It is funny how in all cases, SAT tells Banjercito to refund deposits, but only when they lose a case like this that they decide it cannot be done. We must then file a complaint using the positive resolution from PRODECON with CONDUSEF (who regulates banks, and takes complaints, as they can make Banjercito refund the deposits). We are in the process of doing this, but first we need to locate the foreigners, and have then sign a clarification form which must then be sent by certified mail to Mexico City. Then, if we get a negative response, can we file a complaint with CONDUSEF. Are the authorities doing anything? Our many, many meetings with PRODECON have been bearing fruit. We stop by very frequently, and they have been talking to the head PRODECON office in Mexico City to arrange a round table meeting with representatives from Immigration, SAT, Aduana and PRODECON to address this problem so all involved can participate in the solution. I have been invited, but the date has been changed often over the past few months. I will appear by phone, and hope to help them see the problem and find a solution. Whether through ignorance, design, or multiple agencies not talking, or legislators, foreigners are being harmed and losing money unnecessarily and improperly. We have been trying to help people get their deposits back, but what was once a phone call or two and email has become a labor of months or years, talking to many agencies, presenting piles of documents with the same copies of everything being presented over and over, with hours and hours of work to clarify things, only to get stonewalled. Even if we were to get paid the whole deposit amount for our fees, we still would be losing money. I hope to make them think and change their policies for the benefit of foreigners all over Mexico. Lic. Spencer Richard Mc Mullen Cedula Fed#7928026 / State #114067 Attorney and Official Translator www.chapalalaw.com
  9. Please contact my office if you used a customs agent to nationalize your car at the "airport." Many have reported to us that their papers are fake and this could cause serious problems and we would like to see how big this problem really is and protect people from criminal liability due to the acts of others. Office 376-765-7553
  10. Car Importation Update December 2014 With all the rumor and speculation out there, I thought I would share information that SAT has just published regarding vehicle importations. This is information that SAT is promoting and might put to rest some of the speculation going around verbally and on web boards. SAT provides the following link for their slideshow (in Spanish) with the rules, it is titled What Vehicles can be Imported. http://www.slideshare.net/satmx/qu-vehculos-pueden-importarse I will list the highlights here. I do not do vehicle importations but have helped people verify them and have sprung them and their vehicles from jail / impound due to fraudulent acts of people offering import services. My advice is to only nationalize as a last resort and always calculate cost to benefit ratio where nationalizing makes sense for a very few. Now back to the info... What vehicles can be imported Used cars with a VIN showing they were made or assembled in Mexico, the USA or Canada. Cars 8 to 9 years old Cars whose right to be driven are not restricted or prohibited. The cost of importation is ten percent of the value of the vehicle plus taxes due for entry into the country. Cars can be imported by Mexicans living in Mexico and abroad. Importers need official ID and CURP, car title in their name or signed over to them, emissions certificate, nothing limiting their right to be driven in their home country Procedures 1) Go to a customs agent with your ID, letter of appointment of customs broker, vehicle title. 2) You need to verify that the customs agent: Obtains a certificate that the vehicle complies with physical / mechanical conditions and environmental protection (verification centers exist close to the border zone aduanas) Verify that the vehicle has not been reported stolen Verify that the vehicle VIN number matches the title. Present the vehicle title to American Customs so that they can authorize its export (this process takes an average of two days). Prepare the importation pedimento Pay the proper taxes Turn in the definitive importation pedimento fully paid. 3) Present the vehicle along with the pedimento at the aduana module for inspection and receive the import pedimentos with its attachments and register the vehicle in the Public Vehicle Registry . Remember, only a customs agent can do the procedure with aduana. Vehicle importations are not done in the street. Do not turn over money or documents in the street. I am just the messenger, I do not know how Canadians will fare without a title, or why they should deal with US customs or heck if anybody but a Mexican can import as it doesn't mention foreigners at all. Also I have no idea how people will babysit customs agents and make sure they comply with the list of items SAT gives.
