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SAT stops 104 customs agents due to lowball values


Intercasa

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As you may have read when I broke my story in November, 2013 regarding 2014 new taxes and issues, I stated

"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 says the car is worth just $10,000 pesos, while it clearly is worth much more."

Customs did exactly this and is seizing property of 9 importers and shut down over 100 for defrauding the Mexican government out of more than $3,000,000 dollars as well as providing falsified papers saying the cars were legally exported from the US.

Original press release in Spanish

http://www.sat.gob.mx/sala_prensa/comunicados_nacionales/Paginas/com2015_077.aspx

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This was easy to spot and I predicted it. All pedimentos had a value for the vehicle of $1,000US more or less, even luxury cars and then I learned in my tax class in 2013 that SAT would be verifying values in 2014 so I made the comment in my article and that very thing happened.

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A couple of months ago several of the largest custom brokers in Laredo were shut down by the US in a joint operation with Mexican authorities for money laundering. Two of those taken down had been recommended on this website.

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A couple of months ago several of the largest custom brokers in Laredo were shut down by the US in a joint operation with Mexican authorities for money laundering. Two of those taken down had been recommended on this website.

A couple of months ago several of the largest custom brokers in Laredo were shut down by the US in a joint operation with Mexican authorities for money laundering. Two of those taken down had been recommended on this website.

Do you have a source you can post about this? Not doubting, just curious to read more, thanks.

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http://www.expressnews.com/news/local/article/Prosecutors-Men-pocketed-800-million-in-silver-6239639.php

Drug money is laundered thru customs agents in a variety of ways.

Go to the end of this article under Dirty Money and you can read of an example of a connection between drug money laundering and customs brokers, Further investigation followed the other link I posted and that subsequent investigation resulted in some custom brokers who were implicated in the drug money trail. Another recent event in Laredo,Texas in May.

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Not all is bad news as we resolve the back log and process NAFTA made, 2009 and older vehicles, already in Mexico and registered in Canada and the US. :-)

The cars I nationalize are done so by using an amparo (injunction). Many amparo's were cancelled and few people can nationalize cars already in Mexico. Our amparo is active and Aduana is starting to process the cars I have waiting to nationalize since September. I am told the those waiting the longest will be first. Aduana is also asking 2000 pesos more per car for those started before September. Between UCD and I, we will pay the 2000 pesos. My clients are not being asked to pay more, we will. This information is new and I have no other answers but when I do I will let you know.
Thank you for your patience.
Integrity matters!
Sonia
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Other investigations started in July as many stolen cars, some were non-NAFTA and cars too new were nationalized but these are mostly associated with cars being brought in by large commercial operators, dealers etc. But as I posted above there is good news also and some have integrity.

saludos

Sonia

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  • 2 weeks later...

I don´t recollect ever reading a post where someone explained the difference between "nationalized" an "legalized". So to further confuse everyone I will throw this comment in. Disclaimer, I´m not a lawyer, facilitator, or work for Aduana.

My DF friend has told me that a nationalized vehicle will have Mexican plates and can be insured within Mexico but it cannot be removed from Mexico and then driven back into the country. A nationalized vehicle does not have a pedimento. It also cannot be removed from Mexico and driven back into Mexico from two states, estados libres, Baja Sur or Quintana Roo, both created as free states in 1974. Full coverage insurance is not available with a nationalized vehicle since there is no pedimento. Liability only insurance is available.

The cost to nationalized is generally a fraction of legalization. For example, 5600 MXN nationalized vs 27,000 MXN legalized when comparing two motorcycles that I have converted. One nationalized 2015 and one legalized 2014.

A legalized vehicle will have a pedimento and you can travel across all borders. Mexican Plates and insurance are obtainable also. Full coverage insurance is available since the vehicle will have a pedimento.

If anyone cares to add to this definition or correct this information, feel free to jump in. Most often the answer to clarify the differences begins with "depende," or "As I understand it,"

I have one of each, one nationalized, legalized, and the third is US plated on TVIP. All are insurable within limits of the law.

