March 4 Update about Contacting Aduana and Your Ambassador re TIP Cars

March 4, 2013 Update
There is a report out of San Miguel Allende (SMA) that the US “Consul”, Edward Clancy, has spoken with the head of Aduana about the current issues of foreign-plated cars in Mexico owned by Americans using Temporary Import Permits (TIPs).

Personal email received today by Yucalandia directly from Consular Agent Edward Clancy DENIES ever talking with the “head of Aduana”.

Yucalandia readers should IGNORE any reports about:
~ False Report~ If your car was legal before you changed to either the INM Residente Temporal or Residente Permanente cards, then the head of Aduana says that your foreign-plated car and your Aduana TIP are still valid, as long as you have a valid INM permit. ~ False Report ~

The Rest of the Story:
In the interest of encouraging Aduana to implement a single consistent uniform policy across Mexico, for either cancelling foreign-plated vehicle’s TIP permits,   or to extend the expiration dates of Temporary Import Permits for vehicles,   we (Yucalandia), contacted Ed Clancy (SMA US Consular Agent) to ask about  exactly   what he discussed with the  “head of Aduana”   about the new Residente Temporal and Residente Permanente INM permits and their foreign-plated cars,   (as previously reported on Mexconnect).  (Note that a Consular Agent is just a local civilian rep, not a US Consul.)

We sent the following email to US Consular Agent Clancy:
“An anonymous expat from San Miguel de Allende has been writing on the internet that you personally spoke with the head of Aduana (last week), and the anonymous expat further writes that you are telling people that the head of Aduana (DF) told you that expats with foreign-plated cars who have valid INM visas, are allowed to keep their foreign-plated cars:

Ed Clancy the US consulate rep here in SMA phoned and spoke with head of Aduana. … (The head of Aduana says that) for now if your car was legal before,  it is now (legal) regardless of type of visa.

Did you speak with the head of Aduana (DF)?
Is this what the head of Aduana told you? ”

~
Here is Consular Agent Clancy’s 2/3/2013 official reply: The sections in blue are particularly interesting.
~

“Dear Dr. Fry,

I have never spoken with the head of Aduana;
I have only spoken with Aduana officials.

In the past two weeks, I have received many emails from local American
citizens and some from other parts of the country, including Cancun,
asking about the treatment of foreign-plated cars in light of the new
immigration law.

Mexican Customs Law Section 106 regarding the temporary importation of
foreign-plated has not changed, but the entire framework of the
immigration laws has changed. One of the (many) problems is that
changes should have been made in the customs law to make it consistent
with the new immigration law.

I have spoken with both the Customs 24 Hour Call Center and the
Administracion Central de Operacion Aduana 3 about cars and the new
regulations, several times. Officials from the call center have told
me three times that an expatriate would be allowed to keep a
foreign-plated car in Mexico even if he changed his visa status to
Residente Permanente. At the time, I commented that this was an odd
position for them to take and they agreed. On my 4th call to them,
another official told that you could keep you car with a Residente
Temporal but not a Residente Permanente.

Today I spoke with Lic. Karen Villasenor, from the Administracion
Central de operacion Aduana 3, in Mexico City. She seems to most
knowledgeable of those I have spoken with.

Lic. Villasenor told me that in the past week,
they have begun to think about the car/visa issue
due to the numbers of phone calls.

According to her, the current position of Aduana is this:

Visa – Resident Temporal: OK to have a foreign-plated car in Mexico
with a permit, as long as the person is not engaged in “lucrativa”
work. If you believe you qualify, you should take your paperwork to
the nearest office of Aduana, which will confirm the status and issue
a confirming letter.

Visa-Residente Permanente: Cannot have a foreign-plated car in
Mexico. The person must either take the car out of the country or
regularize the car (a permanent importation). The person may ask for
a “retorno seguro”, which is a 5 day permit to leave the country.

Lic. Villasenor also made it clear that these Aduana issues are
federal, meaning that the local offices in Guanajuato, Cancun and
Puerto Vallarta should and will all be interpreting the law and
following procedures identically.

Contact — Lic. Karen Villasenor, 01-55-5802-0000 x46889
Administracion Central — 01-55-5802-2069
ciitev_AduanaMexico@sat.gob.mx

Mexico Customs Call Center
Spanish: 01-800-463-6728
English: 1-877-448-8728 (from US phone I think)

Sincerely,
Edward Clancy, Consular Agent ”

~
I would add the following information for people interested in supporting Aduana to change to a single policy regarding approving or denying extensions of Permisos de Importacion Temporal de vehiculos (TIPs).

A good interim policy for your Consul or Ambassador to promote could be:

Until further notification, all Aduana Permisos de Importación Temporal de vehículos remain valid, as long as the permit holder maintains a valid INM permit, including Residente Temporal y Residente Permanente Tarjetas de Residencia.

US Ambassador in Mexico: acsmexicocity@state.gov
Canadian Ambassador in Mexico City: mxico@international.gc.ca.
Canadian Consulate in Cancun cancun@international.gc.ca
San Miguel Allende US Consul Agent, Edward Clancy: consuladosma@gmail.com
Merida Yucatan US Consulate: meridacons@state.gov

*     *     *     *     *     *     *

Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read on, MacDuff !

103 Responses to March 4 Update about Contacting Aduana and Your Ambassador re TIP Cars

  1. Pingback: March 4 Update about Contacting Aduana and Your Ambassador re TIP Cars | Surviving Yucatan

  2. Ric Hoffman says:

    I have been advising this all along. Maybe now people will take it to the bank.

  3. Elizabeth Brown says:

    We will be writing to the Consulate and the Canadian Ambassador using the exact phrase above.

    Thank you so much for your inititiative Steve. Bravo.

  4. Vern says:

    As stated above: Visa – Resident Temporal: OK to have a foreign-plated car in Mexico
    with a permit, as long as the person is not engaged in “lucrativa”
    work. If you believe you qualify, you should take your paperwork to
    the nearest office of Aduana, which will confirm the status and issue
    a confirming letter.

    The question is should the paperwork be taken to….. or the paperwork must be taken to…..?

    The confirming of the status, I assume, is the status of the vehicle is made to aggree with the immigration status of the person holding the permit for the vehicle….. and a letter issued confirming this ??

    • yucalandia says:

      Hi Vern,
      You quote one item from a single phone call with an Aduana DF phone rep – not national Aduana policy – giving information that is currently true at some Aduana offices and is false (incorrect) at others … plus, the 3 previous phone rep’s stories were different from this phone rep’s perception:
      As stated above: Visa – Resident Temporal: OK to have a foreign-plated car in Mexico with a permit, as long as the person is not engaged in “lucrativa” work.

      Unfortunately, there is NO ZERO ZIP official uniform national Aduana policy on extending/renewing expiration dates on TIPs. e.g. If you take your TIP request to the Aduana de Progreso office with your new Residente Temporal information, they will immediately cancel your existing TIP and tell you that you MUST take your car out of Mexico, now.

      Your question:
      The question is should the paperwork be taken to….. or the paperwork must be taken to…..?

      I would first find out which of the 4 different policy variations your local Aduana office is using – and then decide if you really want to use them. One person has written that Aduana de Queretaro has a policy of been approving TIP extensions for BOTH temporary and permanent residents, while Puerto Vallarta has been denying all extension of TIPs. Some issue TIP extensions, but no letters. Some are telling applicants that if their TIP is from before June 2010, then you do not need to apply… It is a mess….

      This is why we are pushing expats to contact Aduana DF to encourage them to enact a single uniform nationwide policy.

