Surviving Yucatan

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

==========================================
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.

May 30, 2013
A reader has reported some unfortunate personal experiences with trying to surrender their TIP at the border and also problems that arose from driving out of Mexico and not officially “checking out” with INM.

First Issue: The reader had lost the original paper copy of their TIP, which triggers a 3 – 5 hour effort with Aduana an Banjercito to get the TIP canceled at the border. Since the TIP was lost (even though the sticker was in place), Banjercito has to search their database for the TIP using the applicant’s passport number and name (as shown on the passport). Her current experience confirms that our passports and our names (not the Vehicle VIN) are what Aduana and Banjercito search for when checking our TIPs **. This process is described in our article: Updates to Aduana, INM & Banjercito Procedures for Visas and Importing Cars .

Second Issue: The reader had a trailer “attached” to the original TIP (imported with the vehicle), and they did not bring the trailer along. Unfortunately, when the Aduana and Banjercito searches of her TIP records revealed that a trailer was attached to her TIP, Aduana told her that she could never cancel/surrender the TIP without having the trailer present. This means that the trip to the border was for naught.

It also means she can never get another TIP in her name.

**It also means that if she has to make any future application with a Mexican Consulate ~ like for Permanent Residency or Temporary Residency ~ the Consulate may check their databases, and if they spot the uncancelled TIP, the Consulate then rejects the Residente Temporal or Residente Permanente application due to the uncancelled TIP….

**The Consulates, Aduana, and INM can be resolute in insisting that we follow the rules, and they can deny future benefits based on past non-compliance – like having old TIPs lingering on our personal records in the Mexican Gob. databases.

Third Issue: The reader also found that because she drove out of Mexico, without registering her exit with INM, she inadvertantly faced a 60 day expiration date on her INM permission-letter to travel out of Mexico while having a Residency Permit application in process. Normally, we get 180 days outside of Mexico when using the INM permission-to-travel letter, but there is also a 60 day clock running to officially LEAVE Mexico within 60 days of the letter’s issue date. Because she drove out of Mexico without registering her exit with INM, she is now forced to return to her INM office within 60 days of the letter’s issue date. … (She lost the 180 day grace period by not “checking-out”).

Hope that this good reader’s experiences can be future helps to others.

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

Read-on MacDuff . . .

May 23, 2013

Did the Aduana de Progreso officials really tell the gringos: Residente Temporal permit holders supposedly cannot keep or drive their previously-legal Temporary Import Permit (TIP) cars in Mexico?

Is the Merry-Go-Round of Misinformation spinning again… ?

(making more than a few of us nauseous)

A kind Yucalandia reader wrote in to say:
Americans were told today by Customs officials at a meeting with the American Consulate in Progreso, Yucatan that the Mexican Government has decided that neither Temporary or Permanent Visa holders can own or drive foreign plated vehicles… They are now illegal and will be impounded immediately.

Are the other Yucalandia readers who were at the meeting who can confirm what Aduana de Progreso officials said?

Old hands to this discussion know that the folks at Aduana de Progreso have consistently been completely wrong in their understandings of actual official Aduana policies on TIP cars for over 6 months.

I was not at the Gringo-Aduana Progreso meeting, so, I have no idea what was said, but I just spent 30 minutes on the phone with the central Aduana office in DF in charge of Temporary Import Permits for vehicles, and another 30 minutes with Aduana’s bosses at SAT, also in charge of TIPs for vehicles, to confirm current REAL Aduana policies.

Both clearly said that WHEN A FOREIGNER HAS A RESIDENTE TEMPORAL (RENTISTA – NON WORKING), THEY ARE ALLOWED TO DRIVE THEIR FOREIGN PLATED CAR.
Residente Permanentes must either permanently import their cars or take them out of Mexico (see Retorno Seguro program).

Both SAT-DF and Aduana-DF said that the Aduana Progreso officials were wrong – giving “erroneous advice“, if they told the gringos that Residente Temporal gringos cannot extend the expiration dates on their legal temporarily imported cars. Wrong, wrong, wrong.

If Aduana de Progreso actually refuses to accept a non-working Residente Temporal’s application to extend/renew the expiration date of their TIP, then write a letter to Aduana DF, explaining that you want to extend your Permiso de Importación Temporal de Vehiculo for another year, to match your upcoming / impending Residente Temporal. You must apply to extend the TIP expiration date before your TIP expiration date, using your INM proof of payment (Garantía de Pago) document (from the bank) for your INM Residente Temporal.

