Surviving Yucatan

October 7, 2013
Please allow me to preface these ramblings with a few observations:
~ If you don’t want to read anything about the latest rounds of silliness in Washington DC, then… read no further. ~

~ If you like looking at political processes through the lens of an independent, Centrist member-of-no-party, then keep reading. Ideologues of all stripes, especially those embracing the ends of the spectrum, should read with caution.

~ Finally, note that several other friends in the USA have noticed the same things, and ironically were writing much shorter pithy-er bits on the same topic at the same time. A short version offered by one friend: “The madness continues among the (politicians). … One poll shows 33% of respondents blaming the Democrats and 17% holding both parties responsible, thereby establishing that that 50% of the population is all get out stupid.” ??

Why are the leaders in Washington allowing a small group of ideologues to hold the greatest country in the world, hostage ?

What happened to “doing your job”? … They’ve had a full 365 days to pass a budget…
What happened to setting aside personal ideologies, to instead try to do what is best for the country?

Fremdscham and the Dunning Kruger Effect: (Why should we care?)
Read more here…

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Full Article can be read at: A piece that still needs a lot of polish

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

Read on MacDuff

October 24, 2013
Updated information on how to get an exemption from ACA / Obamacare for expats living abroad who travel back to the USA:

https://www.healthcare.gov/exemptions/

Exemptions from the ACA requirements and IRS payments

Under certain circumstances, you won’t have to make the individual responsibility payment. This is called an “exemption.”
You qualify for an exemption if:

• You’re uninsured for less than 3 months of the year,
• You have Medicare,  Medicaid, or some VA coverages, or
• You have such low annual income that you are not required to file with the IRS:  see the  IRS Interactive Tax Assistant (ITA).

The first item (from the Healthcare.gov websites) seems to mean that you can go back to the USA for up to 3 months without getting health insurance.

• You also qualify for an exemption to ACA / Obamacare if you are outside the USA at least 330 days per calendar year. (330 day “physical presence” rule)

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What if I go back to the USA for more than 3 months?
You must either be exempt due to insufficient annual income (under IRS exemption to filing rules:  http://www.irs.gov/uac/Newsroom/Who-Should-File-a-2012-Tax-Return%3F ), or you must get qualifying health care insurance coverage.

Some travel insurance policies qualify.   See the list of essential benefits** (listed below) that must be covered by qualifying insurance.

When you arrive in your US state of residency, there are special rules allowing people to sign up for insurance protection under the exchanges, even outside the open enrollment periods.

The general public’s open enrollment period for ACA health coverage in 2014 closes on March 31, 2014, and does not reopen until 2015.

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What if I live outside the USA and have health care coverage in the foreign country where I live?
~ If you do  not  return to the USA for more than 35 days per year (36 days in leap years), then you are exempt. (passing the 330 day “physical presence” test)
~ If you return to the USA for more than 35 days per year, but you have qualifying medical insurance coverage** (from your home country) that covers treatments while in the USA, then you are exempt from ACA/Obamacare.

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What are the essential benefits that a qualifying foreign health care insurance program or travel health care insurance policy must cover?

**Essential health benefits must include items and services within at least the following 10 categories:

~ Ambulatory patient services (doctor’s office visits);

~ Emergency services (ER visits);

~ Hospitalization;

~ Maternity and newborn care (this is waived for men, and likely for clearly post menopausal women);

~ Mental health and substance use disorder services, including behavioral health treatment;

~ Prescription drugs;

~ Rehabilitative and habilitative services and devices;

~ Laboratory services;

~ Preventive and wellness services and chronic disease management; and

~ Pediatric services, including oral and vision care.
https://www.healthcare.gov/…ial-health-benefits/

Note that if you return to the USA for more than 3 months,  your foreign health care plan must also cover these items for treatment in the USA.   e.g.  IMSS does not cover treatments in the USA.

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I live abroad, but I want to participate in ACA / Obamacare:

According to an advanced expert on the Marketplace helpline, you must be a Resident of the state where you apply for healthcare coverage with a state exchange. There are some multi-state coverage plans (with reciprocity agreements) like the Kansas, Missouri, and Oklahoma group, but you still must be a resident of one of those states.