      The current official policy of Aduana Distrito Federal (Mexico City main office) is that Residente Temporal Rentista (not working in Mexico) permit holders are allowed to extend their Aduana TIP permits on their foreign plated cars.**

      If your local Aduana office is not allowing you to renew with a Residente Temporal, Lic. Karen Villasenor of Aduana in Mexico city says to contact her and they will correct the local Aduana office’s incorrect opinions. Have your contrary Aduana office contact:
      Lic. Karen Villasenor, 01-55-5802-0000 x46889
      Administracion Central — 01-55-5802-2069
      ciitev_AduanaMexico@sat.gob.mx

      If you have no $$ deposit to preserve on your TIP, then you could mail in your request to extend your TIP expiration date to the Aduana DF office.
      Happy Trails,
      steve

      • Kim Doland says:

        Hi Steve
        Our local Aduana office just happens to be in Progreso (lucky us!), Yucatan and we certainly don’t want BOTH TIP’s cancelled on BOTH of our 15 passenger missionary vans, and told that we have to drive BOTH of these vans back to Canada!! We need these vans to carry out our missions work here in the Yucatan! As missionaries, we don’t earn the required 32,000 pesos per month (this is not lucrative work as we are paid from Canada…) to qualify for a Permanent Residente visa so we are stuck with renewing our Temporary visa for as long as we carry out our operations in Mexico. Are Aduana policies likely to be in our favour at the Merida office, even though it is only 40 kms. away from Progreso? Should we just bite the bullet and pay the big bucks (we’ve heard around $3000 for each van) that it will cost us to nationalize our vans, or is this not allowed since we have temporary residente visas?
        What do you suggest?
        Thanks for all of your helpful advice to us over this past 15 months of our missions work here in Mexico….
        Kim

      • yucalandia says:

        If your vans are eligible to permanently import at reasonable duties (8, 9, or 10 years old), then import them.

        If you are working, the income requirements are lower. The $2,500 USD a month guideline is for retired people, not working people. There is no specified income limit published in the law.

        Aduana de Progreso is the Aduana office for people in Merida. The Merida airport Aduana folks do NOT handle vehicle issues.
        Happy Trails,
        steve

      • R Blair says:

        Hi Steve,

        You mention “one poster claims that Aduana de Queretaro has been approving TIP extensions for BOTH temporary and permanent residents …” However, for what it is worth I had a Spanish speaking friend call them this morning since I had just rec’d my Residente Permanente after 4 years in Mexico. The woman we spoke to said with the Residente Permanente I would not be able to get a TIP extension from them. Maybe we just spoke to the wrong person, or maybe Queretaro has now changed its policy. However, she said other things that were strange, such as “my current TIP was good for 6 months”, and I could not nationalize my car (2008 Buick) “unless it was 10 years old.”

        Also, I am wondering what was your source for saying, ” “Aduana de Queretaro has been approving TIP extensions for BOTH temporary and permanent residents …” Have you heard this multiple persons? Is it unconfirmed? Is there a way of confirming the true situation in Queretaro?

        Perhaps it wouldn’t matter, as I live in Guanajuato, 40 minutes from Aduana Leon and 2 1/4 hours from Aduana Queretaro. Very possibly Queretaro would not handle my TIP anyway, but I thought it was worth a phone call to find out what they were doing.

        Your kind input would be greatly appreciated.

        Thanks,

        Roger

      • yucalandia says:

        Hi R,
        There is a professional facilator in SMA who spoke at length with Aduana de Queretaro 2 weeks ago, and the facilitator provided the contact information and phone info for Queretaro … The contact info for Queretaro Aduana is in one of our past posts… I need to go look for it and get back to you with it.

        In this period of shifting policies by various Aduana offices, it is completely believable that Queretaro has now changed their policy, (again), but the 6 month TIP extension is news to us. The only-10-year-old-car story is flat out incorrect, and is a hold-over of the old pre-July 2010 Aduana policy. *sigh*
        steve

  5. bobby brown says:

    you know : i’m getting tired of this back and forth stuff with cars!–i’m getting my Permanent resident next month and if the aduana wants to confiscate my car; they can have it–i’ll just buy another one–all this back and forth is BULLSHIT!!

  6. PJ says:

    The comments of Karen Villasenor leave me wondering what residents of Baja California and Sonora will have happen to them if they decide to drive their (previously legal foreign plated vehicle) into other states in Mexico, while possessing their brand new Residente Permanente card. This sounds like it would be illegal now.

    • yucalandia says:

      Hi PJ,
      Remember that the advice of Ms. Villaseñor is not the official policy, and it is not the last word on the national policy – particularly since many of the individual Aduana offices do not follow the ideas that she proposes.

      Anyone who has permanently imported their car, and has gotten Mexican plates, is free to drive their car anywhere withing Mexico.
      steve

      • R Blair says:

        Hi Steve,

        Is it possible that the following line from the Mexico law code could be used if one who now has Residente Permanente status is stopped by the policia and told his TIP is invalid and the car must leave the country? I am referring to Section 17.1 below regarding Aduana Manual de Operación para la Importación Temporal de Vehículos y Motocicletas: Sec. 17 17.1 & 17.4:

        “17.1.- For this purpose an extension of the duration of the temporary import permit of the vehicle will be credited with an official document issued by the immigration authorities, without the required authorization of the customs authorities, in this case, the temporary import permit will remain valid even and when the importer has obtained the change in immigration status of No Inmigrante to Inmigrante Rentista, provided there is continuity in the immigration status.”

        It says the permit will remain valid even and when the importer has obtained the change of immigration status of No Inmigrante (that’s FM3) to Inmigrante Rentista (isn’t that FM2 without permission to work in Mexico?). Of course this has reference to the INM designations prior to the new law effective November 9, 2012. However, isn’t FM3 the equivalent of the present Residente Temporal and FM2 the equivalent of Residente Permanente (as long as one has not been given a work permit [Lucrativa])? If so, since Aduana has no new published law to deal with the change in immigration laws, then could it not be argued that Section 17.1 still applies until a new customs law is established. Thus, “the temporary import permit remains valid even and when the importer has obtained the change in immigration status of No Inmigrante (or Residente Temporal) to Inmigrante Rentista (or Residente Permanente). What do you think?

      • yucalandia says:

        Hi Roger,
        We like your thinking. This is exactly why we have advocated that expats with TIPs carry Spanish language copies of both Article 106, Fracc. IV – Ley Aduanera and Section 17, 17.1-17.4 of the Aduana/SAT Operations Manual with them in their vehicles ( (for the police to read during roadside stops/retenes – because the police generally do not know the laws on imports).

        We like your idea so much: For the past 2 years, Yucalandia has had both Spanish and English translations of all of these official legal clauses published in our “Importing and Driving a Car in Mexico” article – ready for copying and printing. See the Section called: Important Rules for Operating Foreign Plated Cars in Mexico: Article 106 and Article 17-17.4 Copies to Keep in Your Car

        Good good points.
        But if the police want to be difficult, the Ley Aduanera has no language either permitting or prohibiting Residente Permanente or Residente Temporal – which is why we believe it is good to carry the Article 106 and Section 17 copies – to try to get the police to offer only warnings and leniency.
        steve

  7. Merlenna says:

    Ok I have a question. We were told that we need to apply for a work permit in the US, not here in Mexico. We have a foreign plated vehicle that is not a NAFTA vehicle. If we get the work visa, do we still have to sell the car? Or can we keep it? Do you know the new laws about this? Right now we have our tourist visa and were told by Immigration that we need to change our status in the US from Tourist to Work Visa. Any advice?

  8. rubygeorgina says:

    So here’s the question (I think I already know the answer but always good to have another especially unbiased opinion). My current FM2 (with working papers) has a 2 on the back. I am told that I can go directly to Permanente which I had thought about doing until all this talk about foreign plated vehicles came up. And it is still so uncertain about what is going to happen. So I’m thinking that I could go Temporal for 2 years (with working papers in tact) and then dodge the current issue about removing my car ???

    I am going to the Tio Corp presentation on Monday of next week to find out more about the AMPARO which apparently IS working and their broker has legalized a number of cars. I am waiting to find out what the cost to legal my 2005 Nissan X-Trail (VIN J) will be. Estimate is approx $2000 USD… we’ll see. Will update you after the meeting on Monday.

    • yucalandia says:

      Hi Ruby,
      Good Stuff !

      Are you married to a Mexican? or have a Mexican family member?
      These 2 categories can go straight from FM2 to Permanente after just 2 years. Other applicants must finish 4 years of temporary residency to qualify for Permanente. Alternately, any Permanente applicant can qualify if they meet the income or savings requirements.

      Good luck with the car issue. One friend who got his quote and letter from TioCorp found that TioCorp wrote to him that he had to have a Residente Permanente card to qualify for their permanent auto import program.
      Happy Trails,
      steve

  9. rubygeorgina says:

    Not married to a Mexican nor do I have a Mexican family member… I do have the income required so that is not an issue BUT I was told by ajijiclaw.com that I would not need to prove that since I was already in the system. So I think you answered the question about which route to take.. my gut has been telling me that as well as it is perhaps time (as always) to listen to my gut. Thanks for your time and always good information. Saludos!

