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lakechapaladreamer

Feb 2, 2007, 9:43 AM

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Off to Laredo to Establish State Residency

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I posted this originally in the wrong forum.

Well, we finally have taken care of all the necessary legalities here in Mexico since our move here in Dec. Wahoo!!! We bought our house in Rancho del Oro 2 years ago and have been planning and researching and retiring, etc since then. This is our permanent year-round residence now (other than a month a year to visit stateside friends and family), so we definitely don't feel we need to go on paying taxes to CA (no CA property, etc). We have done our research, both here and the Texas gov websites, so we know what we need to do to establish residency there. This means driving there, getting a state inspection of the cars, applying for a Texas DL and going to the Tax office to get our license plates. We will also register to vote while we are there. We have a Laredo address through Handi-Mail (by the way, we are EXTREMELY pleased with the service we receive from them).

Has anyone done this successfully? Has anyone done it in McAllen? Would there be an issue of having a Laredo address if we did the process in McAllen? McAllen is supposed to be much cleaner and has better shopping. It takes about the same amount of driving time for either, but our biggest concern is to have the legalities go through smoothly.

Does anyone have a recommendation as to a place to stay in Laredo? We would like a place with safe parking? We are planning to leave a week from Sat and arrive in Laredo early Sun eve. Then we have the week in case we need it.

After reading posts, we plan to use the Columbia crossing both ways. Since we have our FM-3s, and stickers, do we have to stop at the border to do anything or just drive thru?

We are planning to pick up some linens while we are there. Is there a mall with big box stores (Sears, Mervyns, Target, or Texas equivalent stores) nearby?

Thanks in advance for any info you may have on any of the questions above.

Diana

jerezano

Feb 2, 2007, 10:37 AM

Post #2 of 44 (3090 views)

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Re: [lakechapaladreamer] Off to Laredo to Establish State Residency

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Hello lakechapaladreamer,

And you caught me. I wrote a long anddetailed reply to your original post and then couldn't post it.

But let me try to answer some of your questions: You stated: We have a Laredo address through Handi-Mail

The Department of Safety and Tranportation in Texas will accept your mail forwarding address as long as it is not a Post Office Box. No problem. But the question of residence is not that simple. I live in Harlingen. Here the voter registration people would NOT accept my mail address. I HAD to provide a residence. So I bought a cheap Park Model trailer but now have to pay some $2000 us dollars a year for lot tenancy.

Advice: Do NOT close out any of your bank or other financial accounts. The Homeland Security Act requires a bona-fide residential address to open any new accounts. Those banks etc DO accept a voter's registration card, they will not accept your mail forwarding address.

More advice: Do you need to file a Federal Tax Return with IRS? If so, your domicile remains California until you change it. In my case IRS accepted my mail box address, but then I was domiciled in Texas before that change. Your case may be up for grabs. Of course you can file as a citizen resident in a foreign country but I know nothing about that.

Mc Allen to Monterrey via cuota is exactly the same time as Laredo to Monterrey.
The free highway to Monterrey is dangerous because of blind passings and is 30 to 45 minutes longer.

You asked:..Since we have our FM-3s, and stickers, do we have to stop at the border to do anything or just drive thru?

You just drive through. But that is not the red tape way. Legally you are required to get your FM3 stamped on exit, pick up another document and when you return get your FM3 stamped again and SHOW that other document. I have been going back and forth for 10 years now and have never had to have the FM3 stamped. Who knows?

If you want information about McAllen, private message me.

Adiós. jerezano.

Bubba

Feb 2, 2007, 12:38 PM

Post #3 of 44 (3067 views)

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Re: [lakechapaladreamer] Off to Laredo to Establish State Residency

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lakechapaladreamer:

I´m not sure I understand whay you want to establish residency in the United States. What is the advantage unless you are a green card holder?

A word of caution. you must be cautious in Laredo using that Handi-Mail address. I did use the MBE mailing address in Laredo a few years ago to register my car in Texas but I have heard from others since that they may be on to that little scam. You may go to a lot of trouble just to be turned down by the tax office just because of that address. I also think you will need more than a Handi-Mail address to get a driver´s license in Texas these days. Perhaps a current utility bill or rental deposit receipt or something of that nature.