A specialist on the Healthcare.gov help line, who has special advanced training, researched the options for expats living abroad reports that:  They can use the US addresses of family members or friends in the state that they expect to reside in, to apply for ACA / Obamacare insurance coverage in that state’s exchange program,  making the application before they return to the USA.

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Readers who want more detailed information on Americans traveling or living abroad and the Affordable Care Act (ACA) / Obamacare can go here:  ACA – Obamacare’s Effects on American Expats Living Abroad

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

Read on MacDuff

October 1, 2013

As of October 1, 2013, Mexican Federal law now requires that all vehicles have insurance.

The changes to the law establish penalties and fines of between 20 – 40 days of minimum wage to drivers of vehicles who cannot show insurance protection.   The policy shall ensure payment to third parties for any damages to goods or persons in case of accidents.   The fine are canceled if insurance coverage is later proven within 45 days.

http://www.elfinanci…-federales.html  , http://zonafranca.mx…eban-diputados/  ,  http://www.dof.gob.mx/…amp;fecha=21/05/2013 **

Hopefully, this national requirement will decrease the likelihood of uninsured motorists, by replacing the previous patchwork of varying state requirements.

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

©  Read on MacDuff

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**References:  Martes 21 de mayo de 2013, DOF, Reforms to the “Ley de Caminos, Puentes y Autotransporte Federal”, Articulo 63:
“Artículo 63 Bis. Todos los vehículos que transiten en vías, caminos y puentes federales deberán contar con un seguro que garantice a terceros los daños que pudieren ocasionarse en sus bienes y personas por la conducción del vehículo. La contratación del seguro será responsabilidad del propietario del vehículo. …”

September 21, 2013

The Camara de Diputados has published their new version of the Ley Aduanera that harmonizes Mexico’s Customs Law with the November 2012 Lineamiento changes made to the Immigration Law (Ley de Imigración).   (There is no word yet on when it will be formally signed into law.)

Click to access 04_ley_aduanera.pdf

If we jump to Article 106,  we see that the Mexican legislature sure seems to have fixed the problem of working (lucrativo) Residente Temporal INM permit holders who also have Temporarily Imported Permit vehicles.

Here is Yucalandia’s rough translation into English, followed by the Spanish language version:

Articulo 106:  IV. PART IV. For the term of his or her migratory status, including extensions (renewals), under the Terms and  Conditions established by SAT (el Servicio de Administración Tributaria) applies to the following cases:

a.  Vehicles owned by owned by foreigners who enter the country, using visitor and Temporary Resident permits to temporarily import a single vehicle.  Vehicles may be driven within Mexico by the importer, his spouse, ascendants, descendants or brothers and sisters, even if they are not foreigners, or by a foreigner
having one of the conditions of stay referred to above (Visitante or Residente Temporal), or by a Mexican national, provided that in the latter case, the Mexican is accompanied by any of the types of people authorized to drive the vehicle.   This vehicle may make multiple entries and exits.  The vehicles covered by this subsection, shall meet the requirements of the Regulations.

Spanish Language version:

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

Read on, MacDuff.

Sept. 3, 2013

SEGOB (Mexico’s Secretaría de Gobernación) has published their official guidelines for Residente Permanentes and Residentes Temporales to report key life changes to INM. If you have Permanent Resident or Temporary Resident status in Mexico, we are required to report any changes in marital status, name, nationality, home address, or work / employer / employment.

We are required to report these changes within 90 days.

The specific requirements are reported in an article that contains both English and Spanish versions of the requirements. continue here.

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You can read the full article at: Foreign Resident Requirements for Filing Changes with INM

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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.

© Steven M. Fry

Read on, MacDuff.