  10. Nolamaz says:

    Steve, just wanted to thank you for your information here. This news has just hit Mazatlan, and rumors are rampant. I have written Aduana and the US Ambassador, but I have a question that I haven’t seen addressed here: my US-plated car is a 2009. Am I expected to sell this perfectly good car, that I know has never been in an accident and has been properly maintained, and buy an older, used car that I know nothing about?? That doesn’t make any sense to me……..

    • yucalandia says:

      Hi Nola,
      To which category of INM residency card are you referring ? Temporal or Permanente ?

      Aduana de Mazatlan and other offices are supposed to be renewing/extending the expiration dates of TIPs for Residente Temporal permit holders, to match the new expiration date on the INM card.

      If you are getting Permanent Residence, then does it make sense to still qualify for a Temporary auto import permit, where you signed a contract with Aduana where you agreed to maintain a temporary immigration permit?

      Consider the written agreements: When gringos signed their temporary import permit papers, they were never promised that their temporary auto permits allow them to keep vehicles in Mexico forever. For this reason, many of the gringos I know who planned to move here permanently (or planned to keep our vehicles here permanently), chose to bring only vehicles that could be permanently imported.

      Consider the economics: Is it reasonable to bring a foreign vehicle into a country (basically forever), and never pay import duties, pay no importation taxes, pay no annual road taxes, pay no annual registration fees, and pay no annual ownership taxes – paying none of the fees that Mexican car owners must pay, while these same gringos use the same roads ? The Mexican car owners pay their $1,000’s of import duties (built into the higher purchase costs), while gringos want to bring-in and operate their cars for free.

      To help understand why the Aduana move makes sense: Roads, signage, bridges, lighting, maintenance, etc all cost money – covered by import duties, annual fees, and annual taxes paid by Mexican drivers, but avoided for decades by gringos with foreign-plated cars, who bring vehicles here “temporarily” under temporary programs, yet do not intend to take them out.

      Let’s hope that Aduana issues a one-time amnesty to allow us to grandfather-in our foreign-plated cars by paying reasonable duties and fees to make them permanent. If you want a single uniform rational policy: write or call Aduana DF.
      Happy Motoring !
      steve

      • Kim says:

        Which comes first…the chicken or the egg?? Do we nationalize our 10 year old vans BEFORE we apply for our Permanent Residente visa OR Vice versa? How does this timing work when the expiry dates on our now-temporary visa (FM3) and our TIP are within a couple of days of each other? This is all hitting the fan within the next week so we are getting desperate waiting for Progreso’s Aduana to get their act together…
        As an aside, is it possible to nationalize our vans but still maintain/renew our temporary residente status? We just want to be able to comply with the 10 year nationalization age limit of our 2003 van so that we don’t have to drive it out of Mexico…
        thanks
        kim

      • yucalandia says:

        Hi Kim
        Yes, you could nationalize the van and maintain/renew your residente temporal status. The current Aduana rules say you have to have an emission testing certificate from a border state (TX, AZ, or CA) though to permanently import it – which means a trip to the border.

        Really, as long as you have a non-working – retired person Residente Temporal, the Aduana de Progreso is now supposed to issue you an extension on your current Audana TIP. If Aduana de Progreso tells you that they cannot extend your car permit with a Residente Temporal, Karen Villasenor of Aduana in Mexico city says to contact her and they will correct Aduana Progreso’s incorrect opinions:
        Contact — Lic. Karen Villasenor, 01-55-5802-0000 x46889
        Administracion Central — 01-55-5802-2069
        ciitev_AduanaMexico@sat.gob.mx
        steve

      • Dr. Cay Osmon says:

        “Consider the economics: Is it reasonable to bring a foreign vehicle into a country (basically forever), and never pay import duties, pay no importation taxes, pay no annual road taxes, pay no annual registration fees, and pay no annual ownership taxes – paying none of the fees that Mexican car owners must pay, while these same gringos use the same roads ? The Mexican car owners pay their $1,000′s of import duties (built into the higher purchase costs), while gringos want to bring-in and operate their cars for free.”

        No, Steve, it’s not reasonable and we never “expected” to get special treatment; we were abiding by Mexican law and have been the whole time we, and our cars, have been in Mexico. All we’re asking for now is to have the opportunity to nationalize our two vehicles, and if we were allowed to do that (which we would, of course, have to pay for)—AND we had to pay annual registration/taxes/etc. after that—we would continue to abide by the law and do it. We have already bought a Mexican car but we need another vehicle and selling both of our older Jeeps probably won’t bring in enough to allow us to do that because of those import duties.

        Cay

      • yucalandia says:

        Hey Dr. Osmon,
        We agree.

        The INM law was published in May 2011, describing the new Residency categories, and Aduana seems to have made no moves to update their INM-interlocking TIP policies in the intervening 18 months before INM issued their final detailed Lineamientos/Rules in Nov 2012. If Aduana was on top of things, (acting reasonably), they could have had their basic policies created before Nov 2012, and then put their final policies in place by Dec. 2012. Instead, 22 months later, we are still waiting for even official interim rules to come out of Aduana DF.

        What is the expat community’s part in this? What could we each have done?
        Just like Aduana could have been taking reasonable actions during the 18 month period between publishing of INM’s new law and issuing of the INM’s regulations, expats and gringos with Temporary Import Permits could also have taken reasonable actions.

        Some expats followed (our) web reports on the INM changes back in May and June 2011, and took actions with their cars in that intervening 18 month period. Temporary import permits were definitely tied to maintaining Temporary INM visas. As such, everyone after May 2011 who planned/hoped to change to Permanent Residency under the new system – all had 18 months to take actions to deal with their foreign-plated cars with Temporary import permit issues. Those who are approaching their upcoming new INM Permanent Residency permit applications effectively had 2 years to take action. Is it unreasonable to expect people to take action with 18 – 24 months of prior notice of the changes?

        Fortunately, due to recent concerted efforts by expats pushing for guidelines out of Aduana DF, Aduana DF is now gradually opening the doors on all local Aduana offices for new fresh Residente Temporal (Temporary Residents) to keep their Temporarily Imported vehicles as long as they have Temporary Residency (Rentista) status.
        Happy Trails,
        steve

    • Ken says:

      Here in Merida, INM told me I have to change to a permanent visa as I have had four temp visa’s I have no choice if I wish to stay. The problem is the change to permanent will happen Oct 08/13 and my car is a 2006 and they won’t be allowing cars that ar 2006 to be nationalised until sometime in November so I will be illegal for about three weeks. I spoke with a broker who handles a large number of this kind of transactions and he confirmed that this is the case. Once I become permanent my car insurance will have to be changed but I can’t change it because it is a FP car and so won’t be able to drive out of the country and back in when I am permanent. It just goes round and round. I have no problem nationalising the car and in fact had intended to when it was old enough. If you want the real goods call a broker as they make their living on this so they no who, what, when and where. Good luck to everyone in this dilemma.

  11. Nolamaz says:

    Steve, I’ll be getting the Permanente visa. And I’ll be happy to pay any duty, importation fees, taxes, etc., but it doesn’t seem like there is a system in place to allow me to have a four-year-old car here. It is my understanding (albeit a very POOR understanding) that in order to obtain Mexican plates, the car has to be from 2006 or older. Is that information incorrect?

    • yucalandia says:

      Hi Nola,
      You can import NAFTA cars less than 5 years old, but the fees are very high (roughly 50% of the original invoice price with IVA).

      For other older NAFTA vehicles: Aduana offers much reduced rates, especially for 8, 9, and 10 year old vehicles.

      Specifically:
      Vehículos usados cuyo año-modelo sea de ocho y nueve años anteriores al año en que se realice la importación.
      Importaciones definitivas de automóviles usados , and

      Requisitos
      1. Se trate de vehículos usados cuyo número de identificación vehicular (VIN) corresponda al de fabricación o ensamble en los Estados Unidos de América, Canadá o México.

