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New Immigration Rules
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9393
Location: Mexico City

PostPosted: Mon Oct 01, 2012 1:00 pm    Post subject: Reply with quote

Phil_K wrote:
Apology accepted Wink

As far as I know, the requirement is not "proof that you have paid taxes", but that you have declared you taxes, whether there was income or not.


You are imigrado now are you not?

I would assume that for someone with a regular FM3, some questions would be raised by migra if one were to submit a tax return with zero income on it...maybe not the first time, but certainly for the second?

The first question being 'well, how do you support yourself?'

Quote:
Maybe the fact that you have a Mexican wife lets you break the rules with impunity.


While it doesn't apply here, there's also the possibility of having a spouse sponsored visa, for which there are tax advantages to the person sponsoring.
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Phil_K



Joined: 25 Jan 2007
Posts: 1818
Location: A World of my Own

PostPosted: Mon Oct 01, 2012 3:00 pm    Post subject: Reply with quote

Quote:
You are imigrado now are you not?


Not yet, but I have to do it pretty soon, that's why I need to explore the options. I guess rentista is another one.
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BadBeagleBad



Joined: 23 Aug 2010
Posts: 824

PostPosted: Mon Oct 01, 2012 3:22 pm    Post subject: Reply with quote

Isla Guapa wrote:
Dragonlady wrote:
Isla Guapa wrote:
... Maybe the fact that you have a Mexican wife lets you break the rules with impunity.

Phil_K wrote:
...[I] Don't pay taxes in Mexico, because my income comes from a Barbados registered company...

Isla kindly expand on what rules Phil_K is breaking.

DL


The rule that says you need to show proof you have recently paid taxes on your Mexican income when you go in to renew your visa.


But he doesn´t have any Mexican income. I think the rules are different for FM3 holders and FM2 holders, and if you are married to a Mexican it is even easier. I have a neighbor whose husband is Spanish, he works in the family business, but just to make things easier the salary has always gone to her, and they say she works and he keeps house, and that has always worked.
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Isla Guapa



Joined: 19 Apr 2010
Posts: 1520
Location: Mexico City o sea La Gran Manzana Mexicana

PostPosted: Mon Oct 01, 2012 3:26 pm    Post subject: Reply with quote

Hmm, if I wanted to make my life a little easier, maybe I should find me a Mexican husband, or would that just make my life more complicated? Wink
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Isla Guapa



Joined: 19 Apr 2010
Posts: 1520
Location: Mexico City o sea La Gran Manzana Mexicana

PostPosted: Mon Oct 01, 2012 3:32 pm    Post subject: Reply with quote

BadBeagleBad wrote:
Isla Guapa wrote:
Dragonlady wrote:
Isla Guapa wrote:
... Maybe the fact that you have a Mexican wife lets you break the rules with impunity.

Phil_K wrote:
...[I] Don't pay taxes in Mexico, because my income comes from a Barbados registered company...

Isla kindly expand on what rules Phil_K is breaking.

DL


The rule that says you need to show proof you have recently paid taxes on your Mexican income when you go in to renew your visa.


But he doesn´t have any Mexican income. ...


But if someone doesn't have Mexican income, then they don't have to show proof of having paid taxes and are on a different kind of visa, I believe.
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Phil_K



Joined: 25 Jan 2007
Posts: 1818
Location: A World of my Own

PostPosted: Mon Oct 01, 2012 3:39 pm    Post subject: Reply with quote

Isla Guapa wrote:
Hmm, if I wanted to make my life a little easier, maybe I should find me a Mexican husband, or would that just make my life more complicated? Wink


Oh, definitely! Very Happy
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9393
Location: Mexico City

PostPosted: Mon Oct 01, 2012 4:07 pm    Post subject: Reply with quote

Quote:
I think the rules are different for FM3 holders and FM2 holders, and if you are married to a Mexican it is even easier. I have a neighbor whose husband is Spanish, he works in the family business, but just to make things easier the salary has always gone to her, and they say she works and he keeps house, and that has always worked.