Aug 28, 2013

In our continuing tradition of inviting talented guest authors to explain the details of complex issues that commonly affect people living in Mexico, we invite Mark E. of Patzcuaro to tell us about his recent trip to the USA. Mark had a Mexican-plated car that he needed to use in the USA. Following his bent for typically very-thorough research, Mark explored the common options, and worked out all the kinks that most of us encounter when driving our Mexican car back North of the Border (NOB). Here is Mark’s account – replete with lots of useful tips on how to make the process work very smoothly – avoiding common mistakes:

“Having just concluded a 6 week visit to the US with our Mexican-plated car, I offer this recap of what I learned about car insurance for driving a Mexican car back NOB. A fairly straightforward process led to us carrying a stack of fresh new insurance documents with us on our trip. Since there were no accidents or traffic stops, fortunately I had no opportunity to test the stack of papers.

Key Notes on Insuring Mexican Cars for Driving in the US & Canada:

• We drive a Mexican vehicle, originally sold new in Mexico. It was not imported from the US and so it does not have a lingering trail of a US-registered VIN info, or US plates.
• We have liability and collision/theft/physical damage in Mexico with ANA Seguros.
• The Territory clause of the ANA policy says that collision/theft/physical damage coverages extend to the US and Canada without any time limits. Liability, however, does not extend outside of Mexico for our policy. …continue here.

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You can read the full article at: Insurance News for Mexican Plated Cars Driving in the USA & Canada
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read on, MacDuff.

Aug 25, 2013
From time to time, we are glad to welcome guest author’s and expert’s articles and opinions here on Yucalandia.   In this tradition,  we welcome these observations, originally offered by Richard C. over on a popular Mexican expat web-board:

“I have been surprised by levels of petty stuff that has been popping-up on expat forums, since the INM changes and PRs with imported car hassles arrived a year ago.   The gunk has been cropping up faster than weeds in a well watered garden.   Groups of select people seem to be jockeying for some imagined  positions.   It seems like petty jealousies and people’s personal crap are erupting so regularly,  that they are becoming dominant themes on web-boards in Mexico,   stuff that has not been on my radar for decades…   Without actively thinking about it, I suspect  I have previously,  subconsciously, imagined  that most people on expat forums had matured beyond this stuff.

Over the past year, (since the INM changes and imported car hassles?),  it seems like a lot of people have been reverting to old “High School” mentalities,  replete with teen-angst over getting everybody else to conform.   Groups of retirees,   putting a lot of personal energy into  “who’s-really-popular”   (this week),   “who’s-friends-with-whom“,  “who’s pissed-with-whom“,     “who’s  teacher’s-pet” (moderators-pet?),  “who is teacher upset with” ,  “who is liked    by everyone ” ,  “who are the out-casts”  ,  “who are the   cool   kids” ,  “who are    The Losers”

Other people seem to still be all about  “who are people in   your    clique ?”

Others are all about   zinging  or bringing down   whoever has dared to stick their heads up to simply see above the rest of the crowd?

Even the moderators on some boards   are  jockeying for position.

Have people been slipping by into their old High School mentalities,   putting on their Letterman’s jackets   or   Cheerleader outfits,   flexing,  posing,  and strutting,    ?

Did someone accidentally flip the channel to   “Happy Days” ?

or  have I just lost my mind?

Sincerely,
Richie C.

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As always, we take no responsibility for the opinions of our guest authors,
steve

We now return you to your previously scheduled programming…
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read on, MacDuff.

Aug 24, 2013
Fortunately, Dengue Virus infection rates in Yucatan have been very low so far in 2013. This may change based on the latest Dengue Virus surveillance results.

Our local UADY researchers work in concert with Colorado State University and the US National Institutes of Health (NIH) to monitor Dengue Virus levels in mosquito populations in various Yucatan cities and in Merida. The Good News: No Dengue Virus has been detected by them in 2013, until this week, as sampled in mosquitoes in areas that have had high rates of Dengue Virus infections in past years.

The Bad News: These researchers just found Dengue Virus Strain 2 (DENV2) in mosquito populations in both Uman and in south Merida (Fracc. San Nicolas del Sur).

This means it’s time to renew our personal efforts at mosquito control, and mosquito breeding site clean-ups, as Dengue starts moving, especially through the Merida and Uman areas.

We now return you to your previously scheduled programming…
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read on, MacDuff.

