BajaNomad - Residente Permanente with US plated car in Baja Sur

cars confiscated at San Ignacio checkpoint a week ago

Whose cars and why?

Where did you get that information? You happen to have a link to more?

4x4abc - 12-7-2025 at 03:28 PM

I have only 2nd hand information and have not been able to track the original posts

mtgoat666 - 12-7-2025 at 04:11 PM

Quote: Originally posted by lencho

cars confiscated at San Ignacio checkpoint a week ago

Whose cars and why?

Where did you get that information? You happen to have a link to more?

I have only 2nd hand information and have not been able to track the original posts

Baja and BCS much more enforcement of the laws for all sorts of things. Follow the law. It ain't that hard.

Villas - 12-7-2025 at 07:27 PM

https://www.gob.mx/sesnsp/acciones-y-programas/regularizacio...

It’s been the the law for a number of years, but it appears that it has not been enforced, now it appears to be,

Would suggest finding a competent local resource to guide you through the legal steps, if you might be in this boat, depending on chat groups to get the proper legal process, most likely will not have a great outcome, curious though, have they stop and take vehicles in an baja Norte, the inter webs suggest so far only baja sur

Villas - 12-7-2025 at 07:34 PM

Also had a stop north of Todos Santos, a friend that had just got pernamente, and had proof of importation paperwork, was advised to go home and leave the vehicle there until the process is completed,

At the end of the day we are guests, and must follow the rules and laws as they change, folks north of what ever which ever border would expect the same from our neighbors from Mexico traveling north .

It’s not the Wild West in the baja anymore

Villas - 12-7-2025 at 07:36 PM

Also had a stop north of Todos Santos, a friend that had just got pernamente, and had proof of importation paperwork, was advised to go home and leave the vehicle there until the process is completed,

At the end of the day we are guests, and must follow the rules and laws as they change, folks north of what ever which ever border would expect the same from our neighbors from Mexico traveling north .

It’s not the Wild West in the baja anymore

bajatrailrider - 12-7-2025 at 08:38 PM

More like holidays coming need money :thumbup:

4x4abc - 12-8-2025 at 08:04 PM

lotsa panic in Gringo-Land!

here is the latest:
https://www.facebook.com/groups/534958289989059

David K - 12-9-2025 at 07:46 AM

lotsa panic in Gringo-Land!

here is the latest:
https://www.facebook.com/groups/534958289989059

Baja Legal Advice (your link) looks very efficient about details for foreigners to know regarding the laws/ rules about becoming a Mexican resident.
Thank you, Harald.

I think this post is what applies:

Are you a permanent resident in Mexico for tax purposes?
Driving a foreign-licensed car in Baja California.

My good friend Hank Morton (President, Baja Bound Insurance) had a fascinating conversation with the Sud Director of the legal Department at SAT Tijuana concerning the issue with the matter of expats with a permanent resident visa driving foreign-plate cars in Baja California, and this is what he was told.

“He told me that they (SAT) would interpret clause 3.4.8 above as a resident for tax purposes under article 9 of the Tax Code. Your migratory status would have no bearing (ie. if you’re a temporary or permanent resident).

Here's a simplified interpretation of Article 9 regarding residency in Mexico:
Who is considered a resident?
Individuals:

People living primarily in Mexico are residents.
If someone has a home in Mexico and another country, they're residents of Mexico if:
1. More than 50% of their income is generated from Mexican sources, or
2. Their main job is in Mexico.
3. Mexican citizens working for the government are considered residents, even if they work abroad.

Organizations:
Companies or legal entities are residents if their main business operations or management are in Mexico.
Tax Residency Rules:
If individuals or organizations change their tax residence but haven't established residency in a country with favorable tax agreements with Mexico, they can still be considered Mexican residents for up to five years.
People or entities that stop being Mexican residents must notify the tax authorities 15 days before moving. If they fail to do so, they remain residents.

In fewer words:
The above tells us that there is permanent residence for immigration purposes and permanent residence for tax purposes.
So the director concluded that people who are permanent residents for immigration purposes and are not permanent residents for tax purposes can legally drive their foreign plated cars in the peninsula with no issues.

So, please don’t take your US-licensed car back to the border; keep driving it here.

I know, my head was also spinning for a while.
Regards.
Rafael Solorzano.

Source: https://www.bajabound.com/

[Edited on 12-9-2025 by David K]

surabi - 12-9-2025 at 10:13 AM

The above is irrelevant. It's like thinking that US customs and immigration law interpretations are decided by the IRS.
The law about permanentes driving foreign-plated cars is under the jurisdiction of Aduana, not SAT. It has nothing to do with being a legal resident for tax purposes.

One would be an fool to follow this SAT director's advice for permanentes to ignore the aduana law and continue driving their foreign plated car around. If Aduana confiscates your vehicle, good luck protesting that "But the director of the legal dept. of SAT in Tijuana said...."