Address:
Administración Central de Operación Aduanera
Avenida Hidalgo No.77, Modulo 4, Primero Piso
Col. Guererro Delegación Cuauhtémoc, CP 06300 Mexico DF

Include copies of:
~ your passport,
~ the TIP,
~ your previous INM permit with the foto
with your letter describing your name, make, model, year, and VIN of the vehicle, TIP number, and describing your latest change in INM status to Residente Temporal. Include your address and your email address.
Happy Trails,
steve

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

Read-on MacDuff . . .

May 12, 2013
In the latest round of pitfalls facing people who nationalize their foreign plated TIP cars, there are reports out of Chapala that some lawyers and brokers are issuing fake pediments and giving out plates that are off stolen cars. Lic. Spencer McMullin reports that this becomes a big headache for the driver if you are pulled over, and the police find you are driving a car that shows up as being stolen. Police take car theft seriously, and he points out that they may approach the driver with guns drawn…  http://www.chapala.com/webboard/index.php?showtopic=43893#entry339164

If you suspect there might be a problems with your plates, you can check them at this Mexican Federal Govt. website:
http://www2.repuve.gob.mx:8080/ciudadania/servletconsulta

You enter your Plate Number, VIN, or Folio ID.

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

Read-on MacDuff . . .

May 3, 2013
Here’s a fun new post from the Chapala.com webforums:

Since everyone has been talking about going to the border, here is how you do it at GDL airport………

1. Go to customs air freight terminal.  It is up around the hotel.  Ask anyone.
2. Find the entrance gate
3. Tell the guard that you want to nationalize a car.  He will point you to a broker.  He will want you to leave ID and give you a badge.
4.  There are a bunch of brokers offices, take the guards recommendation.

You will need:
– 5 pictures of the car, front, back, left, right, and of the VIN #.  I think either the one on the door or on the dash will work.  Take both.
– The original title and 2 copies
– Proof of residence and 2 copies (utility bills)
– 2 Copy of visa or MX drivers license

You have to fill out a form on the car.  Year, number cylinders, engine size, # lug nuts on the wheels, manual/automatic, diesel/gasoline. 2 wheel or 4 wheel drive.

Price is:
2000 older  23,500
01-04         25,500
05-07         28,500
Before 05   $35,000 (I think this is right) (???**)

This is just to get it nationalized, not plates.  Plates come from somewhere else.
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Looks like its time to make a run out to Merida’s airport…. Any experiences from Cancun’s Airport Aduana office?     **I suspect that the $35,000 pesos quoted for 1 to 4 year old cars is not correct.
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read-on MacDuff . . .

May 2, 2013 from Mexconnect:
“For the first time ever, we (I was driving) were pulled over by of all things a Federale   and asked to justify our expired TIP.   It was outside of Customs near the Puerto Vallarta airport at about 7:30 pm(Monday, Feb. 24th)

First he asked me if I spoke Spanish, and I said yes. He then asked for my driver´s licence which is Canadian. He then asked me if I had a Mexican driver´s license. I said “no” and he winced. I then told him I didn´t need one since mine was current. (According to Article 38 of the Jalisco traffic laws, all you need is a current driver´s licence from anywhere).

He then asked us about the expired TIP (car permit) sticker on our window. I then pulled out my never-before-needed copy of the Ley Aduanera, which, includes Article 106, explaining we can legally use our cars. He then said a remarkable thing (I´m paraphrasing and also, obviously, translating).

“This is Aduana´s law. I´m Federale.     Aduana´s law has nothing to do with us.  

We are told to take anyone to Aduana with an expired TIP and then they will give a very large multa”

I then said very politely, something like “No. Bajo protesta de decir verdad, este vehiculo es legal. Es muy probable que este ley vaya a cambiar, pero ya no ha cambiado, (Basically, “I swear, this vehicle is legal. It´s very probable this law is going to change, but now, it hasn´t changed).