Aug 24, 2013
News from around Mexico:  The old advice about foreigner drivers not having to show their INM documents to police has now officially “expired“, both in INM rules and om various state laws. e.g. Article 50 of the new Ley de Movilidad y Transporte (Mexico’s Transit Law for Jalisco) describes the we now must to have our INM document (Residente Temporal card or Residente Permanente card or Visitante permit) to be able to drive (in Jalisco and … other states).

“Artículo 50. Los vehículos registrados en el extranjero podrán circular en el Estado, si sus conductores acreditan la legal internación y estancia en el país de los mismos, mediante la documentación expedida por las autoridades federales competentes.

Mr. Google translates this as:
” Article 50. The foreign-registered vehicles may move in the state, if their drivers
prove the legal entry and stay in the country of the same, by documentation issued
by the competent federal authorities (INM).”

Combined with the various state rulings that we must show our INM IDs to police, consider INM rules that also require that we carry our INM permits (when outside our homes) and that we must show these permits when requested by Mexican Govt. officials.

We now return you to your previously scheduled programming…
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read on, MacDuff.

Aug 19, 2013
According to a recent WSJ article on American Expats: http://online.wsj.com/…014772169287210.html    more American expats are considering renouncing US citizenship.

“… . In 2004, Congress imposed severe penalties—up to $100,000 or 50% of the account, whichever is greater, per year—on U.S. taxpayers who choose not to tell the IRS about foreign financial accounts totaling $10,000 or more.

For CURRENT details, see our master article on taxes at: IRS Tax Issues for Americans Living and Working Abroad in Mexico – Master Article

Critics point out that this penalty is for not filing a form, not for evading taxes. Bryan Skarlatos, a New York partner with law firm Kostelanetz & Fink who has handled hundreds of offshore accounts cases, says the total includes more than a dozen in which the tax and interest owed on offshore accounts was less than $20,000. Yet the IRS assessed penalties of more than $1 million, he says. The IRS declined to comment. ”

FATCA and the Exit Tax Problems with Renouncing Citizenship continue here.
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You can read the full article at: FATCA Fallout for US Expats Living Abroad
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read on, MacDuff.

August 17, 2013
“IF YOU ARE A TEMPORARY OR PERMANENT RESIDENT (of Mexico):
NEVER ENTER (OR EXIT) MEXICO AS A TOURIST”

There is a lot of advice given on the internet, especially on web-chat forums, but in the midst of all the chatter, a few voices are broadly recognized to give advice that stands rises above the crowd.     Rolly Brook is one.      Spencer McMullen is another.

Rolly?    He has just announced his retirement: ~  It’s time to say good-bye ~

Spencer McMullen, the talented and well-respected attorney, offers the following very good advice to Residente Temporal and Residente Permamente card holders:

“The only people that should enter Mexico as tourists are those who want to leave in 180 days. Using their nationwide computer databases, Immigration is now checking and cross referencing the entrances of foreigners with Residente Permanente and Residente Temporal visas.       The law states that if you enter or exit as a tourist then you will have your temporal or permanente visa canceled.

Why would people who have one of these documents risk losing everything including all the time and money spent?

Here are some commons reasons:
Ignorance about having to show their travel letter (or needing one when traveling while papers in process). Continue reading here.
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You can read the full article at:   Temporary and Permanent Residents Entering Mexico as “Tourists”: Don’t …

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

Read on, MacDuff.

August 16, 2013
Here’s and update on Merida INM’s policy on FM2/FM3 cards with Refrendo/Prórroga = 3 (completing 4 total years ) changing to Residente Permanente: Merida requires that the FM2/FM3 card holder wait until the first business day after the card expires to apply for changing category to Residente Permanente .

A good friend with excellent Spanish skills confirmed this yesterday and today. Because his current FM2 expires in September, and he needs to fly out not long after the expiration date: He really did much prefer to apply 30 days (or more) before the expiration date, and he also wanted expedited processing to get his card before having to fly out for a NOB family wedding.

No, no, no…. were the answers: You MUST come in only on the first business day after FM2 expiration.