  11. SAT released the latest version of their Vehicle Importation Manual the end of November, 2014, two years after the prior one was released in September, 2012. The new manual can be found here: http://www.sat.gob.mx/informacion_fiscal/normatividad/Documents/manual_importacion_vehiculos.pdf The new manual lists the immigration statuses and maximum periods that they can have vehicles imported with Residente Temporal up to 4 years, Residente Temporal Estudiante for the duration of their studies and FMM para canje (these are people who got their preauthorized visa at the consulate) for up to 30 days (can be extended up to 4 years). (2.2) It also reiterates the 3 ways to get the temporary import permit, at the border paying $51US + IVA, online from www.banjercito.com.mx paying $45US + IVA and at the Mexican consulates in Chicago, Austin, Dallas, Houston, Los Angeles, San Bernardino, Sacramento, Albuquerque, Denver and Phoenix paying $51US + IVA. (2.3) The deposits you pay at the time of purchasing the permit in cash or by credit card remain the same. $400US for car models 2007 - 2015, $300US for car models 2001 - 2006 and $200US for cars 2000 and older. (2.3) There has been a change in the way foreigners must notify Aduana when they renew their immigration document or swap their FMM and consulate preauthorization for a new card. Aduana now does not ask for a copy of the new immigration document but asks for the copy of the new card OR the NUT number OR the resolution authorizing the new card. What in the heck is that? This is the papers that comes up when you are notified that you can do fingerprints. It does not have your name or any personal identifying information on it. To avoid losing your deposit, we are having our clients do their aduana vehicle notification the very day they are notified they can place fingerprints and we include a copy of the notification as well as the pdf notification with no personal information. They now specify that the 15 day term to do so is business days, not calendar days! (presumably due to our firms efforts in fighting for improperly retained vehicle deposits) (2.4) This is all very new and we have not had any responses back yet from aduana. They are checking all notifications directly with immigration. Immigration has corrected their practice of placing erroneous dates of issue on immigration cards but delays in delivery to foreigners may still cause people to not notify on time and thereby lose their deposits paid. We suggest that you come and see us with your import permit when you are notified you can do your fingerprints so we can present the notification immediately. The people who can drive your car are the same, they just now specifically list tourists and resident temporales along with family members if you are not in the car. (2.8)
  12. After some time and errors the past few months, Aduana's web site is now working where one can check issuance of vehicle import permits online. You can check with permit / VIN number and passport number and get details of the permit issuance date and expiration date. https://portalsat.plataforma.sat.gob.mx/aduanas_cpitv_internet/index.aspx I don't think this is necessarily good news as Aduana has been sloppy with their extensions and immigration has been giving people their new immigration cards with dates of a few weeks to a few months before people receive them thereby making the 15 day notification period impossible to comply with. Here is an example of the results Lugar Expedición Nombre Módulo Número Permiso Número Serie Marca Vehículo Modelo Número Documento Estatus Fecha Alta Fecha Vencimiento Fecha Retorno Máximo Fecha Retorno NOGALES, SON. KM. 21 NOGALES 1252XXXX 1D7HA18N94S67XXX DODGE 2004 20389XXXX 01 ALTA NORMAL 30/07/2008 29/07/2009 29/07/2009
  13. A client sent me an email from someone claiming to work at aduana at the airport and who is offering nationalization services. It seemed fishy so we called aduana and the person does not work for aduana, they said she does not work there even though she puts in her email signature that she does, also the phone number listed is for a private customs broker and not aduana. I do not know about her abilities to nationalize cars but consumers must be aware that they are dealing with a private company and not a governmental agency, keep this in mind when handing over large sums of money, in this case she was asking for more then $45,000 pesos. Anybody nationalizing should get the quote in writing and get a contract.
