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chicois8

Feb 11, 2016, 8:35 AM

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Bureaucracy Mexican Style

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A friend of mine and fellow American told me for her to sell her house she needed an RFC number from SAT ( Hacienda / Mexican tax collector) to complete a sale. Having bought my home in 2007 with just an FMT and being in Mexico each Oct. through February I did not stay over 180 days per year and I never needed to become a temporary resident and never needed or wanted that visa status. Now I am being told I need a C.U.R.P. number from INM ( Mexican Immigration ) so here is what happened yesterday:

After visiting SAT offices in Puerto Vallarta I was sent to the INM office at city hall in Puerto Vallarta who told me that office was for C.U.R.P. numbers for nationals and I should go to another INM office by the cruise ship docks for foreigners. I went, explained my situation and was told I had to obtain a Temporary Resident Visa in able to get the C.U.R.P. number so I can get a RFC number. I have my home up for sale and I am trying to make sure that if my agent calls in say June or July and has a sale I have everything needed to complete a sale beforehand. I have only 3 weeks before I return to the USA for the summer . I do not have time to go to my local consulate in San Francisco to start the ball rolling for a TR Visa, and then turn around and come to Mexico to get an TR Visa and the numbers needed for a legal sale.

I was under the impression that someone who bought real estate with an
FMT / FMM could sell without having to go through the hassle of obtaining a TR Visa.
Any Ideas?
Rincon de Guayabitos,Nayarit
San Mateo, California



rvgringo

Feb 11, 2016, 8:57 AM

Post #2 of 9 (9220 views)

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Re: [chicois8] Bureaucracy Mexican Style

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You may not have a choice, but before you panic you should consult with a notario. Odds are that you will show a large profit in pesos, due to the exchange rate, and be subject to Impuest sobre la renta; but, a notorio shoud be consulted.


YucaLandia


Feb 11, 2016, 12:15 PM

Post #3 of 9 (9184 views)

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Re: [chicois8] Bureaucracy Mexican Style

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Hi chicois8
To sell a property, you have to pay taxes. To pay the taxes, you have to have an account with SAT/Hacienda. That account is created under an ID number for you: the RFC. To get the RFC, you have to have a CURP.

The same thing happens pretty much in all developed countries, who have the rule of law, so it's really not "a Mexican Bureaucracy" specific thing.

Since the CURP is mainly for tracking of work/employment (for health benefits and old age pension benefits), plus it's our registration ID for school, it makes sense that CURP’s for foreigners have only been issued by INM (for the past 5 years).

By your choosing to only use visitors visas for years, you have saved some time in the past … but have consequently boxed yourself in (a little bit) on selling your home.
Really, since Nov 2012, your only option to get a residency visa (to be able to set up a tax account) is to go to a Mexican Consulate, start the application process for a Residente Temporal or Residente permanente visa there, and then return to Mexico to go to your local INM office to finish the Residente Temporal visa process. Some Consulate offices do it in a day. Other Consulates do it in 3-4 business days. Almost all require you make an appointment in advance.

Once you get your Residente Temporal visa (which may take 3 weeks to 6 weeks while in Mexico), INM also simultaneously issues you your CURP, which then allows you to go to SAT/Hacienda to apply for your RFC (to be able to sell the house). … or once you have your CURP, you can apply for the RFC online, using your new shiney CURP.

The detailed information on how to do these things is at our main article on visiting and living in Mexico:
~ Current Rules and Procedures for Immigration, Visiting, and Staying in Mexico

Happy Trails,
steve
-
Read-on MacDuff
E-visit at http://yucalandia.com

(This post was edited by YucaLandia on Feb 11, 2016, 12:21 PM)


chicois8

Feb 11, 2016, 12:21 PM

Post #4 of 9 (9178 views)

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Re: [YucaLandia] Bureaucracy Mexican Style

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Thanks Steve, I tried to thank you earlier but it was kicked back, I have an appointment with a Notario this afternoon but she says there are 2 options and one is a procedure to obtain and RFC as a visitor,wee will see.. thanks
Rincon de Guayabitos,Nayarit
San Mateo, California


playaboy

Feb 12, 2016, 6:54 AM

Post #5 of 9 (9090 views)

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Re: [YucaLandia] Bureaucracy Mexican Style

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Yuca, what would happen if you own a home as chicois does, apply for a residency visa and get turned down at the consulate for not meeting the financials?


YucaLandia


Feb 12, 2016, 1:03 PM

Post #6 of 9 (9046 views)

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Re: [playaboy] Bureaucracy Mexican Style

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Great question.

I know of 2 Notarios here in Yucatán who have 'work-arounds' for these kinds of situations, but since I don't know exactly what the Notarios do, and I don't know if those special deals(?) are available where chicois8 is at, I hesitate to say.

Since the Notarios are ultimately personally fiscally responsible for any taxes owed on the sales they handle, the Notario shoulders the $$weight if SAT/Hacienda rejects how the gains taxes on the sale were handled.
-
Read-on MacDuff
E-visit at http://yucalandia.com


sir veza

Feb 15, 2016, 12:17 PM

Post #7 of 9 (8918 views)

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Re: [chicois8] Bureaucracy Mexican Style

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Sent you a private message concerning your house.


chicois8

Feb 24, 2016, 2:01 PM

Post #8 of 9 (8699 views)

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Re: [chicois8] Bureaucracy Mexican Style

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UPDATE:After visiting a notario they said to call for an appointment and bring 2 copies of my passport, birth certificate, current electric bill and 1 copy of my FMM...explain I am selling not buying and at 1PM today I got my RFC Number...
Rincon de Guayabitos,Nayarit
San Mateo, California


rvgringo

Feb 24, 2016, 3:14 PM

Post #9 of 9 (8693 views)

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Re: [chicois8] Bureaucracy Mexican Style

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Glad that worked out for you. I thought it would.
 
 
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