For filing Federal income tax returns, just use your Mexican or Handi-Mail address. Do not use your California address if you may owe them state income taxes.

As for banks, Jerezano is right. You need to have established U.S. bank accounts and credit card accounts before you move here or you will not be able to open new accounts. However, the fact that you have moved to Mexico after establishing those accounts is of no consequence - especially since you have that Handi-Mail address.

The best hotel in Laredo is probably La Posada but it´s expensive. They have a lot of places such as the Red Roof Inn if you are looking for an economy room.

I still, however, wonder why you want or need to establish U.S. residency vs. simply having a mail forwarding address there.


(This post was edited by Bubba on Feb 2, 2007, 1:03 PM)

esperanza

Feb 2, 2007, 12:57 PM

Post #4 of 44 (3060 views)

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Re: [Bubba] Off to Laredo to Establish State Residency

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I still, however, wonder why you want or need a U.S. address.
Not to mention why you'd rather go to Laredo than to McAllen. McAllen is by far the better destination, for everything from shopping to motels to crossing the border (in either direction).




http://www.mexicocooks.typepad.com








roni_smith


Feb 2, 2007, 2:32 PM

Post #5 of 44 (3031 views)

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Re: [lakechapaladreamer] Off to Laredo to Establish State Residency

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A lot of people who full-time in RVs choose Texas as their residency state. A check of the escapees.com website will yield copious information on the procedures etc....
------
Planning for Mexico Move Blog


lakechapaladreamer

Feb 2, 2007, 7:13 PM

Post #6 of 44 (2993 views)

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Re: [Bubba] Off to Laredo to Establish State Residency

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We just moved here from the states, so we aren't establishing US residency. I was under the impression that one must have a state of residence, even when living out of country permanently. We just don't want to keep CA as that state. By the way, I was born in Texas, entered the military in Texas and even have family (though rather estranged) in Texas, so I feel Texas was a good choice. We also plan to visit the states once in awhile, so we need to keep current plates.

Also, as far as this being a "scam", as long as non-resident US citizens with no property in the states are required to claim a "state of residence", we will be forced to pick a state to claim. Why not pick a state with no income taxes, since we don't benefit from the services they provide? We will be contributing in various ways here in Ajijic, where we now live.

These are the Texas Gov links I researched. Nowhere is there any mention of length of stay, use of PO boxes, etc. It is pretty clear cut and is a common practice for RVers. I will post the results of our expedition. Wish us luck!

http://www.dot.state.tx.us/...on/new_residents.htm

There is also a link for a "New Residents Brochure".

Vehicle Requirements for New Residents –
Vehicle Title/Registration Process
  1. Get a vehicle inspection.
  2. After your vehicle passes inspection, take the inspection certification and proof of insurance (required by law) to your county tax office.
  3. Provide the vehicle's odometer reading if it is less than 10 years old.
  4. Present an original out-of-state title or current foreign/military ownership document. If your title is unavailable, take your registration document and proof of sales tax payment.
  5. Submit a vehicle title/registration form [pdf, 2 pages, 113kb].
  6. Pay the following for each vehicle you title/register:
    1. registration fee [pdf, 1 page, 943kb],
    2. title application fee of $28 or $33, depending on the county, and
    3. new resident tax of $90.

Additional fees may also be due at the time of registration. For more information, please contact your county tax office. For information about the new resident tax, please contact the Comptroller of Public Accounts.
Exceptions
You are not required to title or register your vehicle if you are a non-resident active duty member of the U.S. Armed Forces, non-resident full-time student attending a Texas college or university.
For more information about the vehicle title/registration process, please call (512) 465-7611 or send us an e-mail.
Vehicle Requirements for New Residents

http://www.txdps.state.tx.us/...ol/movingtotexas.htm Moving to Texas?