This policy was confirmed by a second visit to INM the today, as he talked with different INM agents on the same issues/questions on 2 different days.

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

Read on, MacDuff.

August 13, 2013

There are some local expat webforum postings that include spicy imaginings that Permanent Residents are somehow magically not allowed to work in Mexico.

Fortunately, this is a tempest in their teapot: The May 2011 INM Law clearly stated that Residente Permanente card holders are given full rights to work.  As a real-world example of how the Law works, I got my Residente Permanente card in May,  was hired by UADY in July, and just received my first paycheck this August  (Yaay!).  And yes, the work that I do can be done by other Mexicans.

Gringos can speculate about whether US expats will be hired as Costco clerks, hypothetically taking jobs away from local Mexicans, but it is all just fun uninformed musings, based on out-of-date principles that do not apply.   Proof? I am much enjoying returning to the portion of society that is paid for being productive.

If readers still don’t believe that Permanent Residents have the full right to work, then read the 2011 DOF records:  LEY DE MIGRACION PARA MEXICO  or New LEY DE MIGRACION PARA MEXICO in Spanish and focus on Article 162, and on Chapter 2, Article 52, Item  IX and Transitorios, Sexto, I – VI amoung other items.

Ironically, this stuff has been published, widely publicized, and well known among people who follow immigration issues, since May 2011, so the local webforums are still great sources of misinformation masquerading as fact, even 2½ years later.

Further, as reported  here before:  Having a Residente Permanente card does NOT mean you are completely done with INM:  INM does require R.P. card holders to report any changes in their Mexican address, changes in their Mexican work/earning status, or changes in Mexican employer.

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

Read on, MacDuff.

July 25, 2013

“Where are your treasures?”

We humans love our “ruts” .

We get up in the morning,  (shave?),  wash (?),  make coffee,  fire up the computer ….

… daily following some unknowingly-programmed but carefully-honed combinations of morning ablutions, dressing, eating, drinking, conversing gently with those we love (?), and we predictably start thinking about the coming day.

We really are much like deer who take the same trails for centuries

~ even when that trail no longer makes sense. ~

and then…   the phone rings…  or the doorbell rings … or someone gets sick ….  or someone dies…  or some deadline looms (~ like having to renew our Immigration permits ~ or  ~ dealing with getting our previously-legal cars out-of-the-doghouse).

Each,   and all,   bringing change

that is beyond our control.

If we briefly step outside our ruts, and step outside our frustrations and our reactions to these changes,   we might notice that change is a constant.

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If you can still see-light-and-hear-thunder,  then things are changing.

.   .   .  Continue Reading ……………

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You can read the full article at: Change: Moving to Mexico …. Living in Mexico

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

Read on, MacDuff.

July 20, 2013
There has been a fun article, created by the well-experienced attorney: Spencer McMullin published on various Mexican expat web-forums and websites – describing the vagaries of Mexican law.

We much appreciate Atty. McMullin’s (aka Spencer, or “Intercasa” on expat webforums) ongoing and ~ very generous ~ efforts to consistently help foreigners in Mexico ~ with free advice ~ on handling legal issues very well, esp. when dealing with the Mexican Gob., the Mexican police, and Mexican Immigration and Aduana, and the Mexican judicial system. We offer kudos and high praise to Spencer’s efforts, and we invite you to check out his very good site at chapalalaw.com . Finally, we offer the following article (including minor stylistic edits) of his latest very good insights (as published on Mexconnect):

6 Big Mistakes People Make in Mexican Lawsuits
It is 8:00 am, you are drinking your morning coffee, and there is a knock at the door.
Jehovah’s Witnesses?

A nice neighbor wanting to borrow a cup of sugar?

Who could it be?

Oh, it’s Spencer… but wait…
The police are there, with Spencer, along with a bunch of Mexican guys in suits
… as well as a tow truck.

What’s going on?

Would you refuse to come out?
Would you come out to find out what was going on, then remember you owe money to a hospital or person …
and then run back inside and slam the door and hide?