4x4abc - 12-9-2025 at 11:21 AM

here a short version from the leading immigration/customs attorney (Baja Paperworks) in La Paz:

https://www.facebook.com/chava.ramirez.18

surabi - 12-9-2025 at 12:35 PM

here a short version from the leading immigration/customs attorney (Baja Paperworks) in La Paz:

https://www.facebook.com/chava.ramirez.18

That link goes to "This content isn't available right now
When this happens, it's usually because the owner only shared it with a small group of people, changed who can see it or it's been deleted."

4x4abc - 12-9-2025 at 01:30 PM

The above is irrelevant. It's like thinking that US customs and immigration law interpretations are decided by the IRS.
The law about permanentes driving foreign-plated cars is under the jurisdiction of Aduana, not SAT. It has nothing to do with being a legal resident for tax purposes.

One would be an fool to follow this SAT director's advice for permanentes to ignore the aduana law and continue driving their foreign plated car around. If Aduana confiscates your vehicle, good luck protesting that "But the director of the legal dept. of SAT in Tijuana said...."

I asked the expert

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4x4abc - 12-9-2025 at 01:34 PM

more:

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bajachris - 12-9-2025 at 02:34 PM

My husband has a permanent resident card; I get temporary FMM every time we enter Baja since I was working in the USA until about a week ago. The truck is registered in both our names. Do I need to drive through each checkpoint?

Tioloco - 12-9-2025 at 02:51 PM

Quote: Originally posted by bajachris

My husband has a permanent resident card; I get temporary FMM every time we enter Baja since I was working in the USA until about a week ago. The truck is registered in both our names. Do I need to drive through each checkpoint?

No, you dont

4x4abc - 12-9-2025 at 04:21 PM

since some of you don't do facebook:

Screen Shot 2025-12-09 at 16.20.11.png - 223kB

latitude32 - 12-9-2025 at 04:36 PM

since some of you don't do facebook:

like you said....that time of year

surabi - 12-9-2025 at 06:33 PM

Doesn't sound like this guy is very informed.
The federal govt. has not "altered its policy on foreign-registered vehicles driven by Permanent Residents", therefore there would be no reason for them to put out an official press release informing of a "change". The law regarding PRs not being allowed to drive foreign plated vehicles has been in place for many years, regardless of whether it was enforced in Baja.

[Edited on 12-10-2025 by surabi]

bajachris - 12-9-2025 at 07:10 PM

From Discover Baja: Out of our 10 K + members we haven't heard of anyone having their vehicles confiscated as of yet.
The vehicles that we know have been confiscated, have had expired registrations.

bajatrailrider - 12-10-2025 at 08:57 AM

They are doing their best checking. We crossed into border TJ south bound other day at 5pm . New truck trailer S Dakota plates Flatbed trailer. My new SXS they had nobody to check us told us they will get someone. Ten min passed new guy asked Driver lic we only gave our US license. All 3 Reg papers he looked at them long time. Now wants to see vin numbers Truck trailer and SXS. He then took pictures all vin numbers. Sending pictures to his boss to see if stolen. He did his best to find something wrong but failed. Never asked for Visa or Prs as not legal to ask. I told him All is legal are you good, returned papers on our way

BeachSeeker - 12-11-2025 at 03:28 PM

Doesn't sound like this guy is very informed.
[Edited on 12-10-2025 by surabi]

Yeah, this well-respected Mexican lawyer with decades of experience specializing in cross-border law isn't well informed. You're right Surabi, maybe you can consult for him...

This whole RP driving U.S. plated car thing blew up from someone with second or third-hand info talking about a car being confiscated on Facebook. It got traction by another poster who was selling their car importing services. Another post was created asking if anyone THEMSELVES actually had any troubles with this, and not one single first hand account was delivered. I was following it all in real time. Like so many Baja rumors, it doesn't take much to start the rumor mill chugging.

Tioloco - 12-11-2025 at 04:47 PM

Doesn't sound like this guy is very informed.
[Edited on 12-10-2025 by surabi]

Yeah, this well-respected Mexican lawyer with decades of experience specializing in cross-border law isn't well informed. You're right Surabi, maybe you can consult for him...

My thoughts exactly, Beachseeker

[Edited on 12-12-2025 by Tioloco]

surabi - 12-12-2025 at 11:15 AM

The law that PRs can't drive foreign-plated vehicles in Mexico isn't new, nor does it say it doesn't apply to Baja. Just because they haven't enforced it in Baja, or that cars being confiscated there might be nothing but rumors doesn't negate that fact.

So yes, that lawyer is misinformed, and so are those here who seem so sure of themselves that this lawyer couldn't possibly be wrong, even though you most certainly haven't bothered to research the law yourselves, instead just putting forth your uninformed opinions and insults.