  14. So I have been reviewing the new tax reforms and in it is a specific mention of who can drive foreign plated cars, this coincides with what we have been told verbally although should clarify where aduana has rejected car extensions for temporales with working papers, the new Article 106 mentions temporales being able to have their cars and extend their permits as well as tourists but doesn't mention residente permanentes. Here is the text Artículo 106. ……………………………………………………………………………… IV. Por el plazo que dure su condición de estancia, incluyendo sus renovaciones, en los términos y condiciones que establezca el Servicio de Administración Tributaria mediante reglas, en los siguientes casos: a) Las de vehículos propiedad de extranjeros que se internen al país, con la condición de estancia de visitante y residente temporal, siempre que se trate de un solo vehículo. Article 61 specifically mentions menaje de casa and residente permanentes and specifically excludes their cars from being here without importing them and paying taxes Artículo 61. ……………………………………………………………………………… VII. Los menajes de casa pertenecientes a residentes permanentes y a nacionales repatriados o deportados, que los mismos hayan usado durante su residencia en el extranjero, así como los instrumentos científicos y las herramientas cuando sean de profesionales y las herramientas de obreros y artesanos, siempre que se cumpla con los plazos y las formalidades que señale el Reglamento. No quedan comprendidos en la presente exención las mercancías que los interesados hayan tenido en el extranjero para actividades comerciales o industriales, ni los vehículos. Here further along they talk about canceling permisions for vehicle importations to anybody not tourist or temporal Artículo 175-A. El Servicio de Administración Tributaria podrá cancelar las autorizaciones otorgadas... ... Artículo 182. ……………………………………………………………………………… III. Importen temporalmente vehículos sin tener alguna de las condiciones de estancia señaladas en el inciso a) de la fracción IV del artículo 106 de esta Ley;
  15. Very extensive reforms have been made to Mexico´s tax laws and have been finalized in November, 2013 and will become effective on January 1, 2014 not giving give people a lot of time to prepare. No, and that’s going to be a problem. First, because all the appointment times at the SAT offices (Mexico’s tax department) are filled for quite a while, and second, because some of the changes will affect banks and businesses quite a bit. I think it’s going to be a messy transition as many will be unable to comply in time with only 2 weeks left until the government goes on vacation and returns January 2nd when the new laws take effect and even then there may be delays of weeks for people to be able to get appointments at the tax office to set themselves up or make changes. There are new IVA sales taxes. It’s now going be 16% nationally (whereas it’s been about 11% in the border areas), and it will include taxes on soda, chewing gum, and pet food throughout Mexico. Those weren’t included in the past. So, people with pets should stock up at Costco before the new year. Dog shelters will be especially hard hit. And, for people driving back from up north after Christmas, or coming back from nationalizing their vehicles at the border, they’ll want to fill up their tanks near the border, where the gas tax will still be 11% until the end of the year. Will anything change at customs (Aduana)? Yes, temporary importation of certain goods will also start being taxed. That could open the door in the future for a tax on the temporary importation of vehicles. Not yet, though. And, the mandatory use of customs agents for any value of goods to be imported has been eliminated. The use of an agent will be optional, which is a good thing because then they’ll have to be more competitive in terms of rates and quality of service. Also, customs is going to be checking the value of imported goods more closely and communicating with the countries where merchandise is leaving to check declared values. People may be more likely to get caught if their car nationalization pedimento say the car is worth 10,000 pesos, but it is clearly worth much more. What about new banking regulations? Starting in 2007, there had been a tax on large cash deposits: 2% on the amounts of deposits exceeding 15,000 pesos, changed in 2010 to 3% on amounts exceeding 15,000 pesos. Those taxes have now been eliminated. But, banks are now required to report to SAT any deposits over 15,000 pesos, and any payment of credit card debt of $20,000 pesos made at a time. SAT may also audit you and compare your credit card expenditures to your declared income. They can then contact you to explain these transactions within a certain time frame. If you don’t respond within that time frame (say, 20 days), they could establish liens and levies. And, of course, you wouldn’t respond if the address they have for you is old. So, it will become very important for people to make sure their bank has up-to-date home addresses and email addresses. That’s especially true for snowbirds. They’ll need to check their email frequently while they’re gone. Also, banks will require people to have an RFC (tax ID number) in order to open a bank account. They have enabled the ability to get an RFC number online but people first need a CURP number which has to be processed through immigration, but that could take time to set up. With offices closing for the holidays, people may have problems in January and would have to wait until February to open the account as they need their CURP first although the Guadalajara immigration office processes them same day and Chapala