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Author: Subject: Manifesting - Questions ?
elskel
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[*] posted on 5-16-2018 at 03:54 PM
Manifesting - Questions ?


We, have never Manifested our place after construction, Todos santos area. It has been quite a few years. Does anyone have a contact of a lawyer to guide us through this late process?
And the other question is to anyone who has Manifested late like we are trying to do, How did the process go?
Any information would be greatly appreciated.
Bk
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chumlee57
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[*] posted on 5-16-2018 at 09:12 PM


Manifested... get profepa approval? local jurisdiction approval? have you been paying your yearly predial ( local taxes )? I missed my first 2 years of paying local taxes ( predial ) as I was not aware or told 15 years ago, I negotiated the taxes and have made it a point to pay late in the year, for the following years taxes, as in, I try and pay in November or December for the following year, you are discounted maybe 15 - 20 % for paying early. Ask around, there are always notories that can sort this out for you
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gnukid
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[*] posted on 5-16-2018 at 09:24 PM


Manifest is a process for updated valuation in lieu of build costs. Did you build cost plus % or fixed bid? Do you have facturas registered against your RFC? Did you remodel or build new? There are many factors to affect the valuation and gain on the expenditure, do you live there full time, are you PR, TR or FMM. There are potential deductions and gain transfer opportunities. The requirement to complete manifest depends on many factors, it is nor always needed. Very few people understand the issues affecting extranjeros. I would ask a notario you plan to work with in the future assist to suggest using their accountant. Perhaps wait for pre-sale and then pursue it as you engage your notario for the sale and state the requirement for mines as part of the transaction. Do you plan to move to a new home or sell and not buy another home? Do you expect to owe capital gains? In many cases no capital gains are due for the sale of a home. It may not good to go into the manifest without knowing what your future sale price and plans are.

[Edited on 5-17-2018 by gnukid]
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elskel
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[*] posted on 5-17-2018 at 06:15 AM


The house was finished about 10 years ago. I had building permits out of La Paz. So it was never closed out with the building officials in La Paz. I have Permanent Residency. Taxes are current on the property. Social Security payments were made. We have no intent to sell, I was thinking of trying to close loose ends, which I should of done years ago.
I am aware of many people who have never finished the process.
Anyone who has recently Manifested - After the Fact / Late, I would sure like to hear about your experience. Or Notario information.
Thanks, bk

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gnukid
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[*] posted on 5-17-2018 at 07:29 AM


You could start with the notario listed on the escritoro or fidi... Open the papers and see which notario is listed and ask them for help, though it should be related to a scenario, e.g. fiscal registered tax payer or non-fiscal registered tax payer, if I sell at x price at x time and I plan to move to another house or leave the country. Of course the law can change between now and the sale. Also you can simply visit or call a few different notarios or the catastro or ayuntamiento and ask them for advice or referral on the process. Many have little experience with RP extranjeros selling a home and ISR capital gains since it does not affect them and they don't care about you. I did the work myself and paid no cap gains with no manifest of the build price.

There is a Registro de Catastral or something like required which would be with you papers and you may not be required to make a manifest, when you need it then you would want it to correspond to the selling price so it may be best to gather legal info and wait until the sale. Be careful who you speak to better to find the written ISR for fiscal registered tax payer RP living in Mexico more than 5 years law and interpret it.

If you are RP and live in Mexico as a fiscal resident and can prove that you live there fiscally meaning you are registered at hacienda with RFC fisica and either earn zero or more and have your house bills in your name (best if it's electronic CFE Telemex and you can pull the most recent 2-5? years of history at any moment in your name) and are current yearly registered with SAT as a RFC fisica and have a constancia to show your domocillo address is current and you are in good standing with no taxes due you can avoid ISR cap gains. Also if you move to another house of equal value you may avoid cap gains (one every 3-5? years). You need all paperwork in order in your name or close family.

For a manifest to prove construction costs you need some evidence usually reciepts as facturas against your RFC fisica or as a business location RFC moral. Of course other evidence may be used including historical pictures etc. perhaps as it does seem to be acceptable in some cases and google time based fotos are available to Catastro. In my mind you are constantly building until time of sale so it doesn't help to do a valuation now before sale better to wait until the sale time and do the manifest once in the final 30-45 days or do it twice once now and once again at sale.

You can do everything yourself without legal help though an accountant of the notario you plan to work with for the sale is the person who "knows for sure" and gives the green light for cap gain exemption. You are the only person advocating for low tax on yourself, all others are advocating for higher taxes and you are the only person in your own shoes, very few experts understand the rules and experiences of extranjeros RP that affect ISR during sale for RP living and moving in Baja so don't expect anyone to know or care except you who has done the research for your situation then you have to show/prove that to the notario before you sell and be sure they agree with you and understand your position. No reason to pay anyone to help since they will likely screw it up. This all goes down on the close of sale filed by the notario so it's best to get the notario to agree to work together prior to the sale and understand your case the buyer gets to pick the notario to work with the buyer to choose the notario who understands ISR exemptions for fiscal tax payer resident registered RP.

To become a fiscal registered tax payer even though you earn no money go to the Hacienda and register as a fiscal person RFC fisica with the address - bring a original and copy of the current cobrabante bill CFE. SAPA, Telmex at the address and get registered with a constancia showing domicillo and no tax due (en ceros). and keep this you may also want to register to file or update yourself electronically requires a USB card to record your unique hashcode remotely so you can do this anytime on your own from home. You need ~5 years fiscal residence with Mexico as your primary living focus to file for exemption from ISR.

https://www.linkedin.com/pulse/manifesting-your-construction...

http://cabocribs.com/faqs/manifesting-construction-los-cabos...

http://bajaexec.com/owning-in-mexico/manifesting-your-constr...

https://timothyrealestategroup.com/sell/preparing-to-sell/

and a nomad thread

http://forums.bajanomad.com/viewthread.php?tid=43112

More about ISR taxes on sale of home for PR

http://teranrojas.com/index.php/articles/68-capital-gains-ta...

http://www.mlsvallarta.com/en/blog/real-estate-articles/capi...

http://www.mexconnect.com/articles/3825-capital-gains-tax-on...




[Edited on 5-17-2018 by gnukid]
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Loretana
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[*] posted on 5-17-2018 at 02:56 PM


Muchisima gracias, Gunkid!

I have also failed to register a manifestation here in LTO.
I need that. :dudette:




"If you want to find the secrets of the universe, think in terms of energy, frequency and vibration."
-Nikola Tesla
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tiotomasbcs
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[*] posted on 5-17-2018 at 04:49 PM


BK, I'm your Man! Just sold my house and Accountant took care of Manifests....those I did not have! Get a good accountant and they arrange everything .. mis Socios in City Hall... bit of an underhanded payoff but it appears how they do busness here. Very busy year in Real Estate so I am not worried . Too old to get into too much trouble. See you in Panama. Tio
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elskel
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[*] posted on 5-18-2018 at 08:49 AM


gnukid, Thanks for the information and all the links. Looks like I have some work ahead of me.
bk
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elskel
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[*] posted on 5-18-2018 at 08:51 AM


Tomas, will talk to you when you return from Panama.
bk
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