      2. Se trate de vehículos usados cuyo año-modelo sea de entre cinco y diez años anteriores al año en que se realice la importación. Se entiende por año-modelo, el año de fabricación comprendido por el periodo entre el 1 de noviembre de un año al 31 de octubre del año siguiente.http://www.aduanas.sat.gob.mx/aduana_mexico/2008/vehiculos/141_10173.html
      … and

      Impuesto General de Importación
      Impuesto General de Importación, deberá pagarse un arancel advalorem aplicable al valor en aduana del vehículo, como sigue:

      a) Vehículos cuyo año modelo sea de cinco a nueve años anteriores al año en que se realice la importación del 1%.

      b) Vehículos cuyo año modelo sea de diez años anteriores al año en que se realice la importación de 10%.

      Impuesto al valor agregado.

      Para los efectos de la determinación del IVA, se aplicará la tasa del 11% establecida en el artículo 2o. de la Ley del IVA, considerando como base gravable el valor del vehículo, adicionado con el impuesto general de importación y las demás contribuciones que se paguen con motivo de su importación definitiva. http://www.aduanas.sat.gob.mx/aduana_mexico/2008/vehiculos/141_10268.html

      Read our article on Importing Cars at: Importing & Driving a Car in Mexico , where you can find a link to the Banjercito website that lets you check your VIN for approximate fees: Link to the Mexican Govt’s Official VIN Checker to get Import Duties .

      Hope this helps,
      steve

      • R Blair says:

        Hello Steve,

        Thanks so much for the informative information on import fees. I am trying to figure out if I can nationalize my 2008 Buick. You say 8 – 10 year old cars have significantly reduced fees. Yet as I try to dicipher the regulations you show (Spanish of course) it seems that cars from 5 – 10 years old can be imported, not just 8 -10 years. Is that correct? You say less than 5 years can pay up to 50% of value, which is very high, but it seems beginning at 5 years (like my car) it isn’t that high. If I understand this correct it apparently means that cars 5 – 7 years old can be nationalized, but at a greater cost than the 8 – 10 year old cars, but apparently significantly less than the 1 – 4 year old cars. When I put my VIN number into the import duty link the figure for duty my car comes up with is only 4440 pesos, or $300-plus dollars. That seems very low, but I guess that doesn’t include IVA, brokers fees, registration, etc. Am I on the right track here? Your response will be greatly appreciated.

        Thanks,

        Roger

      • yucalandia says:

        Roger,
        Things have been changing at Aduana, without any notices on the website, so, yes, your understanding seems good – and that things are different now than gringo experiences 2 and 3 years ago.

        Check with a professional broker at your intended border crossing for precise details. Some have said it takes 3 days to process a car now, but we have no recent first-hand reports to confirm or deny the info.
        steve

      • R Blair says:

        Dear Steve,

        Today I contacted 2 different custom brokers at the border and got the same bad news: that I could not nationalize my 2008 Buick, because it must be 6 years old to do so. Oscar Angulo who has been recommended on this board said I could not nationalize this car until it is six years old. I emailed him the following link in your March 9 post: http://www.aduanas.sat.gob.mx/aduana_mexico/2008/vehiculos/141_10173.html
        and asked for an explanation and got this response by email,

        “Dear Roger,
        My English not so good, but I try explain to you. For people live at border
        we have benefit called importacion, but it not same as nacionalizacion.
        The article you send me is for importación. we can import cars to the border, but not in todo México. I hope this help you. Best. Oscar”

        A second broker told me the same result that “importing 5 year old cars only applied at the border.” However, when I read the material in the aduana link it sounds like nacionalization to me, not something that only applies to people living at the border. In fact various articles, such as the power point presentation of February 13 refer to permanent “importacion”, yet obviously meaning “nationalization”. Maybe I missed it because of my limited knowledge of Spanish. Any thoughts on this? Could it be true that the aduana link only applies at the border?

        Thanks,

        Roger

      • yucalandia says:

        Hey Roger,
        Excellent explanations.

        The information on these things is murky, because there are different reports from expats bringing in cars, using different brokers at different border crossing points. This set of explanations makes good sense: One set of rules for cars that are eligible for operation and sales within the special border regions vs. other rules for importacion into the main part of Mexico. The problem I am left with is that the Aduana web pages don’t make this distinction.

        Conclusion: Contact a reputable broker at border crossing you intend to use. If your broker can get it imported at a reasonable duty, and get you the Aduana document that allows you to drive the vehicle through Mexico to the state where you will register and license it, then, you have your answer.
        THANKS!
        steve

      • R Blair says:

        Dear Steve,

        Today I contacted 2 different custom brokers at the border and got the same bad news; that I could not nationalize my 2008 Buick, because it must be 6 years old to do so. Oscar Angulo who has been recommended on this board said I could not nationalize this car until it is six years old. I emailed him the following link in your March 9 post: http://www.aduanas.sat.gob.mx/aduana_mexico/2008/vehiculos/141_10173.html which states 5 year old cars can be (or so I thought) and asked for an explanation and got this response by email,

        “Dear Roger,
        My English not so good, but I try explain to you. For people live at border
        we have benefit called importacion, but it not same as nacionalizacion.
        The article you send me is for importación. we can import cars to the border, but not in todo México. I hope this help you. Best. Oscar”

        A second broker told me the same result that “importing 5 year old cars only applied at the border,” and thus I could not nationalize my 5 year old Buick. However, when I read the material in the aduana link it sounds like nacionalization to me, not something that only applies to people living at the border. In fact various articles, such as the power point presentation of February 13 at Nuevo Vallarta refer to permanent “importacion”, obviously meaning “nationalization”. Maybe I missed it because of my limited knowledge of Spanish. Any thoughts on this? Could it be true that the aduana link only applies at the border?

        Thanks,
        Roge
        Roger

      • R Blair says:

        I had a lawyer who is working with a customs broker at the border tell me the following:

        It’s very important that you always mention you are not Mexican, because it might be a problem if you decide to nationalize the car (when It’s possible), since vehicles can be nationalized only by nationals… If Aduana agrees on letting you nationalize your vehicle, by proving you are a permanent resident, than it won’t be a problem, but you have got to make sure of this before you take any decision.

        Note he says “vehicles can only by nationalized by nationals.” You may recall I have a 2008 car that several brokers have confirmed cannot be nationalized (since they can only nationalize 2007 and older Nafta cars). In view of this I concluded I must sell my 2008 in the USA and bring back a 2007 or older car. I explained this by email to this licensee who represents a broker and his reply suggests that Americans cannot bring a pre-2008 car into Mexico and nationalize it. Does this make sense? Have not many Americans nationalized their older cars that they brought from the USA? Can you confirm that this is true?

        Admittedly he does offer a ray of hope in stating, “If Aduana agrees on letting you nationalize your vehicle by proving you are a permanent resident, than it won’t be a problem.” However, I thought that even temporary residents could choose to nationalize their pre-2008 vehicles by paying the duty, taxes, etc. via a customs broker at the border.

        Your thoughts will be most appreciated. Also, if anyone else has personalized nationalized their vehicle I’d love to hear from you as well.

        Muchas gracias,

        Roger

      • yucalandia says:

        Hi Roger,
        Good updates.

        Since INM changed the names of their residency categories, the Aduana law that described importation rules was basically made obsolete. The old Aduana law’s rules specifically used No Inmigrante and Inmigrante terminolgy to say what could be imported and how by foreigners, referring to out of date INM terminology. This left local Aduana offices with no guidelines for foreigners with the new Residente Permanente/Temporal. Some Aduana border offices decided to ban all foreigners from importing cars, to avoid making a mistake. Aduana DF has recently been establishing new national policies to cover some of the situations, i.e. allowing Temporary Residents to renew their Temporary Import permits.

        Lic. Karen Villaseñor of Aduana DF has been pushing the changes in the Aduana DF policies, to fit the new INM categories.

        Lic. Karen Villaseñor has invited people to call her about these problems, and she asks people with problems to give her phone number to any Aduana office that does not follow the rules, so, she will talk with them and explain the proper use of the import rules. Ms. Villaseñor’s contact information is:
        Lic. Karen Villaseñor 01-55-5802-0000 x46889
        Administracion Central — 01-55-5802-2069 ciitev_AduanaMexico@sat.gob.mx

        For the final word on your particular situation, I would contact Ms. Villaseñor for specific details.