That could cost you your door, (because many court orders for embargos include orders to enter forcefully) …

Even if there is no order permitting them to break down the door, do you want to hide inside ?   Indefinitely…. Especially since the plaintiff’s attorney will just apply for such an order, and they return to break-down your door and serve you just a few weeks later?

That’s mistake number 1.

As a Mexican attorney (with my cédula profesional), litigator, and official court translator, … It’s been my experience that most foreigners don’t know how the Mexican legal system works.   That’s often compounded by being represented by bad attorneys, who don’t prepare their clients well, nor monitor the strict timelines involved.

As a result, many foreigners don’t get good results as defendants in a lawsuit, or even plaintiffs for that matter.

To try to raise awareness a little, I’ve developed a list of common mistakes people make and information so that people know what to expect in civil litigation as well as know what their attorneys should be doing.  … Continue Reading ……………

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You can read the full article at: Big Mistakes People Make with Mexican Lawsuits and the Police

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

Read on, MacDuff.

July 15, 2013

Did anyone else out there notice where the Tea Partiers et al in the House have pushed through a new Agriculture Bill that eliminates “Food Stamps”.

They took their stand:  No more public money “wasted on feeding the poor“.   The Food Stamp program (officially known as the Supplemental Nutrition Assistance Program – SNAP), has been killed-off,  while these same Tea Partiers piled on yet more cash subsidies for big business (fraud-ridden) agriculture.

http://www.usatoday.com/story/news/politics/2013/07/11/house-passes-stripped-down-farm-bill/2510185/  and

http://www.washingtonpost.com/blogs/post-politics/wp/2013/07/11/house-republicans-drop-food-stamps-from-new-farm-bill/

The USA already has food poverty rates that are physically and permanently impairing at least 20% of an entire generation of American children.    Since 2010, 1 in 5 US children do not know where their next meal is coming from – and the Tea Party and Conservatives latest votes and latest choices and their latest “bold stances”,  aggravate an already out-of-control problem. …

The brain damage and epigenetic changes in these children’s DNA and RNA are not only permanent – but the genetic damage has been proven to continue down for 100 years or more through successive generations. … http://www.time.com/time/magazine/article/0,9171,1952313,00.html ,  http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2861525/  et al

Why did Tea Partiers and Conservatives create and pass this bill?

Ideology….

The Tea Party leaders and Republicans are voting to sacrifice the health and well being of generations of future Americans to try to prove their beliefs are superior….

beyond troubling,
steve

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Fortunately, the entire world has not entirely descended into the depths of Conservative and Tea Party Madness:
http://www.youtube.com/embed/nA3LtXnNIto?feature=player_embedded

(Thanks to Dave Saunders for the link to the excellent video.)

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

Read on, MacDuff.

July 5, 2013
There has been an interesting exchange of views, buried in the comments section of our Importing & Driving a Car in Mexico article,  that raises and tracks a number of ongoing issues that gringos face in Mexico.   These discussions seem to boil down to 5 basic issues:  (full article at:  Gringo Attitudes Regarding TIPs, INM Permits, and Mexico’s Laws – The Article )

–  Should we (foreigners) respect and follow Mexican Laws and rules?

–  Should we follow our own personal / individual sensibilities of what we  feel is right and wrong, when our beliefs conflict with the actions & beliefs of local Mexicans or local Mexican govt. officials or police?

– Are gringos entitled to create Burger-King-niches in Mexico?   … “Have it YOUR way.“

–  Are we guests here,  or do we instead somehow have all the rights that we imagine exist back in Canada or the USA ?

– Does it benefit Mexico and other foreigners to have a small-but-growing group of foreigners who intentionally are ignorant of … and ignore …. the laws and rules and ignore the direct instructions of police and govt. clerks, bureaucrats, and other officials? ( Just where do the “Disney-Land” view of Mexico – where Mexican rules “don’t apply to us / me” – “What happens in Mexico, stays in Mexico” attitudes … lead? )

– What kind of gringo community do you want to be associated with?
Do we want to be known as people who are respectful, using behavior and personal codes that humbly mesh with local, regional, and national rules and laws – or   Do we see ourselves as Patriots and Free Citizens,  free to do what we think is “right”.