does not so Chapala residents who do not want to wait should apply for their CURP number in Guadalajara. Anything new for businesses? Yes, the current process for small business reporting (REPECO) will be eliminated. Currently, small businesses report their gross earnings every two months. For January, that will still be the case in order to report earnings for the November – December months. After that, there will be more paperwork. The process will come through the regular tax system. That is, earnings will need to be reported, and so will deductions, and facturas (invoices) – just like big businesses do today. And the tax rates will be between 2% and 35%. Not only will there be more paperwork, but there will also need to be greater mastery of Spanish. My office will help people by getting them set up and familiar with the new system. Another change is the elimination of the business IETU tax (single-rate flat tax started in 2007). And, non-profits will start being required to be authorized by the SAT to receive donations which would allow them to continue preferential tax treatment. That’s obviously going to be critical for them. They should probably start that process immediately, and try to get their major contributors to donate before January 1st. The most controversial of the new business regulations is probably the requirement for electronic facturas and the elimination of paper facturas and to give all employees online facturas (CFDI) rather than paper facturas when they get paid in order to be able to deduct their wages. That system may not be ready by January 1st, by either the SAT or the businesses, so that’s going to create a lot of problems. What about tax changes for investors and real estate owners? Mexico has caught up to many other countries and will tax capital gains on the sale of stock at a rate of 10% as well as tax dividends at the same rate of 10%. For real estate sales there will be a maximum capital gains tax exemption pegged using the UDI index (investment units) with a new limit of 700,000 which equates to about 3,500,000 pesos so any gains over that amount from a sale will be taxed, the prior limit was 1,500,000 UDIs with that exemption waived if someone could prove they lived in the home for the preceding 5 year period. That’s a lot of changes. There are more. Those are just the ones that I think will affect expats the most. SAT is also firming up the tax code in other ways. They did some research to determine where and why they lost tax court cases in the past, and have now plugged some of the advantages taxpayers had in court. I’ll know more next week (1st week of December), so I can give you an update then when I go to another 5 hour tax update class. Spencer
  16. So a client went permanent and wanted us to check their pedimento which was done by a person in Ajijic, not the same person who was selling fake pedimentos and stolen plates but a new person. We tried to check out the pedimento but nothing came up under the vehicle VIN number and the plates did not check out either. I will personally verify the pedimento with Aduana Thursday but I feel it is a fake due to the fact that the client met with the guy to import the car at the beginning of this month and then 2 weeks later got a pedimento dated January 14, 2013, 8 months before the parties met each other or did business. Anybody else out there please check, this person has been mentioned on web boards as being reputable and maybe he or his source have gone bad.
  17. We have been in the process of getting refunds for people whose car permits were erroneously canceled as well as those where aduana messed up. Today we called aduana in Mexico City and they mentioned that they have just revised their rules and we imagine they will publish them soon to clarify the new immigration laws in relation to the aduana vehicle laws. They told us that temporary residents will be able to have cars, let's wait for the publication but it should be soon.
  18. We successfully nationalized our 2004 Jeep Cherokee recently and wanted to share our experience with the webboard. We did it in Juarez where it took 3-4 days with most of the time supposedly taken up with the process of verifying that the car had nor been stolen. This could be shortened by getting the process started via deposit prior to arriving at the border but we used the time to visit with friends in El Paso and shop. In Juarez we used a customs agent named Daniel Rodriguez (656 264 7944) who was honest, professional and very reliable. He bent over backwards to make sure our experience and return home went off without hitch. Daniel's fee was $500, and the customs' charge was $800 (this varies with year and value of the car). There was also a small $80 charge from REPUVE right after we passed through customs for registering the vehicle in Mexico (this should be done to avoid any problems during the 30 days you have to get your Jalisco plates) . The drive down from Juarez was unremarkable with fewer miles and many fewer police stops than the route from Nogales. The road was good and we diverted to San Luis Potosi at Fresnillo to avoid reported problems in Aguascalientes. Once here we got lazy and used Spencer's office (1500 pesos) to facilitate procuring the plates in Guadalajara. His colleague Luis took care of everything ... setting up the appointment, making sure all our papers were in order and chaperoning us on the day of the appointment. You will need the originals and 2 copies of the pedimento and factura (obtained at the border), the car title, vehicle emissions inspection, proof of domicile, legal ID and 3300 pesos. If you need any more information. feel free to PM me.