4x4abc - 12-12-2025 at 12:01 PM

the latest from the ill informed lawyer

Screen Shot 2025-12-12 at 11.59.43.png - 97kB

mtgoat666 - 12-12-2025 at 01:00 PM

the latest from the ill informed lawyer

So can we go back to willfully breaking the law with impunity?

surabi - 12-12-2025 at 10:38 PM

"Baja Legal Advice" continues to show that he does not understand the regulations regarding PRs driving foreign plated vehicles.

"Free Zone" or SAT issuing a statement about whether Baja is a free zone has nothing to do with it. Free Zone refers to not requiring a TIP for foreign plated cars driven into Mexico by tourists and temp. residents. Baja and northern Mexican mainland states are free zones in that they don't require a TIP.

I don't know why it's so difficult for this lawyer and other people to understand that this is completely unrelated to the regulations about PRs not being permitted to drive foreign plated cars in Mexico.

Whether that is enforced and foreign plated cars of PRs are confiscated or not has nothing to do with free zones and TIPs.

BeachSeeker - 12-13-2025 at 01:30 PM

Surabi, you are trying to coax nuance out of a law that no one has even seen written anywhere. Have you seen the exact wording? Can you point exactly to a law or regulation that says RPs can't drive foreign plated cars in free zones? I'm sure the answer is no. We've all just read articles or statements about the law. The reason free zones come up is because an RP cannot get a TIP. That is practical and verifiable, not theoretical.

There are tens of thousands of Americans and Canadians with RP that live or travel in Baja regularly. How many have imported their car to Mexico?

There is pedantry, and then there is practical application.

surabi - 12-13-2025 at 02:26 PM

I am trying to hunt up the exact law regarding PRs not being allowed to drive foreign plated vehicles. But this article makes it clear that it is the law, and that it is only a matter of that law not being enforced in Baja, not that the law doesn't apply in Baja.

"Permanent residents and foreign-plated vehicles:

When Mexico reformed its immigration law in 2012, it explicitly forbade foreigners with Permanent Residency status from importing a foreign-plated vehicle to Mexico.

According to law, since 2012, holders of Permanent Residency cards cannot apply for a TIP and, legally, cannot drive a foreign-plated car to anywhere in Mexico."

https://www.mexperience.com/permanent-residency-foreign-plat...

mtgoat666 - 12-13-2025 at 02:34 PM

Surabi, you are trying to coax nuance out of a law that no one has even seen written anywhere. Have you seen the exact wording? Can you point exactly to a law or regulation that says RPs can't drive foreign plated cars in free zones? I'm sure the answer is no. We've all just read articles or statements about the law. The reason free zones come up is because an RP cannot get a TIP. That is practical and verifiable, not theoretical.

There are tens of thousands of Americans and Canadians with RP that live or travel in Baja regularly. How many have imported their car to Mexico?

There is pedantry, and then there is practical application.

Ley Aduanera – Artículo 106
https://mexico.justia.com/federales/leyes/ley-aduanera/titul...

Customs law prohibits mexican citizens and perm residents from temporarily importing foreign-registered vehicles, and also prohibits mex citizens and perm residents from driving foreign-registered vehicles in TIP-free zones like the baja peninsula.

Free zones do not give perm residents and mex citizens a
special import privileges.

BeachSeeker - 12-13-2025 at 03:28 PM

- Article 106 says only visitors or temp residents can temporarily import a car (TIP).

-The RGCE allows for foreign plated cars to circulate without temporary importing (TIP) within the "free zone". This is regardless of immigration status.

It seems like it is easy to interpret that the second point negates the first.

mtgoat666 - 12-13-2025 at 03:56 PM

- Article 106 says only visitors or temp residents can temporarily import a car (TIP).

-The RGCE allows for foreign plated cars to circulate without temporary importing (TIP) within the "free zone". This is regardless of immigration status.

It seems like it is easy to interpret that the second point negates the first.

Where does it say free zone allows driving foreign cars regardless of immigration status?

your interpretation may not be legally defensible.

surabi - 12-13-2025 at 06:29 PM

-

-The RGCE allows for foreign plated cars to circulate without temporary importing (TIP) within the "free zone".

You are "interpreting" it in the way you would like it to be, which it isn't. "Allows for foreign plated cars to circulate without a TIP" makes it obvious that "free zone" relates to not needing a TIP.

What part of PRs can never get a TIP to travel anywhere in Mexico, therefore "free zone", which relates to TIPs, does not apply to them, is hard for you to wrap your mind around?

[Edited on 12-14-2025 by surabi]

Tioloco - 12-13-2025 at 11:10 PM

-

-The RGCE allows for foreign plated cars to circulate without temporary importing (TIP) within the "free zone".