New residents moving into Texas, who have a valid driver license from their home state, have 30 days after entry into the state to secure a Texas driver license. To apply for a Texas driver license, applicants will be required to:


Applicants age 18 and over with a VALID out-of-state driver license
NOTE: If you have never been licensed or have an EXPIRED out-of-state license, you will be required to pass both the written and driving exams, in addition to a vision test.

http://www.sos.state.tx.us/...lets/largepamp.shtml

Texas Voting
The Elections Division of the Secretary of State’s Office is open from 8:00 a.m. until 5:00 p.m. weekdays, and during the hours that the polls are open on all uniform election dates (2nd Saturday in May and 1st Tuesday after the 1st Monday in November). Statewide and federal elections (which are held in the months of March, April, and November). Answers to questions on election law and procedures may be obtained by telephoning the Elections Division toll-free at 1.800.252.VOTE (8683) or direct at 512.463.5650.
Thank you for your interest in Texas elections. Please call the Elections Division staff if we can be of assistance.
Who can vote in Texas?
To be eligible to register to vote in Texas, any United States citizen residing in Texas who is:
  • At least 18 years old on Election Day
  • Not a convicted felon (unless sentence, probation and/or parole are completed)
  • Not declared mentally incompetent by a court of law
How do you register?
Registering to vote is easy in Texas . It doesn’t even require a stamp! Official applications to register to vote are postage-paid by the State of Texas .
In most Texas counties, the Tax Assessor-Collector is also the Voter Registrar. In some counties, the County Clerk or Elections Administrator registers voters. You may obtain an application from the county Voter Registrar’s office, the Secretary of State’s Office, libraries, many post offices, or high schools. From our website, you may request that we send you an official, postage-paid application. Or, you may download an informal application, but you will be required to affix a stamp before mailing. You may also register to vote when you apply for or renew your driver’s license.
Read the instructions on the form, fill it out and mail it, postage-free, to the Voter Registrar in your county, or take it to the Voter Registrar’s office in your county.
You must be at least 17 years and 10 months of age on the date you apply. If for any reason you cannot register yourself, with your permission, your spouse, parent or child may fill out and sign an application for you if that person is a registered voter or has applied for voter registration. This person is known as your "agent."
The application must be received in the Voter Registrar’s office or postmarked 30 days before an election in order for you to be eligible to vote in that election. You will receive a voter registration certificate in the mail after the Voter Registrar has processed your voter registration application. Upon receipt of the voter registration certificate, sign it, fold it and keep in it in your wallet and take it to the polls with you when you vote.
All voters who registered to vote in Texas must provide a Texas driver’s license number or personal identification number issued by the Texas Department of Public Safety. If you do not have such a number, then you must state that fact and provide the last four digits of your social security number. If you do not have a social security number, you must also state that fact.

morgaine7


Feb 2, 2007, 9:29 PM

Post #7 of 44 (2965 views)

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Re: [lakechapaladreamer] Off to Laredo to Establish State Residency

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Quote
I was under the impression that one must have a state of residence, even when living out of country permanently.
Hello, where did you get that impression? I've lived out of the US permanently for 25 years straight and do not have a state of residence that I'm aware of. I file Federal tax returns declaring my foreign resident status.

Kate

Bubba

Feb 2, 2007, 9:57 PM

Post #8 of 44 (2963 views)

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Re: [lakechapaladreamer] Off to Laredo to Establish State Residency

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We just moved here from the states, so we aren't establishing US residency. I was under the impression that one must have a state of residence, even when living out of country permanently

Also, as far as this being a "scam", as long as non-resident US citizens with no property in the states are required to claim a "state of residence", we will be forced to pick a state to claim

Lake ChapalaDreamer:

You have been greatly misinformed. There is no such requirement and there never has been as far as I know. No requirement for federal income tax purposes or social security benefits purposes or medicare purposes or any other legal purpose.

We have lived permanently in Mexico for six years. I am a U.S. citizen and my wife is a French citizen. We have had no address in the U.S. since leaving California in 2001. We pay our federal income taxes and receive social security benefits without any U.S. address. We are eligible for medicare without a U.S. address even though we need to be actually living in the U.S. to utilize medicare benefits. Notice I said live in the U.S., not have a U.S. address while living abroad.