He then said something to the effect that he didn´t want to impound the vehicle this particular evening and I could go. I then said “Que le vaya bien” and he said “Igualmente”

What I´m doing is printing out a new copy of the law where right there on the first page, it says a big red “Vigente” and that the last revision was April 2012.    Here´s the link.

http://www.diputados…blio/pdf/12.pdf”
~    ~    ~    ~    ~    ~    ~

Looks like there are Federales who are being tasked with finding gringos with Residente Permanentes who are driving foreign plated TIP cars, and these police are not feeling very charitable.

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

Read-on MacDuff . . .

APRIL 30, 2013
From across Mexico, there have been reliable but curious reports this past week about Aduana offices telling expats who have foreign-plated cars that they should take the car out of Mexico… through the same Aduana port-of-entry where they entered.

This requirement seemed peculiar to us, unless there is a disconnect between Aduana’s various records keeping systems, like local vs. national systems.    Suspecting this, we drilled into the various Aduana systems, using a mole who made a quick turn-around trip out through Matamoros to Houston and then returned back into Mexico a day later through Matamoros.     This mole was particularly well suited to sleuthing out how the various Aduana systems work, because:
~ He originally entered Mexico before the new June 2010 computerized Aduana system was put into place,

~ He got his original TIP from Matamoros,

~ He recently officially cancelled his TIP at the Aduana de Progreso office,

~ He then recently permanently imported that vehicle at the Progreso Aduana office,

~ He also had the vehicle registered and plated with Yucatan license plates, and

~ He exited Mexico from Matamoros, and returned through the Matamoros Aduana & Immigration offices.

Why tell all of this?    At the 25 km point in Tamaulipas, he was stopped, and accused of having a “chocolate”, based on Aduana scanning in his VIN – even though he has Yucatan plates.     Lawyer Spencer McMullin of Chapala reports that there are many brokers are taking $$ from desperate gringos with expired/expiring TIPs and Residente Permanentes, issuing falsely-obtained illegitimate license plates, with NO official pedimento from Aduana to prove the permanent import.    Because of the fake importations and falsely-obtained plates, Aduana and police officers are now on the look-out for gringos driving suspicious cars.

Guess what…    The friend did not think to carry a copy of his pedimento with him => “Go to Jail, Go Directly to Jail, Do not Cross GO, Do not Collect $200…” … was crossing his mind…

Fortunately, it was a slow day at the 25 km Tamaulipas Aduana checkpoint – and the Aduana Supervisor called Aduana de Progreso,   using the suspect VIN number.   Aduana de Progreso VERBALLY confirmed that they had issued a pedimento for the vehicle, and that they had cancelled out the old TIP several weeks earlier.   Results?  The satisfied supervisor came out and told the friend to go on his way – that everything is fine.

For readers who are not astute at connecting the dots:
~ NONE of this friend’s Progreso Aduana information for the TIP cancellation is currently in the Aduana data base, (yet)
~ none of the permanent vehicle importation information is in Aduana’s national pedimento database (yet),
~ nor is it in the Aduana-Matamoros local TIP/VIN database, (yet)
~ nor is it in the Aduana national TIP data base, (yet)
~ nor is it in Aduana Matamoros paper TIP/VIN data system  (yet)….

Which all combine to explain why people with older TIPS, especially those issued before June 2010, may be best served if they exit Mexico, cancelling their vehicle TIP, at the same Aduana port of entry where they got the original TIP – especially if they are planning to drive out of Mexico, and re-enter before Aduana’s fairly slow systems get updated to show the vehicle’s actual status.

It also says that people with permanently imported cars should carry a copy of their pedimento with them,   as  the police and Aduana start to ratchet up their efforts to find and confiscate “chocolates” ( cars in Mexico illegally with either fake license plates, expired TIPS, or being driven by Residente Permanente owners).

If you have permanently imported your car, and want to check if Aduana has officially logged your VIN & pedimento into their database,   check this Aduana website:  http://www.aduanas.sat.gob.mx/soianet/oia_consultarap_cep.aspx CONSULTA RÁPIDA DE PEDIMENTO ESPECÍFICO

Finally, the Matamoros Aduana Supervisor advised that drivers NOT carry the original pedimento in the car, because if the vehicle is stolen, the car can be easily sold using the original pedimento – while a copy is sufficient to prove a proper permanent import but cannot be used to sell the vehicle.

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

APRIL 24, 2013
The Camara de Diputados has passed changes to Article 27 of the Mexican Constitution affecting fideicomisos, but only parts of the text have been released.

