BajaNomad

manifest construction cost

volcano - 12-17-2009 at 07:51 AM

is it o.k. to not record construction costs prior to completion?.....i.e. my construction is taking years to complete........raw block walls are up..probably 2 more years till stucco finished. Am wondering if I am obligated to record costs thusfar with the catastro office.

Santiago - 12-17-2009 at 08:36 AM

Volcano: I don't know the answer to your post but I bet LongLegsinLaPaz does. Maybe U2U her if you don't get a response.

longlegsinlapaz - 12-17-2009 at 06:29 PM

Volcano....it may vary depending on WHERE your construction's located. I know that in La Paz area, you're supposed to renew the building permit if the work isn't substantially completed & isn't closed out a year after issuance. I know there's a fine for not closing out or renewing/extending a building permit, but I don't know how stiff the fine is or how soon they impose a fine after the 1-year mark.

Since it sounds like you're running on Mexican time for your anticipated completion schedule, it might be wise to go talk with Catastro. If your place is enclosed (walls, roof, doors & windows) but needs finish detail, they consider that livable & you could close it out & manifest current value today....then after you completely finish, go back & have it re-valued based on the additional work done. This can be a somewhat spendy process, but it's legal & there's an existing process in place to do this. Cost is based on the person who does the re-valuation's fee (restricted by an approved list of people who are authorized to do this), plus Catastro fees, which are a percentage of the $$ of increased value.

Where you are might apply different rules & can definitely apply different fines/penalties.

How much did you bet on me, Santiago?:lol:

Santiago - 12-17-2009 at 07:24 PM

Quote:

How much did you bet on me, Santiago?:lol:


Not nearly enough.

volcano - 12-18-2009 at 07:49 AM

Since it sounds like you're running on Mexican time for your anticipated completion schedule

L.Legs.....thanks for your great answer. It's my pocketbook that is running on manana time, and my ability to be there working on it as well. Going soon for a month. It's out on eastcape, south of Pulmo and Frailles. I use the San Jose office for Catastro. So do I go up to the window where they are not just taking payments? it's a tad intimidating but they have been helpful in the past.
One major glitch I am going to take heat for is that my contractor didn't pay the Seguro Social for his workers..but I do have a signed and witnessed contract that says it was his reponsibility. He turned out to be a flake and eventually left town.
My house still needs tile, texture , floor finished, and color....but otherwise..it is whole.....I'll be doing that all over time.

capt. mike - 12-18-2009 at 11:56 AM

are you doing your own work? labor etc?
i thot you can't do that - have to hire locals or a contractor.
just being nosey i guess.
always curious on the various processes.
want to be doing it one day. i dream of east cape livin'

longlegsinlapaz - 12-18-2009 at 12:53 PM

Volcano, since I'm in La Paz, I've never dealt with any other office of Catastro nor Seguro Social. If I were you, I'd go into Catastro in San Jose & ask....throw yourself at their mercy!;) Explain about your contractor, etc. Take your contract, the builders presupuesto, any & all documentation that you have which can prove that you were acting in good faith & that the builder is the bad guy here!

The Seguro Social problem is one I'm intimately familiar with....UNFORTUNATELY!:( My first builder did not pay SS, plus he manifested my finished construction at a value of approximately $15,000 pesos!:no::no: This is how I found out about the re-valuation process! But I also had a contract that clearly stated that he charged me SS & he was responsible for paying SS. When I sold the casa after 5 years, I went to SS to make sure everything was in order so the buyer wouldn't be caught by any expected problems. Good thing I did, because that's the point in time I discovered how badly the builder had screwed me. He'd avoided paying taxes to Hacienda by registering the finished construction value at $15,000 pesos. But he forgot he'd given me signed receipts for each & every cash payment he received from me. I had a stack of signed receipts that totaled over $176K USD. I only dealt with the SS office, but when they realized the extent of his actions (or lack thereof!) they asked if I had a problem with them taking copies of my contract, his original presupuesto, the signed receipts for cash & the Termination de Obra paperwork to pass onto Hacienda. They gave me a letter stating that I was not liable for the SS payments they were going after him. Which was fine with me!! I know they put a lien on his business & hauled his butt to Mexico City to face the music. I gave them irrefutable proof. This is the ONLY time I've gone into ANY governmental agency & THEY bit the bullet on coping costs rather than making me pay to have copies made!:lol::lol:


If I couldn't have done the re-valuation, I'd have been looking at capital gains taxes of roughly $75K (equivalent USD). The $275K it sold for minus the recorded value of $1,500 would have left me paying 27% on the $273.5K difference!:O:O It cost me about $5K to bring it up to value. Money well spent!:bounce:

But keep in mind that I was dealing the agencies in La Paz. I know nothing about how the San Jose people are to work with. Technically, by law, YOU the property owner is liable for SS; the builder is not, but the fact that you have a signed contract with him accepting responsibility is in your favor. Also, if you go to them upfront & volunteer the information & explain the situation, I think they'd be more willing to work with you. If you just try to lay low & hope to fly under their radar, they'd be less likely to resolve things in your favor.

I'm hoping that someone who has worked with the San Jose people will jump in here with some factual information.

Mike, you can work on your own casa, you just can't work on someone else's property....legally!

Woooosh - 12-18-2009 at 01:00 PM

Quote:
Originally posted by volcano
is it o.k. to not record construction costs prior to completion?.....i.e. my construction is taking years to complete........raw block walls are up..probably 2 more years till stucco finished. Am wondering if I am obligated to record costs thusfar with the catastro office.


I hope this isn't a hijack... but I thought you didn't have to pay until the construction was complete.

My architect told me the reason so much re-bar remains untrimmed on Mexican rooftops is so the building will not be officially finished- so no taxes due yet. That right?

manifest construction

volcano - 12-18-2009 at 01:22 PM

Quote:
Originally posted by capt. mike
are you doing your own work? labor etc?
i thot you can't do that - have to hire locals or a contractor.
just being nosey i guess.
always curious on the various processes.
want to be doing it one day. i dream of east cape livin'


thanks guys and gal..I will try to get my courage up for a day at the catastro....paperwork in hand. Get the tissues out!
(sob story)
I'm just doing stucco, tile and color myself...over time....the rest was hired up..but my finacial well is dry.....I doubt they will arrest me for working on my own home..i have certainly seen lots of others doing it.

oldlady - 12-18-2009 at 01:26 PM

Researched Do It Yourself with 2 lawyers, 3 contractors....on your own house it's legal...Gracias a Dios. You won't be arrested.

manifest construction cost

volcano - 12-21-2009 at 08:02 AM

Quote:
Originally posted by oldlady
Researched Do It Yourself with 2 lawyers, 3 contractors....on your own house it's legal...Gracias a Dios. You won't be arrested.


o.k. Ladies..two more questions:
I was told by my neighbor down there that I should go to public works, not catastro, to retire my building permit and register my costs. Does that sound right?
And..is there any way to claim one's own labor, or since I'm not a citizen is that not a cost I can write in to my overhead?