        Give us a shout when you find out her official opinion on your plan.
        steve

  12. rubygeorgina says:

    This information from my husband’s visit to the Aduana at the Guadalajara airport this past week. In specifics to my 2005 Nissan X-Trail … according to their knowledge the rules have not changed regarding importing this vehicle because of the J Vin… and so based on what they know to be the law at this moment in time it does not qualify to be legalized.

    BUT.. my husband has a 1985 motorcycle which they classify as ‘classic’ and so the brokers at the Guadalajara airport are trying to help him legalize it. He hopes to hear soon about the cost and the process.

    He says that they were very helpful in directing him and answering questions.

    So for others who might be in the Lake Chapala/Guadalajara area.. it might pay to visit these people.

  13. What is the best solution for me to keep driving my 2012 US avalanche back and forth to the states every 6 or 7 months. I just received my final FM-3 Nov. 1, but was told if I apply for permanent res. I would not be allowed to have a US vehicle?????????Thanks ,Jorge

  14. Gary says:

    Has there been any movement from the Progreso Office about approving extensions for Residente Temporal?

    • yucalandia says:

      Hey Gary,
      You may misunderstand. The Feb 25, 2013 letter from Aduana de Progreso forbids even Residente Temporal from extending their permits. In their little world – if you get residency, you cannot drive your foreign-plated car, except to drive it out of Mexico.

      Let’s hope that Aduana DF and the local Progreso customs brokers efforts pay-off to get Aduana Progreso to change their policies to better-fit the law.
      steve

  15. Gary says:

    I called Lic. Karen Villasenor to ask if something had been issued to let all Aduana Offices know that there was not a problem with Residente Temporal No Lucrativa in renewing TIPs. She said that there should be no problem now. I specifically mentioned Progreso and she said that if anyone at Aduana in Progreso said differently, they should call her at her number in DF: 01-55-5802-0000 x46889. For whatever it’s worth……..

  16. Gary says:

    Yes, I understood that the letter from Progreso was saying no to Residente Temporal as well as Permanente. I called Lic. Villasenor in DF this date (March 11) to see if DF had issued any email directive to let their various offices know what policy was. Lic. Villasenor said that the official policy was that Temporary Resident NON-lucrative was okay. All others, no. She said that if Progreso was still saying no to an extension request, to have them call her in DF. I called Banjercito in Progreso to see what they thought and they agreed with Lic. Villasenor in DF. I cannot get through to Aduana Progreso by phone yet.

    • yucalandia says:

      Hey Gary,
      Well Done !

      It really does take the efforts of someone who actually has an Aduana Permit that needs to be renewed, now, to get Aduana de Progreso employees to pay attention to the actual rules.

      Thanks for the very good update,
      steve

  17. Gary says:

    Steve, I was hoping for the same thing as you, i.e., someone who has just recently been to Aduana Progreso for a renewal. The rule has not changed really. Inmigrante/No Inmigrante RENTISTA were the only ones qualified for a TIP. It’s the same now, only the name is Temporal No-Lucrativa. If DF understands it, and Banjercito who issues the Permits understands it, then why doesn’t Aduana Progreso get it????

  18. Gary says:

    What really get me is the TIP even agrees with the new visas:
    Permiso de Importacion Temporal……………..Residente Temporal…………….. They both say TEMPORARY

  19. rubygeorgina says:

    Other question… I am currently FM2 Lucrativa (Proroga 2).. can I do a TWO year Temporal and legally keep my foreign plated vehicle in Mexico (Jalisco) It was not clear to me whether I would have to go Permanente in one year or in two. Thanks!

    • yucalandia says:

      Hi Ruby,
      The latest word out of Aduana DF is that lucrativo Residente Temporal card holders are not allowed to keep their foreign plated cars in Mexico (for now). Is this the same policy for Aduana de Jalisco? Lo no se….
      steve

    • Gary says:

      DF says NO and that is not new. The old law (Aduana) that used the nomenclature FM2 (also FM3), specifically said that ONLY card holders who were RENTISTA were allowed to keep their foreign-plated car. If you are not Rentista, i.e., you have a work permit, you cannot have a foreign-plated car. If you are Inmigrado, i.e., Residente Permanente, you cannot have a foreign-plated car.

  20. R Blair says:

    Dear Steve,

    I’ll be looking for your reply with the contact information regarding the Aduana Queretaro giving TIP extensions, as I want to look into this still further. However, I too question the 6-month extension comment. Unfortunately my Mexican friend made the call and didn’t question anything, and only told me this after he hung up the phone. I would have questioned this. I am not sure he understood it correctly, or if the woman he talked to understood what he was asking for. It sounded more like the 180 day tourist visa to me. I would have specifically asked if that is what she was talking about. I am mentioning this, because I don’t want to spread a false hope to USA ex-patriots in Mexico who are receiving Residente Permanente that they have six months to get their car nationalized. I suspect that is not what was intended. I would want to get more official notice of that than this phone call to one employee at Queretaro Aduana.

    • yucalandia says:

      The most recent quote for this:
      “…My wife called Aduana (de Queretaro) at 01-442-227-0100 ext 60113 and spoke with Isabel Chavez. For those with Permanent Resident visa your car is legal since there are no new laws relative to Permanent Residents but you will have lost your deposit unless you have taken your car out of Mexico prior to the expiration date of your car permit. …”

      steve

      • R Blair says:

        Thanks Steve! I will call Isabel Chavez at the number given. I will have my translator ask if they will give me a letter stating that. Thanks again. Roger

      • R Blair says:

        Dear Steve,

        I tried to call Isabel Chavez at Queretaro Aduana this morning, but didn’t have a translator with me, so couldn’t understand the recording in Spanish to reach the proper extension, so will try again when someone Spanish is with me. One question though, when you said, “… My wife called Aduana (de Queretaro) … and spoke with Isabel Chavez … etc.” were you referring to the call two weeks ago, or did you mean she called again yesterday? Obviously, if yesterday, it would suggest nothing has changed at Queretaro Aduana, and the person we talked to earlier in the day was uninformed. Whereas, if it was two weeks ago, then things could have changed since.

        Regards,

        Roger

      • R Blair says:

        Dear Steve,

        Finally I was able to get through to Queretaro Aduana this morning (after several tries). They switched me to a person who spoke English. I explained what Isabel Chavez told your wife that she had said cars of permanent residents were still legal as long as their residency was current since the law had not changed.

        This person then went to Isabel Chavez and asked her about it. She came back and said that she (Isabel Chavez) had said that apparently she had been misunderstood; that the legal status of temporary residents was still legal as long as their residency was current, but it was different for those who had now changed to permanent residents. Permanent residents must take their cars to the border and get a new permit for permanent importation, meaning they would have to nationalize their car (pay the duty, taxes, etc., and obtain Mexican plates and registration) or take their car out of Mexico.

        This time it did seem that I got accurate information, consistent now with what Aduana in Mexico City is saying. Nothing was said about a 6-month legal period. To the contrary they said that since the date of my temporary residency had now expired that my temporary import permit (TIP) had expired, thus my car was now illegal. Therefore, I should immediately get the 5-day permit to take the car out of the country or to go to the border to get the permanent importation (nationalization) of the car.

        They said I could not get this 5-day permit at Aduana, but could get it from Administracion Judica de Guanajuato (name may not be exact, but something like that), explained to be an office of the federal government with offices in each state, including Guanajuato where I live. I will be looking into getting the permit. I hope this is helpful.

        Thanks for your kind assistance with this matter.

        Regards,

        Roger

      • yucalandia says:

        Hi Roger,
        Great Update.

        The phone call reference was copied from another person’s report (not my wife), but it is still great to hear that Queretaro Aduana is following the Aduana Distrito Federal guidelines. Permanent Residents: must take out their vehicles. Temporary Residents (who do not work in Mexico) can keep their cars.
        Thanks!
        steve

  21. rubygeorgina says:

    According to the folks at Tio Corp yesterday you have to have Permanente status in order to have the car legalized. This in response to which comes first the chicken or the egg. But do we really think that if you have Permanente status your car is still legal since the rules have not changed? Here is Ajijic the police are starting to pull people over and giving them a warning to either legalize their vehicles or get them removed. I too am days before having to renew and I can feel the stress rising all around me as people wrestle with what to do. Sigh!