This Constitutional amendment still needs approval from the Senate and a majority of the country’s 32 state legislatures to become law. Summaries of the the law are saying that foreign ownership of land in the 50 km zone for “commercial purposes” is prohibited. … No renting-out your place without a corporation or fideicomiso designed specifically for rentals(?):

One quoted section identifies 4 key points:
“Que el uso de las tierras sea destinado para vivienda única y exclusivamente. Que el uso de las tierras no tenga uso comercial, industrial, agrícola o cualquier otro que implique explotación económica directa o indirecta que derive de un uso a la vivienda o casa habitación. El extranjero deberá convenir con la Secretaría de Relaciones Exteriores, en los términos de la fracción primera, párrafo noveno, del artículo 27 constitucional. En caso de que las tierras sean destinadas a un uso distinto al de vivienda, la ley establecerá los procedimientos para que el extranjero pierda los bienes adquiridos en beneficio de la nación.”

~ These lands are intended exclusively and only for (private) housing.

~ These lands are not to be used for commercial, industrial, agricultural or any usage that directly or indirectly economically exploits these lands, as they are being used for living and (private) housing.

~ The foreign owner must agree(?) with the Ministry of Foreign Affairs, under the terms of the First Part (fracción), Ninth paragraph of Article 27 of the Constitution.

~ In the case where the lands are intended for uses other than housing, the law shall establish procedures such that the foreigner loses their previously acquired benefits (loses rights the property?) to benefit the nation of Mexico. ”

These translations seem to prohibit foreigners from buying properties and renting them, within 50 km of the coasts and land borders. The text seems pretty clear that these properties are to be used only for private housing. (?)

Still looking for a copy of the actual text of the bill,
steve

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

APRIL 24, 2013

A helpful and very reliable reader (Lic. Spencer McMullen of Chapala Law) offered the news that their firm has received the first written notice from Aduana DF ruling that Residente Permanentes are not allowed to have or operate TIP vehicles (Temporary Import Permit – (Permiso de Importacion Temporal de vehiculos).**

This has been the official Aduana policy, as we reported in late February 2013.    We appreciate having written confirmation of the previously oral-only official policy.

Lic. Spencer Richard McMullen (a respected attorney in Chapala) is now advising that Residente Permanentes not drive their TIP vehicles.

As always, Residente Permanentes can get Retorno Seguro permits to drive their vehicles out of Mexico:  Safe Returns / Retorno Seguro Permits for Taking TIP Cars to the Border

**See Lic. McMullen’s Comments on Change in Progreso-Aduana Policy ~ Now Approving Residente Temporal TIP Extensions and http://www.chapalalaw.com/SAT%20Permanente.pdf

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

APRIL 23, 2013

Good News for Residente Temporal-es with Temporarily Import Permit (TIP) foreign-plated vehicles:   Aduana de Progreso now has a procedure in place to extend the expiration dates of the TIP to match your shiny new Residente Temporal cards!  (as long as you do not have permission to work in Mexico)

A good reader offers the following report:

Hello.. We have just completed the re-approval process for the TIP in Progreso and it has changed from last year. We entered the country on September 23rd, 2011. Last year, with renewed FMs we went to Aduana Progreso to renew our vehicle permit. We used the letter Steve so graciously provided indicating, in Spanish, that we were seeking permission to extend our TIP. As Steve advised, we attached all the requisite copies: Two separate packages including the letter, copy of my husband’s passport as he is the registered owner, copy of his new FM3 and,of course, a copy of our CFE bill. One trip out to have both copies reviewed and stamped, leaving one with Aduana officials. Two days later, trip back out to retrieve the package which now also included a letter from SAT indicating our TIP had been extended for one year. DONE

This year we did the same except that we had to include a mailing address on the letter as Mexico City now decides and will send the answer by mail in 3 weeks. So to save readers an extra trip, I thought I should let you know to include either your mailing address if you have a mail box plus the address of the postal station, or a mailing address for whoever in your life has mail delivery. Remember, if you use a post office box address you must also include the address of the Post Office.

