| If you stay
183 days, you are a Mexican resident for tax purposes and subject to Mexican
income tax on your worldwide income.
If you do
have income in Mexico, you are supposed to pay estimated taxes every
month. It is a nuisance, and the tax hurts your cash flow. You don’t
get the deductions you get in the U.S. Tax is based on gross rent.
Mexican tax
laws change all the time. Capital gains taxes weren’t too bad if you were
a resident for a couple of years before you sold. But that exemption is
no longer there. Capital gains taxes are huge. Your capital gains taxes
go down the longer you own a place.
Now that you
have a foreign trust, you have to file special documents with the IRS that
no accountant knows about, forms 3520 and 3520A. If you don't do it in
time (and it isn't the normal tax deadline),the penalties can be drastic.
It is hard
to get money out of Mexico. One way I've figured out to do it is via an
ATM card. Bank drafts are too expensive. Their mail system is too slow
and not trustworthy. But there is no problem getting money from
the U.S. to Mexico using Western Union.
To open a Mexican
bank account, you first need an FM3 visa and a Mexican light bill. You
can get the FM3 (365 day visa) from a Mexican consulate with three month's
of bank statements showing above some amount (around $1000) deposited each
month. You also need photos without glasses, and you need to pay
in cash. You also technically need the FM3 to own real estate in Mexico.
And if you are going to rent out your property, you need a “lucrativo”
FM3 which has additional requirements (hire a lawyer to help you upgrade
your FM3). The FM3 makes it easier to enter Mexico (you can use the Mexican
citizen line) but more difficult to leave (you have to get permission to
reenter from immigration at the airport, and they will ask you what you
have been doing in Mexico).
You have to
repeat the FM3 process when you arrive in Mexico and register with local
immigration. You basically need the same documents all over again.
You have to
renew your visa in the exact same town year after year. There is a lot
of corruption in the Immigration department. The easiest way to renew a
visa is to hire a lawyer and pay them a fee to help you renew the visa.
To get the
utilities changed to your name (which you need to do to open a bank account),
you need a full copy of your trust documents and the photo page of your
FM3 and an old light bill from the previous owner (or at least their name
or the address).
If you want
to actually use the condo yourself, you will need to find a manager who
is willing to do short term rentals. Good managers can be hard to find.
You have
to bargain. Asking price is not necessarily close to true market value.
There are MLS "sold" books but the agents do not report any data.
You could hire an escrow agent to search public records for neighboring
properties, but you will have to pay for the service. You will have to
convert pesos into dollars using the exchange rate in place at the time.
Also, many values are underreported. Make low offers and be patient.
You'd be surprised. A lot of owners want out badly for whatever reason
(e.g., high condo association fees, inherited property).
Standard real
estate commission is 10%. There are big savings to be made by avoiding
properties that are on the MLS. But you need the advice of someone
who knows the market. And you need a lawyer.
Be aware that
it can be hard to sell in Mexico. Because agents often set the asking price
too high, pendencies can be long.
Make other
owners, property managers, and condo association managers your first source
of information. Don't waste your time with agents who don’t know the comps(use
agents with lots of experience). The managers can sometimes help you find
a condo at a reduced commission. The real estate agents are not legal experts
and will not guarantee you clean title. Other owners will give you candid
advice and can be found on www.vrbo.com.
Don’t use a
short “offer to purchase” form supplied by a real estate agent.
Those typically only protect commissions. Get a lawyer to draft a “pro-buyer”
offer for you. Make sure to address that U.S. escrow will be used, that
the recorded value will be the actual contract value, that no funds will
be disbursed until your attorney is satisfied with the commitment for title
insurance, that no funds will be disbursed to the seller until capital
gains taxes have been paid, and that unit will be sold as shown, with no
furniture removed. |