By the way, you needn´t worry that the California Franchise Tax Board will hit you up for income taxes because that was your last state of residence when you moved here. You have no assets there according to what you said here so that is not an issue. Besides, you have that Handi Mail Texas address already. No sweat.

One more thing, you can register your car in Texas without title transfer. I registered my California titled car in Texas with my Mail Boxes, Etc. address in Laredo. You could keep current Texas plates that way.


(This post was edited by Bubba on Feb 2, 2007, 10:17 PM)

lakechapaladreamer

Feb 3, 2007, 7:12 AM

Post #9 of 44 (2926 views)

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Re: [Bubba] Off to Laredo to Establish State Residency

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Thank you all for the information. This is very interesting I will have to find out more about the tax issue (and much more). Of course, we do owe taxes for this last year, as we just moved here, but I have this coming year to figure things out.

As for Texas, it still sounds like a good idea to drive to Laredo (as, according to the Tax Accessor website, you need to go to the county in which you "reside" and our mailing address is in Webb county) to register the cars in order to get Texas plates. It also makes sense to get a Texas DL to complete the CA "purge" while we are there.

I think what might have happened is that while reading all the posts about license plates, etc., I had the idea that state residency had something to do with it. Most of our friends here are new also, so we are bumbling along as best as we can. I must say that each day brings new discoveries and we are very much enjoying the learning process!

esperanza

Feb 3, 2007, 7:39 AM

Post #10 of 44 (2914 views)

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Re: [lakechapaladreamer] Off to Laredo to Establish State Residency

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Do a search of the forums for South Dakota license plates.

Get a Mexican driver's license.




http://www.mexicocooks.typepad.com








Bubba

Feb 3, 2007, 8:48 AM

Post #11 of 44 (2897 views)

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Re: [lakechapaladreamer] Off to Laredo to Establish State Residency

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As for Texas, it still sounds like a good idea to drive to Laredo (as, according to the Tax Accessor website, you need to go to the county in which you "reside" and our mailing address is in Webb county) to register the cars in order to get Texas plates. It also makes sense to get a Texas DL to complete the CA "purge" while we are there.

I think you are over-thinking this. As Esperanza says, look into South Dakota plates if you need current plates to drive in the United States. Many do that here and you can do it without ever going to South Dakota. If you don´t plan to drive in the states, you do not need current plates. My pickup truck has California plates that expired in 2002 and the Mexican authorities do not care about this as long as my import papers and immigration status are in order.

About the driver´s license. If you have some time left on your California driver´s license, that is sufficient for driving legally here in Mexico and in the United States. If you are going to get a new driver´s license, get a Jalisco driver´s license. You can take the simple test in English at the traffic office in Riberas del Pillar and the license is good for four years. The fact that you are still driving on a California license is not an issue when it comes to any state income tax liability you may incur in California. Relax. They can´t touch you.

Two things I would do:
Cancel my California voter´s registration telling them in writing I now reside out of the United States.
Notify the DMV you no longer reside in California or the United States.

Some might argue with those points. If so, I will say why I think you should do those two things.


(This post was edited by Bubba on Feb 3, 2007, 9:00 AM)

bournemouth

Feb 3, 2007, 8:57 AM

Post #12 of 44 (2888 views)

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Re: [Bubba] Off to Laredo to Establish State Residency

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Can you, in fact, take your test in English in Riberas del Pilar? One of the last reports I read was that the office is closed and one had to go to Guadalajara to take the test - can anyone bring us up to date on this point and whether the test can be taken in English please.

sfmacaws


Feb 3, 2007, 9:01 AM

Post #13 of 44 (2886 views)

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Re: [Bubba] Off to Laredo to Establish State Residency

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I think some of you are underestimating California's ability to reach out and hold on to you. If you have a pension from California, taxes will be withheld for the state from it and you will have to do what the OP is talking about to get yourself officially OUT and not have to file a CA state tax return. Same thing if you have a brokerage account from a CA office. It makes perfect sense to me that they want to officially become Texans now, if they decide later on to drop their US license and plates they will still be residents of their last official state residence (better that that be Texas than California) and they will vote there for as long as they live out of the country.