For example, we have a mail box in Progreso so we included the information as follows: Calle XX, No. XXX por XX y XX, Col. Centro, Correos de Mexico, Apartado Postal #38, CP 97320, Progreso, Yucatan, Mexico.
Hope this is helpful. ”

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© Steven M. Fry

APRIL 21, 2013   Por Esto (not our favorite news source) offers some interesting updates on the Mexican Legislature’s actions on Fideicomisos: http://www.poresto.net/ver_nota.php?zona=qroo&idSeccion=15&idTitulo=237601 version off an El Universal report.

Google Translate Version:
“Beaches to the highest bidder

Foreigners can buy land on the beach, of an amendment to Article 27 of the Constitution to be voted on Tuesday in San Lazaro / Since its enactment in 1917, the Constitution prohibits foreigners to purchase property in a stretch of 50 kilometers on the coast

MEXICO CITY, April 20 (UNIVERSAL). – In a direct way, foreigners may own land on beaches housing exclusively for non-commercial purposes from a reform of Article 27 of the Constitution to be voted in San Lazaro this Tuesdays.
Since its enactment in 1917, the Constitution prohibits foreigners to purchase property in a stretch of 50 kilometers on the coast, and yet they have the soil domain through trusts.
The chairman of the Commission on Constitutional Chamber of Deputies, Julio Cesar Moreno, said that this change will end a practice of simulation.
Once you approve the reform will be fulfilled a brand of change to Article 27 of the Constitution, within 20 days from the filing of the initiative.
The change initiative is the Institutional Revolutionary Party (PRI) and the National Action Party (PAN), by Gloria Elizabeth Sanchez Nunez, Manlio Fabio Beltrones and Raul Paz Alonso, who argue that in practice foreigners are owners of land on the beach but not his name, but prestanombres or trusts.
The opinion notes that “foreigners do not affect in any way the sovereignty, territory and the legal rights that protect the state.”
The opinion recognizes, with the proponents, the aim of the initiative is to “eliminate the middleman: the houses realtors or builders listed as owners of the land, but sold the building to foreigners”.
This will “neutralize foreign restriction of not being able to own land, since legally abroad only owns the building” when in practice, it is also mourning the land.”

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© Steven M. Fry

Read on, MacDuff.

While reading the expat forums from around Mexico last week, I came across this item unanswered set of questions on Yolisto:

“Need Immigration Lawyer:  
I contacted (Lawyer) Rodrigo and here is the responses I got from him.

A permenat visa is a one time process.  Which means that once you get this visa you do not need to do anything else ever again.

The Mexican goverment grants this visa in terms of income.  In order to get this you have to demonstrate at lease 3000 USD monthly deposits in your american bank account for the last 12 months. Or a 130,000 UDA investment assets of funds for 12 months.  Or a mexican home worth at least 130,000 in the offical accounting books value.

If you get a permanent visa you will subjected to import a car only permanently.  You can only import permently cars WITHOUT payiny tarrifs if they ar 8 or 9 years old, they pass a border environmental control and they were manufactured in US or Canada.  You can always permanently import any vehicle PAYING tarrifs.

If you permanently import a car as long as you pay the tarriffs you can import as may cars and motorcycles as you want.

Does this sound like anything we are being told?

Hope he is right.”

Continue reading here …

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Further details on these issues can be found at:  Common Immigration Questions … and Answers by a Popular Mexican Lawyer   and  New Rules and Procedures for Immigration, Visiting, and Staying in Mexico
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Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read on, MacDuff.

APRIL 17, 2013 UPDATE: It looks like the TioCorp offer to import TIP cars may be in deep trouble.    TioCorp has not been answering emails for weeks since an April 2, 2014 new Mexican law may have legally closed the previous amparo loophole:  DOF: DECRETO por el que se expide la Ley de Amparo   and “Under new rules, concessionaires in industries including telecoms, mining and public transport (and others) will not be allowed to launch (amparos).” http://www.economist.com/…-implementation-well

Based on TioCorp’s consistent disclaimers on their offer sheets, refunds are in doubt for gringos who sent 50% $$ deposits in up-front money, and the validity of TioCorp’s past imports remains in doubt.  Remember the TioCorp disclaimer we highlighted in our first reports on them:

“… We (TioCorp) act as a sales agent only and cannot guarantee the legality of your vehicle once processed.”