As far as I know, the difference is in whether your visa is lucrativa or no lucrativa, regardless of being FM3 or 2. Rentista requires you show a source of income from outside Mexico if things haven't changed.

If your neighbour claims her husband as a dependent, then she can get a reduced tax burden.
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Isla Guapa



Joined: 19 Apr 2010
Posts: 1520
Location: Mexico City o sea La Gran Manzana Mexicana

PostPosted: Mon Oct 01, 2012 6:31 pm    Post subject: Reply with quote

Guy Courchesne wrote:
Quote:
I think the rules are different for FM3 holders and FM2 holders, and if you are married to a Mexican it is even easier. I have a neighbor whose husband is Spanish, he works in the family business, but just to make things easier the salary has always gone to her, and they say she works and he keeps house, and that has always worked.


As far as I know, the difference is in whether your visa is lucrativa or no lucrativa, regardless of being FM3 or 2. Rentista requires you show a source of income from outside Mexico if things haven't changed.

If your neighbour claims her husband as a dependent, then she can get a reduced tax burden.


And within the lucrativa category, you have have your visa tied to a particular job or you can work de manera independiente. In the second case, you are required to file monthly tax returns, whether or not you have earnings to report.
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Dragonlady



Joined: 10 May 2004
Posts: 716
Location: Chillinfernow, Canada

PostPosted: Mon Oct 01, 2012 6:33 pm    Post subject: Reply with quote

Guy Courchesne wrote:
... If your neighbour claims her husband as a dependent, then she can get a reduced tax burden.

And if the neighbour claims her husband as a burden...?

DL
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etoile



Joined: 01 Sep 2007
Posts: 34
Location: Mexico City

PostPosted: Thu Oct 04, 2012 1:47 am    Post subject: Reply with quote

I'm worried about taxes and immigration because I have no idea if what i'm doing is right.

I started a job 3 weeks ago, in the interview they explained that I would be employed on a kind of freelance basis, I think it was called sueldos asimilables. I asked if that meant I had to use recibos de honorarios, I was told that that was very complicated and their way was easier and I pay 7% tax which seemed pretty good.

Then last week we had a staff meeting (not with the person who interviewed me) and it turns out sueldos asimilables is a new system they are using this month. The staff were advised that the school would not be declaring tax for us and if we wanted to pay tax we would have to do it ourselves.

I spoke to the school director and asked if this meant that I should be using recibos de honorarios, because when it comes time to renew my visa I need to show that I've paid tax. He said not to worry about it now and that the school can give me papers to show immigration when the time comes to renew.

So at the moment I haven't a clue where I stand......or what I should do?
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MotherF



Joined: 07 Jun 2010
Posts: 1101
Location: 17°48'N 97°46'W

PostPosted: Thu Oct 04, 2012 4:00 pm    Post subject: Reply with quote

etoile wrote:

So at the moment I haven't a clue where I stand......or what I should do?


I think that depends on if you plan to stay in Mexico beyond a year. Or are even considering the possibility. In general, that system of payment is to the workers detriment. Yes, you will pay less tax immediately, but that system is used by employers to get out of having to pay you benefits. You will not be enrolled in a health plan, a savings plan, a housing loan plan, you will not get the legal Christmas bonus, you will not get longevity raises, or retirement benefits, you will not be eligible for workman's comp should you be injured on the job(I know it's unlikely in our field, but it could happen.)
So if you are just passing through Mexico, this might be better for you, you won't be paying into programs you will never take advantage of. But if you might stay here long time--you're employer is doing this to screw you and his/her other employees.

Back to the OP--we sent a new teacher to immigration last week and all was the same for an employer sponsored FM3, with the exception of them taking the reception of documents in one visit, the teacher going back a week later to sign the paper work once the reception had been approved and then being told to come back one more week later to pick up the FM3. Same process, but dived into three visits instead of two. IMN staff was even friendly too. Very Happy
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notamiss



Joined: 20 Jun 2007
Posts: 853
Location: El 5o pino del DF

PostPosted: Fri Oct 05, 2012 3:50 pm    Post subject: Reply with quote

etoile wrote:
I'm worried about taxes and immigration because I have no idea if what i'm doing is right.[…]

So at the moment I haven't a clue where I stand......or what I should do?