Some people may not care that Calif is sending them letters saying they owe a return and back taxes, I think Bubba you said you got one of those and threw it away. For others, it would be upsetting to get that kind of letter. Why not tidy it all up right away and preserve a lot more options.

Jonna - Mérida, Yucatán

Bubba

Feb 3, 2007, 9:02 AM

Post #14 of 44 (2885 views)

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Re: [bournemouth] Off to Laredo to Establish State Residency

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I´ll ask Bournemouth´s question on a new thread.


(This post was edited by Bubba on Feb 3, 2007, 10:37 AM)

gurley

Feb 3, 2007, 10:15 AM

Post #15 of 44 (2862 views)

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Re: [Bubba] Off to Laredo to Establish State Residency

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Hi Bubba - and Everyone,

"We are eligible for medicare without a U.S. address even though we need to be actually living in the U.S. to utilize medicare benefits. Notice I said live in the U.S., not have a U.S. address while living abroad."

Bubba, I'm not sure if I'm reading your above comment accurately? So, I'd really appreciate your clarification. As I read your comment here, it sounds as though you're saying that you cannot use Medicare unless you are "living" in the U.S.? That you can't simply "return" to the U.S. when you want to obtain care that is covered by Medicare?

I think I'm misinterpreting what you said!? We're entitled to Medicare, aren't we, whether we live in the U.S. or not? (We certainly paid into the system!) I know that Medicare will not cover Mexican health care, but I'm counting on being able to return to the U.S. for Medicare-covered care if needed. Will I be able to do this? Is it problematic in any way?

Muchas Gracias,

Rose

God Bless the World - No Exceptions!

esperanza

Feb 3, 2007, 10:22 AM

Post #16 of 44 (2858 views)

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Re: [gurley] Off to Laredo to Establish State Residency

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You're right, Rose. Even if you live in Mexico, you can use Medicare's services in the USA.




http://www.mexicocooks.typepad.com








jerezano

Feb 3, 2007, 10:23 AM

Post #17 of 44 (2857 views)

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Re: [gurley] Off to Laredo to Establish State Residency

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Hello gurley,

Quit worrying. You asked:>> I think I'm misinterpreting what you said!? We're entitled to Medicare, aren't we, whether we live in the U.S. or not? (We certainly paid into the system!) I know that Medicare will not cover Mexican health care, but I'm counting on being able to return to the U.S. for Medicare-covered care if needed. Will I be able to do this? Is it problematic in any way?

Yes, you may return to the USA at any time you wish and you may use your Medicare benefits on any eligible medical problem. You do NOT have to establish residency or wait for any periods of time. Many of us return to the USA for medical work of various types and use our Medicare as if we were permanent residents.

Personally the only problem which I have encountered was not with Medicare itself but with my other coverage insurerer. They would not accept a Mexican mail address. They do accept my mail box address.

Adiós. jerezano.

Bubba

Feb 3, 2007, 10:24 AM

Post #18 of 44 (2858 views)

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Re: [sfmacaws] Off to Laredo to Establish State Residency

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Jonna:

Keep in mind that LakeChapalaDreamer stated he/she has no assets in California and, I presume, that would include accrued pension benefits. Your situation is different in that you receive a pension from a public entity in California. Do they still try to withhold California state income taxes from your pension remittances?

I, likewise, do not trust the state of California. That´s the reason I no longer have any assets in that state and my banking and brokerage accounts are domiciled with Charles Schwab´s Global Operations Center in Orlando in permanent foreign residency status.

My last address in the United States was at a relative´s house in Alabama which I have never visited and never intend to visit.

In six years, I have filed my Federal income tax with a Mexico address and I´ve never heard a peep from the California State Franchise Tax Board.