TioCorp also now starts off the Import a Car section with this new troubling statement:

” Disclaimer: The information contained in this section may contain errors due to changes in legislation or policy since the information was compiled. Readers are advised to read insurance policy contracts and seek legal opinions concerning Mexico customs legislation and other laws in the applicable jurisdictions. “

Here is what Tiocorp is emailing folks who are asking for answers or sent them $$$:

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From: TioCorp Insurance – Importing Vehicles <vehicle-importing@tiocorpinc.com>
Date: Wed, Apr 17, 2013 at 11:31 AM
Subject: Importation Update
To: TioCorp Insurance – Importing Vehicles <vehicle-importing@tiocorpinc.com>

Hello everyone…just a quick note for those asking for updates.

There has been some rumours that the Amparo for “J” and some other vehicles may have been closed, but we have not been able to have the Import Agent confirm that definitively.    Two of our clients reported yesterday that they had been told by another agent that the Amparo remains open and 100’s of “J” vehicles are coming in.   We have asked your Import Agent for confirmation but have not received clarification.   We are unsure. Until we do, we have changed our website to reflect that possibility.

For everyone who have submitted deposits, your deposits have been transferred to the Import Agent and we are told your vehicle is in cue.    We are trying to get an update on status of Pedimentos but have lost communication with the Agent.    This has happened before when he was out of touch due to any number of reasons, once for more than 10 days apparently due to volume of work at his end.

If you are one of the many people waiting for a quote for your vehicle, RV, motorcycle, trailer or other item, we too are waiting for the quote from the Import Agent.    We will get back to you as soon as we receive a response.

We realize the wait is frustrating.     For those who have asked for contact information for the Import Agent,    the Agent is Mr. Andres Gonzalez and their site is http://www.gestoria-vehicular-de-occidente.com. You can Google “gestoria-vehicular-de-occidente” to read more.

In the meantime, we continue to pressure for processing of Pedimentos and quicker quotes.    Due to the volume of emails and pending quotes, we will send out updates to keep you informed.
Importing Vehicles into Mexico
TioCorp Insurance
Mexico +52 (376) 766-3978
Fax +52 (376) 766-3974
USA & Canada (toll free) 1-888-712-7023
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© Steven M. Fry

Read on, MacDuff.

Public Service Announcement from Mazatlan 4/9/2013

Three (3) Temporary Import Permit (TIP) cars owned by Residente Permanentes are reported to be confiscated by the police in Mazatlan. We here at Yucalandia follow reports from numerous expat web forums from around Mexico, and the following is a credible report from Mexconnect of TIP cars being confiscated for driving without a valid importation permit:

“Here in Mazatlán there were three foreign-plated cars belonging to gringos who had just recently received their Residente Permanente status that were confiscated. The 6 days (Aduana de Mazatlan gives Residente Permanentes) to remove the cars from México or nationalize them had passed. It is rumored that the Federales said if the people with the new status are headed north toward the border to remove or nationalize the cars, fine, no problem. But if they head south, they are fair game.

Two of the cars confiscated were in Villa Unión which is just beyond the cutoff for Mazatlán´s airport (there is a popular seafood restaurant there) and one was at the airport….both locations south of Mazatlán. Supposedly, the US Consular agent was stopped at the airport, but he showed his diplomatic immunity papers and his car was not confiscated. Scary!
Tom Whitmore ”
April 4, 2013 Mexconnect http://www.mexconnect.com/cgi-bin/forums/gforum.cgi?post=188845;sb=post_latest_reply;so=ASC;forum_view=forum_view_collapsed;page=last;#last

Before this report, we have read only 2 other isolated reports of confiscations of TIP vehicles owned by Residente Permanentes. So far, the reports of confiscations are isolated to the Mazatlan area, but there is no assurance that other Aduana offices and police will not start confiscating Residente Permanente’s TIP cars in other parts of Mexico.

The current Aduana Operations Manual for TIP vehicles has rules that say: TIP cars must be returned to the border when the foreigner no longer has a valid Inmigrante (FM2) or No Inmigrante (FM3) INM permit. Under the published laws, the only clear legal option for Residente Permanentes with TIPs, is to get a Safe Returns permit from SAT/Hacienda and legally drive their car out of Mexico: What to Do If Your Car Becomes “Illegal” – The Retorno Seguro Program / Permit:.

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Further details on these issues can be found at: Importing & Driving a Car in Mexico and Options for Foreign-Plated “TIP” Car Owners in Mexico, esp for Permanent Residents
Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read-on MacDuff . . .