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Kiko, can you translate pedimento and factura. What are the equivalent documents in the US? Most states require bill of sale, endorsement etc., and now use 80% of blue book value to establish tax basis. I have heard the US state title is kept here and the additional documents clipped to it. Thanks, Everest

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Kiko, can you translate pedimento and factura. What are the equivalent documents in the US? Most states require bill of sale, endorsement etc., and now use 80% of blue book value to establish tax basis. I have heard the US state title is kept here and the additional documents clipped to it. Thanks, Everest

Someone else here can better define those terms than me. The documents I provided in the Nationalization process locally was TX title, photo of vehicle, Curp, Mexican visa, and proof of residency in Mexico, (CFE or phone bill.) That process took place in July 2015. I was quoted about 13000MXN to legalize this bike at the border but choose to Nationalize it instead since it is a dirt bike I ride locally.

Same for Legalization along with a copy of my passport and bill of sale from previous owner of vehicle IRRC. That was in May 2014. I legalized the street bike because I cross the border with it 5 or 6 times a year.

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Pedimiento is a federal importation document which proves the definitive federal importation taxes were paid on merchandise (or a vehicle). It is the proof that the goods are legally in the country and not contraband.

A factura is a receipt BUT there are no vehicle titles in Mexico so the receipt is the only document that proves ownership and future owners have it signed over on the back of the document.

The only exception to the above is for a nationalized vehicle they use the foreign title and future owners have it signed over on the back of the document as well.

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Intercasa´s explanation is exactly as I understand it.

Note also that some of the local Recaudoras are short a few sandwiches a picnic and although you have a factura they may not comply with the law since they do not know the law. You will have to go to Guadalajara to get your plates or renewal done.

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The documents I provided in the Nationalization process locally was TX title, photo of vehicle, Curp, Mexican visa, and proof of residency in Mexico, (CFE or phone bill.) That process took place in July 2015.

Kiko - where did you go to complete the Nationalization process? Did you do it yourself, or did your friend in DF help you?

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I nationalized a ´03 Kawasaki KLX400, Legalized a ´08 Kawasaki Versys, and the wife´s CRV is on TVIP.

I finally took that gravel road between Cojumatlan and Las Gallinas that you told me about. Some nice views up there and a quick short cut if you want to drop down to Cotija de La Paz or San Jose de Gracia. Thanks for the tip.

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What about people who want to stay temporary, keep their NOB plates, etc.? Do they have to go back to the border? Or, can they just renew their 4 year temporary residence visa? (Clarifications in bold)

Evidently there are ways to accomplish that goal by letting the visa expire, then paying a fine to regularize in Mexico. However, the vehicle TIP becomes invalid upon that expiration. That said, there are some indications that certain Aduana offices have extended the TIP to match the new visa. I doubt that can be done everywhere, or that the loophole can be depended upon for very long.

After all; how long is temporary, before it becomes permanent? It seems that the new rules intend for temporary folks to be just that, and, if they wish to stay longer, to become permanent residents and divest themselves of their foreign plated vehicles in favor of a vehicle purchased in Mexico. Having a Mexican plated vehicle does have advantages.

As much as it hurt my own budget to buy a new car in Guadalajara, becoming Residente Permanente also has advantages and can even lead to naturalization, if desired.

We cannot expect to have everything just the way we want it, can we? As it is, Mexico is very generous with its immigration and car policies.

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"It seems that the new rules intend for temporary folks to be just that, and, if they wish to stay longer, to become permanent residents and divest themselves of their foreign plated vehicles in favor of a vehicle purchased in Mexico. Having a Mexican plated vehicle does have advantages.

As much as it hurt my own budget to buy a new car in Guadalajara, becoming Residente Permanente also has advantages and can even lead to naturalization, if desired."

You are not reading the post carefully enough. You did not have to sell your foreign plated car and buy a new Mexican plated car. You could have converted your used, ex-foreign plated car, to Jalisco plated, and the whole works. As long as you are comfortable with liability only insurance, and not making return trips to the U.S. or Canada or the Mexican `free`States (necessitating new paperwork I guess). I can live with that, carrying some cash for repairs which are your fault, and the number of Mexican drivers with no insurance whatsoever, it is probably preferable than getting insurance companies involved anyways, since they are so reluctant to pay out. I also wouldn't do it though if I was driving a $50,000 US vehicle with gold plated bumpers.

I was told this same thing three years ago by a car dealer but Kiko is the first to actually report going through the process (although I suspect this was the same system used in Puerto Vallarta)

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Ours was a J-car and we did not sell it. We simply hid it away in one of our garages for a couple of years, then got a Retorno Seguroo to drive it NoB when we sold our home and moved to Tucson. It was the German-French-Mexican car that we sold, since we could not import it to the USA.

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