On this subject, one word of warning. When the U.S. government, in an effort to encourage overseas citizens to vote in Federal elections, had a push to have overseas voters register in their last county of residence in the U.S., I registered for Federal elections only in Sonoma County, California. I actually voted in one presidential election. Then the state of California sent me an affadavit in which I was to swear that I was only out of the state temporarily. I wrote the Sonoma County Board of Registrars and demanded they remove me from their roles as I never intended to return there.

The hell with voting in the U.S. I live in Mexico.

You have to watch the California Tax Nazis like a hawk. They are without honor or morals.

I am trying to save LakeChapalaDreamer some trouble. He/she is engaging in overkill in my opinion. However, if LakeChapalaDreamer insists on going to Texas, Bubba would appreciate a case of watermelon rind pickles.

Three years ago Bubba was badly burned by Webb County (Laredo) over small technicalities when trying to register a car there for re-sale. Don´t blame me if you get up there and try to register you car and get a driver´s license only to be burned as well. I have my graduate degree in that one.


(This post was edited by Bubba on Feb 3, 2007, 10:40 AM)

j64

Feb 3, 2007, 10:49 AM

Post #19 of 44 (2849 views)

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Re: [Bubba] Off to Laredo to Establish State Residency

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Haven't had time to check it all out, but I understand that getting a drivers license in U.S. has been afftected by the terrorism issues. We will have to register with proof of birth, and proof of residence, i.e., it will compare with getting a passport. I also understand it is coming soon.

bournemouth

Feb 3, 2007, 11:52 AM

Post #20 of 44 (2837 views)

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Re: [Bubba] Off to Laredo to Establish State Residency

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Maybe a bunch of forum posters need to form a co-op condo group and buy a very small apartment somewhere, maybe Texas (no state income tax but horrendous property taxes), to be our address of record for voting, taxes etc. etc.

Ron Pickering W3FJW


Feb 3, 2007, 2:13 PM

Post #21 of 44 (2812 views)

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Re: [Bubba] Off to Laredo to Establish State Residency

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I think you are over-thinking this. As Esperanza says, look into South Dakota plates if you need current plates to drive in the United States. Many do that here and you can do it without ever going to South Dakota.

Gotta disagree with ya Bubba. You can get licensed in SD but you have 90 days to get there in person and get a drivers license. Reason being they want to take a picture of you for the DL. It's good for 5 years and then the process has to be repeated to renew the DL.

That's it as I understand it at the moment and this is the reason I have not registered my RV in SD as of yet.
Getting older and still not down here.

Bubba

Feb 3, 2007, 2:35 PM

Post #22 of 44 (2805 views)

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Re: [Ron Pickering W3FJW] Off to Laredo to Establish State Residency

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Ron:

I´m talking about registration only, not driver´s licenses. If all those people living in Mexico who registered their cars in South Dakota have to go there for driver´s licenses, they are in deep do do. Pretty funny in my opinion. One more scam bites the dust.

Ron Pickering W3FJW


Feb 3, 2007, 3:00 PM

Post #23 of 44 (2796 views)

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Re: [Bubba] Off to Laredo to Establish State Residency

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I realize that Bubba, but I think things may have changed. But I'm under the impression that in order to register now, that an address & DL are necessary. I'll go back to the SD site & take another look at the State regs in a bit...
Getting older and still not down here.

Bloviator

Feb 3, 2007, 3:06 PM

Post #24 of 44 (2793 views)

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Re: [Ron Pickering W3FJW] Off to Laredo to Establish State Residency

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Ron, unless they just changed the law and practice, you lose on this one.

About six months ago, when this came up, I pontificted that checking the internet for regulations regarding SD plates told me that it is required that one appear in person and that any incorrect responses on the form are grounds for felony prosecution. Reading the regulations indicate I was right. Reality indicates I was wrong - at least as to the way SD plates are issued in Clay County - and only Clay County evidently - South Dakota.

bournemouth

Feb 3, 2007, 3:18 PM

Post #25 of 44 (2786 views)

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Re: [dlyman6500] Off to Laredo to Establish State Residency

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Dick is right - Clay County only - you can read up on it in this link:

http://www.newbeginningsmexico.com/south_dakota_registration.htm
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