  19. So I would like to tell you all and make public some information you all might find useful as well as be able to know that we are working towards a solution to the whole foreign plated car mess. I have had various meetings with SAT, the Mexican IRS and tax agency about doing the retorno seguro. We have done some without issue, however, they are used to getting one request every two weeks, not one a day from us and also others in Guadalajara have been using the process for stolen cars. We turned in a request yesterday and they halted the process due to suspicion of getting so many requests, relatively for them. I called and talked to the guy and explained to him why and he said nothing new has been published in the DOF and I said Mexico City has given us written resolutions not allowing residente permanentes extensions on their vehicle permits and emailed them the resolution. Then the guy started to understand. He also said what the government wasn't doing wasn't fair and we should fight it, I said sure but who will pay and who has time? We need to pick our fights as many clients cannot afford protracted litigation, especially when there is an easier and cheaper option. Today I met with the jefe, a wonderful gentleman who was extremely nice and very willing to help, to the extreme that he will help us prosecute the bad guys who have given fake documents with the full force of the Mexican federal government (the tax man knows everything and has more access to all people's records) as well as he has placed on the Federal Aduana Agenda a proposal to allow permanentes 90 days after receiving their cards to leave Mexico to eliminate the need for retorno seguro, we are still working on this and he has spoken to the office in Mexico and we are not sure if they would approve this and publish a decree nor how long it will take. I will continue to work with SAT to get the job done. Due to the recent fraud they want to physically see and inspect all vehicles. I mentioned that many of my clients are elderly as well as we have the issue of driving a vehicle with no papers to the site to make it legal. I am working out a plan where we will still present papers in Guadalajara but they will send an inspector to the Chapala area 2 days a week to do the verifications so as not to inconvenience people. Also they will get authorization from the other tax office heads to do the vehicle verification for them so that nobody will need to bring their cars into Guadalajara and we can bring the initial papers to Guadalajara and then finish the process locally. We also chatted about the donation of vehicles to the Mexican government. We spoke with SAT / Aduana in Mexico City and they said people can only donate vehicles prior to the expiration of their permit, this really helps few people. I am working with the jefe to change this and will present a proposal to him to present to the head aduana office in Mexico City where people will be able to donate vehicles as well as have the benefit go to a local charity for the benefit of the local community notwithstanding the fact that the vehicle permit has expired. This fine gentleman sees things our way and understands the issues as well as the law and we had a great chat and soon (remember this is Mexico) we hope to be able to lessen the burden on foreigners with their vehicles.
  20. Well the car issue has been a hot topic for many people. Just right now we received a response to the vehicle notifications we do for residente permanente where they rejected the persons right to keep their vehicle and said as it was equivalent to inmigrado before and it is for being permanently in Mexico and the vehicle importation is temporary that the person cannot have their vehicle here and must use the retorno seguro to remove it. I have scanned the relevant page we received today. I would advise all residente permanente people to immediately NOT drive their vehicles due to Aduanas oral policy now being in writing, even though it remains a gray area of law to prevent impounding of vehicles in the event of a traffic stop or accident where it may be a hassle to get the vehicle back. http://www.chapalalaw.com/SAT%20Permanente.pdf
  21. My understanding is that when one obtains Residente Permanente status, they may no longer drive in MX with US plated cars. Can any one confirm this? More importantly, does anyone know WHO can do so? Need we go to the frontera/border? and if so, is there a known person who can handle it? I am interested in finding the correct information as to this matter! Anyone else?
  22. Nothing has been officially published but lots of speculation and rumor. The only official letters come out of aduana in Mexico City so I had my law student employee call the department at aduana in Mexico City that deals with foreign plated cars. No new rules published yet but they told her that temporal can keep foreign plated cars and permanente must return their foreign plated cars to the border. So it looks like they are treating temporal like FM2 and FM3 and permanente like inmigrado which is how immigration was making them equivalent to. Here is what she wrote me: Spencer, Ya hable a aduana y me dicen que ellos no han recibido nada relacionado con el mismo pero me dicen que están aplicándolo de la siguiente manera> Los únicos que aplican son los turistas y los residentes temporales, y se maneja de la misma manera (dando avisos de la renovación y así...). Y que los Residentes Permanentes deben regresar el vehículo al extranjero, haciendo el trámite de cancelación para el regreso de la garantía y me dio este link http://www.aduanas.gob.mx/aduana_mexico/2012/descargas/vehiculos/Manual_importacion_temporal_vehiculos.pdf y eso fue todo. Me dijo que desafortunadamente Secretaría de Gobernación no ha proporcionado información y por lo mismo no se han hecho las modificaciones.
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