  22. Kim says:

    thanx Steve…the problem as I see it is that after 4 years on a temp. residente visa, we get automatically “promoted” to a Permanent residente visa (whether we want to or not!) and then we are required to nationalize a 2003 van that will be too old to nationalize!!! Then what will we have to do with our beloved missions van…drive it out of the country??!! I have been told by INM that my option would be to let my temp residente visa lapse, leave the country, and re-start the entire temp. residente application process over again from Canada, and pay for another 4 year visa period, and on and on it goes…..
    your thoughts?
    kim

    • yucalandia says:

      Hi Kim,
      I think we answered your questions in your comments on another article:
      Yes, we each can only stay for 4 years total in a combination of FM3+Residente Temporal, or FM2+Residente Temporal. After completing 4 years, you either leave Mexico, and re-enter and re-apply for a fresh Residente Temporal or for Visitante status, or you stay in Mexico and apply for Residente Permanente.

      With either Residente Temporal or Visitante, you can bring in your Temporarily Import Permit foreign-plated van. With Residente Permanente, you have to permanently import the van to have it in Mexico.
      steve

  23. R Blair says:

    Can anyone advise me of a good broker to use to nationalize my car? I am in Guanajuato and want to take the car to one of the closer border points to me (Nuevo Laredo/Laredo, Piedras Niegra/Eagle Pass, Reynosa/McAllen, Matamoras/Brownsville). So it would have to be a broker at one of these four border points. I am looking for someone who is knowledgeable, honest, reliable and hopefully speaks decent English.

    Thanks for any help you can give me.

    Sincerely,

    Roger

  24. R Blair says:

    Has anyone tried to nationalize a vehicle via Tio Corp with the “amparo”? If so, what are the results? Roger

    • yucalandia says:

      Roger,
      No first hand reports yet. There is one fellow on Mexconnect who has 3’rd hand claims of importing success, but his track record for accurate details has been a bit bumpy of late. We are personally getting first-hand reports from friends who have sent their information to TioCorp, and received quotes, but none of them have had the courage to take the plunge and send TioCorp the $1,200 – $1,500 of up-front partial payments required by TioCorp before proceeding further.
      steve

      • R Blair says:

        Will TioCorp give references of satisfied customers? I have asked for a quote. Once rec’d I will ask for references of clients who have been successful using the amparo to import a vehicle. Obviously, if they won’t give such references wherein one can talk to satisfied customers, that is not a good sign. If they have a good business here with many successful clients they should be able to give references. On the other hand maybe no one has accepted their offer, as perhaps implied by Steve’s comment that at least no one who posts on this forum has taken “the plunge.” If so, and if they are legitimate, they need to lighten up on their requirements if they want to have any business, especially the 50% down payment requirement.

  25. Gary says:

    No Inmigrante = FM3 = Residente Temporal
    Inmigrante = FM2 = Residente Temporal
    Inmigrado = Residente Permanente

    • yucalandia says:

      Hey Gary,
      What’s your point on describing your equivalencies?

      They really are not equivalent, otherwise FM2 would be equal to FM3 – and there would be no TIP mess with Aduana.

      INM does have a direct path for renewals (prórrogas) of FM3’s (No Inmigrante) to Residente Temporal. INM also has direct path for extensions (refrendos) of FM2s (Inmigrante) to Residente Temporal. Inmigrados are automatically awarded Residente Permanente. Still, Residente Permanente and Residente Temporal have different requirements, different responsibilities, and different rights than the old Inmigrado, Inmigrante, and No Inmigrante permits.
      steve

    • R Blair says:

      Dear Gary,

      If I understand your short post of March 14 FM2 and FM3 residents under the prior immigration law were considered temporary residents, not permanent residents. If so, then the clause of the Mexico law code that says:

      “17.1.- For this purpose an extension of the duration of the temporary import permit of the vehicle will be credited with an official document issued by the immigration authorities, without the required authorization of the customs authorities, in this case, the temporary import permit will remain valid even and when the importer has obtained the change in immigration status of No Inmigrante to Inmigrante Rentista, provided there is continuity in the immigration status.”

      This does not say that if one changes from temporary status (No Inmigrante or FM3) to permanent status (Inmigrado) that his TIP will remain valid. It says that it will remain valid if he changes to Inmigrante Rentista (FM2 without work permit), which like the No Inmigrante (FM3) is the equivalent of the present Residente Temporal. If this is correct, then it is not unreasonable that Aduana views the new immigration laws as not changing anything, because the old law never said permanent residents (Inmigrado) would continue to have valid TIPs on their cars. Based on this, I can see why Aduana might reason a new customs law is not needed, but rather all they need to do is apply the former FM3/FM2 policies of the past to the new Residente Temporal, and apply the former Inmigrado policy to the new Residente Permanente. Thus, Residente Permanente holders would not be given extensions to the TIPs.

      Any thoughts, Gary or anyone?

      Regards,

      Roger

  26. Gary says:

    I sent a request for quote from TioCorp weeks ago, and have heard nothing back from them. I did speak to them twice via phone and they are working through a broker (nameless) in Guadalajara who in turn is working with a broker (also nameless) in Tijuana. It’s a lot of money to send to people you don’t even know by name, much less reputation. TioCorp is charging a handling fee and posting a legal disclaimer (convenient).

    • R Blair says:

      Dear Gary,

      When you say you haven’t heard back from them does that mean they haven’t acknowledged your request at all. In my case I requested a quote and within an hour received an email back acknowledging my request, but stated that in view of the immigration law changes they are extremely busy, and it may be “a few days” before they can get back with a quote. If you mean you didn’t receive an acknowledgement you may want to try again. “Weeks ago” doesn’t seem consistent with the “few days” their email told me. Regards, Roger

  27. Gary says:

    When INM rewrote the law, part of the reason behind it was to simplify things. (I don’t know if that was a success). There is no longer an FM2 and FM3. Those names changed in the first “new law” and became Inmigrante and No-Inmigrante. Now Inmigrante and No-Inmigrante have been (combined) replaced by Residente Temporal. Under the old system, you went to Inmigrado after FM2. There is no more Inmigrado. It is now called Residente Permanente. Everyone continues talking about FM2-FM3-Inmigrado, etc., and I think it gets a lot of people confused.. Their names have changed, but there are still but two real categories: temporary and permanent. FM2/FM3,Inmigrante and No-Inmigrante were temporary visas. Inmigrado was permanent. It is simpler in some ways, but not so convenient for some of us now. One used to be able to stay FM3 (Temporary) forever if you wanted, but not now (without leaving the country and starting all over again).

    • yucalandia says:

      Hi Gary,
      These things are all true. If readers want specific details and legal references to these things, we reported both the summaries and the details 21 months ago in May of 2011: Section “Original Article” of
      New Immigration Law Published for Mexico
      .

      Most of the May 2011 law was directed at defining and increasing protections for refugees. Your comments repeat very good summary points for the key parts that affect Americans and Canadians.
      steve

  28. Gary says:

    Steve Quote:
    “They really are not equivalent, otherwise FM2 would be equal to FM3 – and there would be no TIP mess with Aduana”.

    FM2 and FM3, OR, Inmigrante and No-Inmigrante have ALWAYS been allowed to have a TIP under Aduana Law, providing that they were RENTISTA. Residente Permanente used to be called Inmigrado and has NEVER been allowed a TIP.

    The problem with Aduana is absolute insanitiy:

    Some Aduana offices are refusing to approve TIPs for Temp Resident Visas because the old Aduana Law does not specifically say Residente Temporal. The law uses the old nomenclatures for the visas. Like they only had nearly two years to change it and they know what it is, so why be so brain-dead? It has nothing to do with immigrant status, it’s a big hassle over the names of the visas in the law. Complete lunacy.

    I’m still curious as to whether or not someone has been able to get through to Aduana in Progreso.

  29. Gary says:

    Thanks, Steve.

    Seems that there are lot of people still writing in re: TIPs and their immigration status and are confused about what their status really is vis-a-vis their old visas.

    The changes made things much, much easier for people wanting to move into permanent status and never again have to deal with Immigration. But, many live only part of the year here and return NOB for the rest of the year. They need their car and this Aduana situation has created nightmares for them.

    My intention was to be helpful.