The specific issues that triggered these dialogues were the supposed “rights”  of Permanent Residents to keep and freely operate their Temporarily Imported Permit (TIP)  vehicles in Mexico – along with our “rights” to have and legally assert Common Law (Concubinado) relationships in interactions with Mexican police and other Govt. officials…

Here are parts of our responses to the questioner:
“Note that Article 106 DOES NOT APPLY to your situation. TIP vehicle owners who have gotten Residente Permanente cards are NOT allowed to keep their TIP vehicles in Mexico, and Residente Permanentes can only legally operate their TIP vehicles when they have a valid 5 day Retorno Seguro permit from Hacienda, to take the vehicle out of Mexico. This official final ruling came down in late February from Aduana Mexico City, and it has been supported 100% in every challenge since them.”   .    .    .    .

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You can read the full article at:  Gringo Attitudes Regarding TIPs, INM Permits, and Mexico’s Laws – The Article

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

Read on, MacDuff.

June 3, 2013
For CURRENT details, see our master article on taxes at: IRS Tax Issues for Americans Living and Working Abroad in Mexico – Master Article

http://content.govdelivery.com/accounts/USIRS/bulletins/7e36fd

New Developments in International Taxation: Possible Fideicomiso Exemptions
This IRS FINAL RULING that Mexican Land Trust (MLT) Fideicomisos now NO LONGER need to file at foreign trusts (3520/3520A) works as long as your Fideicomiso specifies that your real estate trust (fideicomiso) holds just one property and only allows (the bank) just ONE activity: “holding title to the property” to maintain the exempt Mexican Land Trust status. Mexican Land Trust Not Considered a Foreign Trust (Rev. Rule 2013 – 14) (PDF)

“[An] MLT [Mexican Land Trust, or fideicomiso] is not a trust within the meaning of § 301.7701-4(a). [However] If, under the MLT agreement, B [“B” in the holding refers to your bank] holds legal title to any assets other than Greenacre or is permitted or required [by the terms of the fideicomiso] to engage in any activity beyond holding legal title to Greenacre, the holding of this revenue ruling does not apply… ”

So, the Fideicomiso must hold only one asset (one property), but it does allow renting.

IRS Bulletin No. 2013-26, June 24, 2013, has the IRS’s detailed set of analyses and detailed descriptions of Rev. Rul. 2013-14. http://www.irs.gov/pub/irs-irbs/irb13-26.pdf

In “Situation 1” on p 1267 the IRS clearly describes the exempt type of Mexican Land Trusts (fideicomisos) and on page 1268, the IRS describes under “Situation 1”:
“X (the American taxpayer) retains the right to manage and control Greenacre. X has the right to collect any rent on Greenacre. In addition, X has the obligation to pay directly any taxes and other liabilities due with respect to Greenacre. Accordingly, because X is treated as a disregarded entity under § 301.7701–2, A is treated as the owner of Greenacre. ”

This one IRS publication clearly identifies an American taxpayer who has a fideicomiso as an exempt Mexican Land Trust, is not a foreign trust for tax purposes, and does not have to file the 3520/3520A forms – and DOES have the right to collect rents.

Good News for lots of folks.    I’m traveling now, and will update the tax articles after travel to reflect this change…

The travel takes me to an area with no internet service, so we will not be approving new posts for the next 10 days…

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

Read on, MacDuff.

June 3, 2013
While trolling the internet expat webboards around Mexico to see just what is occupying gringo’s minds, an interesting thread on Chapala.com popped up.

For those who don’t know Chapala, Axixic, etc are in a beautiful location, with great weather, and are likely the largest gringo-haven in all of Mexico. This area has the what have been the 2 most active Mexican-gringo forums, with insidelakeside.com being the slightly more rough-and-tumble version (including “The Octagon” for cage fighting) and Chapala.com being more staid and very heavily moderated. Both forums have their old-hand reliable posters, like Spencer “Intercasa”, who consistently give advice that fits both the legal aspects of working with Aduana and INM while consistently staying well grounded in the realities of how things actually work, and their share of insightful posters, plus the usual mix of the grumpy, the right-wingers, the left-wingers, back-benchers, folks frustrated that we-sold-everything-and-moved-to-Mexico-and-now-we’re-not-getting-what-we-were-promised, personal-feuders, the bored-with-the-rest-of-life-so-I-spend-a-lot-of-time-on-the-internet, trouble-makers, Cliff Clavin know-it-alls, and a few very insightful commentators who lay-in-the-weeds waiting for some tasty bit to float by.