If you have to pay taxes on your own, go to Hacienda and ask for help. I am told that they are actually quite helpful to the average bewildered taxpayer.

If you have no idea how to get started (I didn’t, at first), get an accountant to advise and help you. Especially in the beginning when you don’t even have any idea how to navigate the SAT website, or where your tax office is located. Once the accountant has put you on the right path, you can probably manage on your own with the help of the officials at your tax office.
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etoile



Joined: 01 Sep 2007
Posts: 34
Location: Mexico City

PostPosted: Fri Oct 05, 2012 11:04 pm    Post subject: Reply with quote

notamiss wrote:

If you have to pay taxes on your own, go to Hacienda and ask for help. I am told that they are actually quite helpful to the average bewildered taxpayer.

If you have no idea how to get started (I didn’t, at first), get an accountant to advise and help you. Especially in the beginning when you don’t even have any idea how to navigate the SAT website, or where your tax office is located. Once the accountant has put you on the right path, you can probably manage on your own with the help of the officials at your tax office.


Thanks for the information Notamiss, I presume it means that the school was not giving me the full story when explaining the taxes to me.

MotherF wrote:

I think that depends on if you plan to stay in Mexico beyond a year. Or are even considering the possibility. In general, that system of payment is to the workers detriment. Yes, you will pay less tax immediately, but that system is used by employers to get out of having to pay you benefits. You will not be enrolled in a health plan, a savings plan, a housing loan plan, you will not get the legal Christmas bonus, you will not get longevity raises, or retirement benefits, you will not be eligible for workman's comp should you be injured on the job(I know it's unlikely in our field, but it could happen.)


Thanks MotherF, when I go to the hacienda and start paying taxes am I not entitled to anything like social sercurity?
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MotherF



Joined: 07 Jun 2010
Posts: 1101
Location: 17°48'N 97°46'W

PostPosted: Mon Oct 08, 2012 3:04 pm    Post subject: Reply with quote

You can pay into IMSS yourself. And of course you can open your own retirement savings account yourself, but you will not be getting the portion your employer is supposed to pay for you.
Mexico just passed a labor law reform bill which is a real shame, Mexico has excellent labor laws, sure tons of employers found ways to get around them (like yours is doing) but the solution to that problem is not to repeal the good laws... Crying or Very sad
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Tretyakovskii



Joined: 14 Aug 2009
Posts: 439
Location: Cancun, Mexico

PostPosted: Sun Oct 14, 2012 12:39 am    Post subject: Reply with quote

The new immigrations laws may prove to be a bitch for people who come to Mexico, enter "visa free", and then want to change status so they can stay longer than the 180 days given them, get permission to work, etc.

The problem is that the new law and regulations appear to severely limit those who can change their status, in country, and "visa free" entry is limited to tourism, business and transit purposes. It looks to me like those who enter "visa free" will be classified as "Visitantes" under the new rules, and ineligible for a change of status, in country, unless they are a family member of a Mexican or of a person with a residence status in Mexico.

For those who'd like to have a look at this, themselves, I'd direct your attention to Article 53 in the law published last year; then, to Article 141 of the regulations published last month.

Here's the websites-

First, the law, as published last year: http://dof.gob.mx/nota_detalle.php?codigo=5190774&fecha=25/05/2011

Then, the new regulations, as published in Sept: http://dof.gob.mx/nota_detalle.php?codigo=5270615&fecha=28/09/2012

Look those sections over carefully, then let us know if you see a way out.

As for us who already have a status in country, this is not going to affect us, but newcomers could find themselves at some pretty considerable inconvenience, if this works as I've suggested it might.
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