  30. Gary says:

    Here is something interesting to be answered:

    The Amparo filed in Tijuana which allows cars of any age and any manufacture (non-NAFTA) can be filed in any State by any individual. I have been led to believe that the cost of filing an Amparo is about $300 US. So, why doesn’t a broker in Progreso/Quinjtana Roo file an Amparo complaint, which would then result in the court issuing an Amparo in Progreso/Quintana Roo for nationalization of foreign-plated cars (Aduana would then have to appeal the Amparo and have it over-turned: takes a very long time for appeal). Amparo is a very powerful legal ploy in Mexican/Napoleonic Law: says in effect that current laws are infringing on your Constitutional Rights.

    • yucalandia says:

      Hey Gary,
      Wonderful !

      I have no ideas, insights, or understanding, but it sounds promising.
      steve

    • R Blair says:

      Dear Gary (also Steve),

      The thing I read implied that one could not file an Amparo suit until he had exhausted other legal options. If so, likely one would have to spend a lot more than $300 before he could be legally able to file an Amparo suit. It doesn’t sound to me like it would be that easy for just any broker to do. Thanks,

      Roger

  31. Gary says:

    Mexico’s “recurso de amparo” is found in Articles 103 and 107 of the Mexican Constitution — the judicial review of governmental action, to empower state courts to protect individuals against state abuses. Amparo was sub-divided into 5 legal departments:

    (a) the Liberty Amparo (amparo de libertad)
    (b) the Constitutionality Amparo (amparo contra leyes)
    (c) the Judicial or “Cassation” Amparo, aimed at the constitutionality of a judicial interpretation
    (d) the Administrative Amparo (amparo como contencioso-administrativo); and
    (e) the Agrarian Amparo (amparo en materia agraria, ejidal y comunal).[11] +

    The two “aduaneros” in Tijuana used the Amparo against Leyes Aduaneras to say that the Customs Laws were infringing on their Constitutional rights to import cars: any year and of any country of origin.

    Thing is to contact an Attorney to see what the cost of filing an Amparo would be and who would have to file the Amparo.

  32. Gary says:

    Yes, I did receive an email acknowledgement from TioCorp which said I would hear something in a week or so. I later spoke via phone with someone at Tiocorp and they again verified that my request for a quote had been forwarded to the broker. My guess is that about three weeks have passed and I have heard nothing. I feel uncomfortable enough about it that I am not going to pursue the matter. I will keep the car as long as I can with an eye on the future for disposing of it. It would be a real blessing if “they” issued another car amnesty as was the case during the Fox presidency, but nothing so far. We can always hope.

  33. Rich says:

    How long do we have to drive U.S. registered cars out of Mexico that have a “J” Vin? What is the process? I heard that you must obtain a Five Day Safe Transport Permit or your car can be impounded at the border? Will they ever let us keep these non-NAFTA cars here?

    • yucalandia says:

      Hi Rich,
      If you have a Residente Temporal card, you can apply with Aduana to extend the expiration date on your TIP.

      If you have gotten Residente Permanente card, then you should have dealt with your “J” TIP car before getting the new INM permit. You officially have zero days to legally operate the “J” TIP car, once you receive your Residente Permanente card.

      If you have a Residente Permanente card, then you have at least 7 possible options:
      1. Wait a month and see if the rumor that the Camara de Diputados (Legislature: lower house), will publish new rules giving some relief, to save your bacon. (in the meantime, drive with the risk of having your vehicle confiscated)
      2. Drive the car out of Mexico to a US border, and hope you can talk your way out of any traffic stops (risk of confiscation).
      3. Request a Safe Returns permit from Aduana DF. When you get your 3 day to 5 day permit, then legally drive the car out of Mexico.
      4. Drive the car to Guatemala or Belize or the USA and sell it.
      5. Take the car to a Mexican port (e.g. Vera Cruz, Progreso, etc) and ship it to Texas or Florida – sell it there.
      6. Take the J car to either TioCorp or to Tijuana or to Mexicali, and have a customs broker import it into Mexico under a special (temporary) Amparo.
      7. Dispose of the car at a dehuesodero (junkyard – auto scrap yard), getting a Notarized letter documenting that the car has been scrapped, submit that letter as a part of an application to Aduana to cancel your TIP.

      We do NOT advocate driving cars in any illegal way. For those who choose to illegally drive a car, we strongly suggest you also check with your insurance company, to prove that your insurance company will pay for any accident claims when operated illegally. e.g. If you have a catastrophic car accident with a family of four people, killing them, and your insurance company says: “Sorry, you invalidated your policy by not maintaining a legal permit. We will not cover your accident.” You may find yourself in jail (no food, no water, no phone calls) until your friends or family can prove that you will pay at least $1.2 million dollars for the claims/damages.
      steve

      • Rich says:

        Thank you! I have a 3 year Residente Temporal card. So, I can extend a Foreign Plated Vehicle with a “J” Vin # by appling with Aduana to extend the expiration date on your TIP? If so, this can be done at the Puerto Vallarta airport?

      • yucalandia says:

        Hi Rich,
        Yes, you can ask to extend the expiration date of your TIP on your “J” VIN , especially if you have no breaks, no fines, and no penalties on both your present Residente Temporal and your previous FM3. If you did the annual TIP expiration date extensions with Aduana, and can show them past Aduana letters since June 2010, then it should be straightforward. A few Aduana offices are hesitating to approve extensions to TIP holders who have not done their annual renewals. (??) If you have problems, have them call Lic. Karen Villaseñor at Aduana DF.
        steve

      • Philip says:

        Your Statement ( you should have dealt with this ) seams really pretty harsh! Do you know for a FACT that my car is now illegal in Mex. when I receive my permanent card or are you basing this on the premise from the old immigration status I have seen nothing from the HEAD aduana that has addressed this
        Just My 2 centovos
        Phil

      • yucalandia says:

        Hi Phil,
        Since you cannot see my facial expressions, nor tone of voice (by reading flat text), please realize that I am feeling firm-but-friendly.

        I have seen nothing from the HEAD aduana that has addressed this.”
        Know that the HEAD of Aduana cannot change written Law. Only the Camara de Diputados is authorized by the Constitution to change Aduana law. The Ley Aduanera definitely prohibits citizens and people living permanently in Mexico from having Temporary Import Permits. When you got your Temporary Import Permit (TIP), you were never promised that you could magically keep your car here permanently or indefinitely. A Residente Permanente card clearly allows the owner to stay in Mexico permanently. There is no way to interpret that the current Ley Aduanera can allow a foreigner to magically keep a foreign-plated car in Mexico indefinitely or permanently, simply due to some change in INM law. The Ley Aduanera clearly requires that foreign cars brought into Mexico permanently must pay duties and fees.

        As we have written repeatedly: The best official and most recent official word from a mid-level Aduana DF supervisor/manager says that only Residente Temporal (no Lucrativa = Rentista) are allowed to renew/extend their TIPs. This is fully consistent with the old FM2/FM3 rules under which expats temporarily imported their foreign-plated cars. We have offered Lic. Karen Villaseñor’s personal contact information for readers to contact, and we have repeated the offer from Lic. Villaseñor to have any errant local Aduana officials call her, and that she “will straighten them out”.

        Lic. Villaseñor has followed through on this policy, by stopping all Aduana Help-Line phone reps from mistakenly telling expat Residente Permanentes that they can keep their TIP cars.

        As you do not believe that this is the current Aduana policy, have you called Lic. Villaseñor ?

        “Your Statement ( you should have dealt with this ) seams really pretty harsh! ”
        This is a matter of style. Some people choose to avoid problems by staying informed, and taking prudent actions to avoid problems. It has been widely published since May 2011, that the May 2011 INM law created a Permanent Resident category that was not compatible with keeping a TIP car. Many expats who wanted Residente Permanente took heed and either removed their TIP cars from Mexico or imported them in the meantime. – e.g. We have more than a few friends who pre-emptively took their TIP vehicles out of Mexico at their convenience, before facing the deadlines of getting Residente Permanente.

        Since we knew we wanted to keep our vehicles here permanently, we personally sold our “J”-car Maxima, and replaced it with a Sentra: permanently importing our 2 vehicles to specifically avoid these problems. The choices we made and our friends’ choices have been available for almost 2 years now.