Chapala.com’s latest hot topic is “mexico 10th happiest country in the world” at http://www.chapala.com/wwwboard/webboard.html. (Referencing the USA Today article: “USA not one of 10 happiest countries in world.)

The first 2 pages of posts contain the standard: ” Mexicans are… ”
where gringos openly muse about their own personal (aka narrow) versions of who Mexicans are and why. Their replies include the old standards: Mexicans are very family oriented, etc. plus a some revealing answers that expose what many gringos actually think:
“I’m as happy as I want to be. “

“I could be happier, so send lots of money and we will test the theory and report back on the results. 😀”

“…maybe lack of education plays a part (in making Mexicans happy), as it doesn’t take a lot to please a 5th or 6th grader. Hard to find much on Mexican TV that is intellectual and thought provoking and not geared toward sex. 😀 ”

“… maybe it’s the sex on the tv that is keeping them both in the top 14!   :blink: ”

…

“Think back, waaay back to when we were teenagers, adolescent young and full of “stuff” & vinegar, weren’t we happy? – of course we were, we had, or took, little responsibility, life was a party, let’s get wild and crazy – remember all that? Well friends and neighbors, look around you, you are living in the middle of a country whose culture is completely adolescent – in short, we’re living in a country full of adolescent teenagers, run by teenagers. They don’t think things through, they take little, if any, responsibility and they’re not trying to set the world on fire, just a little hot spot under a globas. ”

Huh….? Continue reading here…

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Read the full Article at: Happiest Nations: Mexico is in the top 10 …
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read on, MacDuff.

Aug 9, 2015 Update
While prior Aduana administrative policy was to deny Temporary Import Permits (TIPs) to Residente Temporals with permission to work, Aduana has changed its policy in the meantime to now allow issuing TIPs to working Residente Temporales (RTs)… with some restrictions. According to the Mexican Consulate in Denver: The RT can only apply for the TIP at the border, not online.

May 31, 2013 Previous Aduana Policies
In the evolving story of how Aduana/Banjercito were adjusting their official policies on temporarily imported foreign-plated cars (TIP vehicles) to accommodate the Nov.8 2012 INM changes, the central Aduana office for TIPs in DF (May 2013) started rejecting TIP extensions for WORKING Residente Temporal card holders.

Aduana DF ruled (both in writing and on phone calls) that Residente Temporal Lucrativa permit holders are equivalent to the old FM2 Inmigrante Lucrativa , and hence are not allowed to keep their TIP cars. When expats get their Resident Temporal card with permission to work, their TIP vehicle ( Permiso de Importación Temporal de Vehiculo ) becomes immediately illegal and must be taken out of Mexico.

Residente Temporal Lucrativa permit holders with TIP vehicles must either permanently import their vehicles, or take them out of Mexico. ( See Retorno Seguro for a free 5 day permit to legally drive your car out of Mexico at:  What to Do If Your Car Becomes “Illegal” – The Retorno Seguro Program / Permit.

NOTE: AS OF 2015 THIS POLICY HAS BEEN REVERSED TO ALLOW WORKING RTs TO HAVE TIP VEHICLES.

For other options, also check out:  Options for Foreign-Plated “TIP” Car Owners in Mexico, esp for Permanent Residents

Note that if the police find a TIP car being driven with an expired TIP (e.g. when you have an accident), they can confiscate the car permanently.     Also note that some insurance companies use the excuse of having an invalid/expired TIP as justification to deny payment on accident claims.  In the case of severe accidents, denying coverage can leave the car owner on the hook for $3 million to $5 million pesos of liability per death from an accident, regardless of who is driving the car…
steve

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

Read on, MacDuff.