Oct 31, 2011, 12:23 PM
Post #27 of 27
People have asked me to write about how my situation re: paying a tax when cancelling a permit played out.
Re: [yodave] Tax when cancelling a vehicle permit??!!!
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Cancelling the permit is one of the conditions of the insurance company before they will pay out for the stolen car. However, my company wisely and considerately gives some of their clients the option of sending them(by email)a notarized letter they call a "No Cancelar de Permiso"(or something like that). It's a letter they sent me in Spanish for me to just fill in the blanks that basically says I went to the local Aduana and requested to cancel my permit but was denied to do so by them. This "denial" takes this form-they tell me what the taxes are, I tell them I won't pay them, they deny me the cancellation. I send the signed letter to the insurance company for them to check it out for accuracy(by the way, they also told me I don't even have to go to Aduana or even call them-just tell them I did in the letter-this letter is entirely the insurance co.'s business evidently). After they check it out I can then scan and email my signed copy to someone in the US and they can then go to a Notary Public and have the document notarized when that person signs it and then I can send by email that US notarized letter to the company and they process the claim immediately as long as they have all my other required forms. Aduana never sees this letter.
The downside of doing this is that you then can no longer bring in a US vehicle because you never canceled the permit. The way the Mexican gov't is changing the rules on bringing in US cars-I don't WANT a US plated car here so will buy a Mexican one.
Now, the really important stuff. How does Aduana calculate the taxes you owe on your stolen vehicle? This is how the guy did it in Queretaro and that's all I can speak to. He went into one of the back rooms-wasn't going to do it in front of me-and 45 minutes later came out with a few pieces of paper. One had a nice photo of my brand new 1996 Rav4 he got from some website. Next to the photo was what one would have paid for that car in 1996. In this case it was $27,727 US(which I have since found out is the price for a fully loaded 1996 Rav-the list price was closer to $18,000.
He then multiplied the $27K figure by an exchange rate he got off the international rate---13.63!! That day the rate was 13, and besides, that wasn't the rate in 1996!!!! So far 2 major mistakes in the way he is calculating this.
He then showed me how he deducted 10% from the value every year until he got to the current value. He then multiplied the current value by 50% to come up with my tax(remember this is all based on a fictitious 13.63 rate)which came to about 30,000 pesos! He then multiplied by 16% to get the IVA and came up with a grand total of $44,000 and change. His IVA calculation was $14,800-approx! So that was the last big mistake-he missed the correct IVA by 10,000 pesos.
All of this was done on a Friday late afternoon when he was under the gun to go home and I was feeling the pressure of holding him up and was exhausted so I didn't catch these errors until the next day when I went over his figures-he wouldn't give them to me but I remembered them clearly.
My taxes according to him on my stolen 1996 Rav? Close to $4,000 US !!!!
I am not paying them and now have to send all kinds of documents to Aduana in Mexico City stating this. In the meantime my claim is being processed and will hopefully be paid me in about a week. My insurance company gave a very good evaluation on the car and now I am hoping there will be no complications on the US side.
Just to clarify one thing I read in other posts-Aduana does not tax your insurance payment. They can't, I believe, because the transaction is really a US transaction. It's in US dollars and mailed from the company whose office is in California even though they are a Mexican company to my US bank. It never crosses or touches Mexican soil.
Of course, if you decide to pay the damn tax you, in essence are paying about 50% of the value of the insurance co.'s payout-sometimes more-but it's not really that payment that is being taxed.
I know I've gone on but a lot of people wanted to know exactly what happened.
Thank you to everyone who gave me advice. Now I am looking for a used Mexican plated Toyota Rav4 or Honda CRV(hope this isn't considered an ad)so feel free to contact me privately if my putting this on here isnt a breach of forum etiquette. If it is I apologize and feel free to retract it mr/ms moderator.