        We advocate expats to stay informed about the current rules and laws of Mexico, under the world-wide principle that ignorance of the law is no excuse. This looks harsh “on paper” – and maybe even feels unfair – but …

        It seems better to stay ahead of the curve, and chart courses to not get squished by govt. rules.
        All the best,
        steve

      • R Blair says:

        Dear Steve,

        Here’s something interesting: My American neighbor drove to the USA 2 weeks ago to to apply for Residente Permanente. (He was told at INM in San Miguel they were not prepared to handle an application based on financials [he had been in the country only 2 years.]) He must go to a consulate in the USA to start the process. At the border he turned in his TIP for deposit on his 2011 car. In Denver he applied for Residente Permanente at a Mexican consulate, and was told he would be able to pick up his RP card in San Miguel in 2 to 3 weeks. They also said he should have no problem getting a permit to import his car on returning to the border, despite applying for permanent residency, because the law had not changed YET. However, at the border he was given a 30-day permit (I think he entered the USA at Eagle Pass, TX) requiring NO deposit “to give him time for him to receive his Residente Permanente.” With no deposit made and only a 30-day permit, I suspect once his permanent residency is received or the 30 days are up that the car will be illegal. I am only guessing, but I found his experience something to share. Your thoughts?

        Thanks,

        Roger

      • yucalandia says:

        Roger,
        This story perfectly fits the current official policy out of Aduana DF (in place for the past 3 weeks).

        You are correct. Under the current official DF policy, his car will be illegal in 30 days…

        Again, let’s hope that the Camara de Diputados publishes their bill amending the Ley Aduanera that resolves these problems (for both Residente Temporal and Residente Permanentes with TIP cars). Let’s hope for publication of the changes soon.

        We personally are hoping for a general amnesty, where gringos of all flavors with TIP cars will be offered an general one-time amnesty to either pay import duties and fees to permanently import their cars, or be allowed to easily take them out of the country…
        Happy Trails,
        steve

  34. Gary says:

    Steve —

    Do we have any feed back that Progreso is now approving renewals for Temp Residents? I don’t know anyone who has renewed recently.

    • yucalandia says:

      Hi Gary,
      We have a good acquaintance who just applied to extend their TIP expiration late last week, with their new Residente Temporal (Rentista). So far, neither Aduana nor Banjercito have rejected the application. Hiram Cervera just did a very good presentation to the MMC this morning, and Hiram announced that he had talked with Aduana de Progreso last Friday, and they told him they were still following their old mistaken policy of rejecting Residente Temporal applications.

      Apparently no one has yet had Progreso Aduana call Lic. Karen Villaseñor about their current incorrect policy. Hiram Cervera said he planned to contact both Lic. Villaseñor and Aduana de Progreso. We still believe that if Aduana de Progreso calls Lic. Villaseñor, then the problems will be resolved.
      steve

  35. Gary says:

    Steve —
    Sorry to hear that Progreso is still lagging behind, but having been a client of Hiram Cervera, he is a very good person to get things done. Hiram is an excellent broker and fully appreciates the TIP problem as well as obstacles presented by out-dated import restrictions.

  36. Gary says:

    Hi Roger —

    You are correct: there is basically no change for temp visas, i.e. FM2, FM3, alias Inmigrante, No-Inmigrante, alias Residente Temporal as long as they are RENTISTA. They are all temp classifications. The only problem is with Inmigrado, now called Residente Permanente: no TIP allowed. What I wrote was the same:

    “FM2 and FM3, OR, Inmigrante and No-Inmigrante have ALWAYS been allowed to have a TIP under Aduana Law, providing that they were RENTISTA. Residente Permanente used to be called Inmigrado and has NEVER been allowed a TIP.”

    Best regards, Gary

    • yucalandia says:

      Hi Gary,
      You wrote:
      You are correct: there is basically no change for temp visas, i.e. FM2, FM3, alias Inmigrante, No-Inmigrante, alias Residente Temporal as long as they are RENTISTA. They are all temp classifications.

      This is currently correct for some Aduana offices.

      Other Aduana offices are still not allowing the Residente Temporal card holders to have TIP cars… *sigh*
      because of the Section 17.1 section that specifies that one must have “inmigrante rentista” or “no inmigrante” , to qualify to have a Permiso de importacion temporal de vehiculo. We are working with Aduana DF (Lic. Karen Villaseñor) to get the problematic Aduana offices to change their policies to allow Residente Temporal card holders to keep their TIP cars, but as of today, Aduana de Progreso is still saying: “No”. …

      We sure will all be much happier campers when the Camara de Diputados publishes their bill amending the Ley Aduanera that resolves these problems (for both Residente Temporal and Residente Permanentes with TIP cars). Let’s hope for publication of the changes soon.

      Happy Trails
      steve

  37. Gary says:

    Hi Steve —

    I don’t know where the wires are crossed, but I understand what the Law says and i AGREE with you, Ii.e., if you changed from FM3 to FM2 Rentista, the TIP carries through. An old FM2 is Inmigrante, not Residente Permanente (INMIGRADO). It could lead to Inmigrado, but you didn’t lose the TIP until you actually became Inmigrado.

    FM3/No-Inmigrante was different in that it did not lead to Inmigrado status.
    FM2/Inmigrante did lead to Inmigrado status after five years total of FM2.

    Nevertheless, both FM3 and FM2 allowed a TIP as long as you were Rentista.

    If you had an FM3 Rentista and then changed to FM2 Rentista you were able to keep your TIP as long as you were Rentista.

    Previously whatever time earned on an FM3 did not transfer over to an FM2. You had to start the count all over again. The new law is allowing time on either FM3 or FM2, or a combination of the two to count toward the 4 years needed to become INMIGRADO/Residente Permanente

    The only time you lost the TIP under the existing law, is if you went from FM2 Rentista to Inmigrado/Permanente. Nothing has really changed, except that, some Aduana Offices are not following the Intent of the new INM Law, but are following instead the Letter of the old Aduana Law.
    Lic. Karen Villaseñor affirmed this when I spoke with her a week or two ago: Temp Rentista, yes; Permanente, no.

    The problem of the past several months is that some Aduana Offices are not recognizing the Temp Resident visa because the old law does not specifically use the term “Residente Temporal”, but uses instead the classifications No-Inmigrante or Inmigrante. Common sense would dictate that the new Residente Temporal equates to the FM3/No-Inmigrante and FM2-Inmigrante, but some people don’t use common sense.

    Did I make it more confusing? Maybe I’m being too verbose and talking in circles.

    Regards,
    Gary

  38. Gary says:

    Steve — The current Ley Aduanera and the Aduana and SAT Operations Manual for Temporarily Imported vehicles are very specific on this point, that one must have “Inmigrante rentista or “no inmigrante” , to qualify to have a Permiso de importacion temporal de vehiculo.
    steve

    I think I see the confusion: Inmigrante/No-Inmigrante are being confused with “Inmigrado”. Inmigrado is not the same as inmigrante.

  39. Gary says:

    One good thing about the new INM Rules (causing many of us undue aggravation and possible expense with our cars in terms of losing them) is that Residente Permante (old Inmigrado status) means that you will never again have to make numerous trips to Immigration with a folder of forms and documents, and spend money on renewals: Permanente means you are done with Immigration forevermore (well, unless of course you change: address, marital status, employment, or citizenship: in those cases you have 90 days to notify Immigration so they can make the changes in the computer system).

    No more Immigration Office is a wonderful thing.

    The mess with keeping our cars is another story, and an unpleasant one that is causing many of us unanticipated stress!! I’m praying for a Car Amnesty.

    Gary

  40. Dave says:

    Regards the whole issue of trying to get your TIP renewed by Aduana.
    Last year I tried to do it at Tuxpan and was met with blank stares …. ” we don’t know how to do it ”
    End result was a trip to D.F. and the mess was sorted out in one day and an extension granted along with notification to Banjecito not to forfeit the deposit.
    Will try again this year at Tuxpan first, but if still no luck has anyone had any experience with trying to get a TIP renewal at the port of VeraCruz ????
    a lot shorter trip for me than going to D.F. again

  41. Pingback: The BIG question: WHAT TO DO WITH FOREIGN-PLATED VEHICLES???

  42. Pingback: The BIG question: WHAT TO DO WITH FOREIGN-PLATED VEHICLES??? | MEXICO DREAM

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