In your earlier reply, "I am trying to hunt up".... Well, what happened to your info??? Stop presenting yourself as an expert and diminishing the real experts, please.

Rafael Solorzano and Beachseeker are the only ones here that can intelligently answer the question. Jeez...if you cant find a statute to bolster your argument, say so.

[Edited on 12-14-2025 by Tioloco]

surabi - 12-14-2025 at 09:14 AM

Goat already posted the law- Article 106, which lays out who can temporarily import a vehicle. Nowhere in that law does it say a permanent resident can, it says those with permanent residency outside of Mexico can- visitors and temporary residents.

Additionally, SAT has always said that permanent residents cannot drive foreign plated vehicles anywhere in Mexico.

Permanent residents on the mainland went through all this back in 2012 when Mexico changed the immigration laws, and those who had to switch from TR to PR unless they wanted to start from scratch reapplying for TR at a consulate outside the country were told by SAT that they had to remove their foreign-plated vehicles from Mexico, regardless of of whether they lived in a "free zone".

So go argue with the Mexican tax dept.

Anyway, you don't even care about this issue, you only care about taking any opportunity to negate anything I post, and sling insults.

[Edited on 12-14-2025 by surabi]

[Edited on 12-14-2025 by surabi]

Tioloco - 12-14-2025 at 11:51 AM

Article 106 does NOT state it is illegal for a PR to drive a foreign plated vehicle in the free zones. Mr Solorzano is the ONLY Mexican attorney with an opinion referenced here. Carry on.

BeachSeeker - 12-14-2025 at 12:16 PM

I think you are just making a connection that doesn't necessarily exist.

Yes, article 106 says RPs cannot temporarily import a car to Mexico (TIP). No one is disputing that. However, what makes you think an RP can't drive a foreign plated car in the free zone, in which no temporary import is required and foreign plated cars are allowed to circulate freely?

Can't you see how if a TIP isn't required, then it doesn't matter what your immigration status is? Think of it this way, if a TIP isn't required, then Mexico doesn't consider it as actually importing the vehicle. It doesn't matter if you are a RP, or an FMM holder. No import required. Circulate freely.

Maybe it can be interpreted both ways, but I tend to side with the interpretation that has been actually happening in Baja. Tens of thousands of RPs drive foreign plated cars in Baja every single day. There's one unverified instance that popped up on Facebook vs 10,000 daily instances.

"SAT has always said" and "Mexperience says" isn't a reference. That's just your recollection and some anonymous online article.

[Edited on 12-14-2025 by BeachSeeker]

surabi - 12-14-2025 at 12:30 PM

Well, obviously you are determined not to understand how the law disallows PRs to temporarily import a vehicle, regardless of whether it is designated a free zone or not.

"SAT has always said" isn't a reference? Say what?

Back in 2012 when lots of foreigners had to switch to PR, whether we could keep and drive a foreign plated vehicle in Mexico was a hot topic of conversation for at least a year. Hundreds, if not thousands, of PRs, including me, directly asked for clarifications or work-arounds from Aduana, SAT, and Banjercito, as well as lawyers and facilitators. The answer was always that PRs could not drive foreign plated vehicles at all, anywhere in Mexico.

Of course, you have every right to believe whatever you want, no matter how erroneous.

BoenBaja - 12-14-2025 at 01:22 PM

From Gringo Gazette
https://www.facebook.com/reel/25575276365417302/?fs=e&mi...

surabi - 12-14-2025 at 02:04 PM

Get ready for posters here to tell you they don't believe that and it's wrong, according to their "interpretation". :lol:

mtgoat666 - 12-14-2025 at 02:19 PM

Maybe it can be interpreted both ways, but I tend to side with the interpretation that has been actually happening in Baja. Tens of thousands of RPs drive foreign plated cars in Baja every single day.

Previous lack of enforcement may not predict the future of a changing world… Mexico has been enforcing FMM requirements that many use to safely ignore. Mexico has last few or more years been enforcing many tax laws, collecting more taxes.
Things change, previous lack of enforcement may not predict future enforcement.

[Edited on 12-14-2025 by mtgoat666]

Tioloco - 12-14-2025 at 02:41 PM

Quote: Originally posted by BoenBaja

From Gringo Gazette
https://www.facebook.com/reel/25575276365417302/?fs=e&mi...

Rafael Solorzano's response was once again quoted in the comments to this and as far as I can see he is the ONLY Mexican attorney to opine.

Looks like the free zone is indeed a free zone after all.

BeachSeeker - 12-14-2025 at 03:40 PM

Quote: Originally posted by mtgoat666

Agreed. I'd take it a step further and say that enforcement is so situationally dependent that sometimes it doesn't even matter what the law actually is. Often times, the law is whatever the guy at the border or checkpoint says it is.

lencho - 12-14-2025 at 04:49 PM

Get ready for posters here to tell you they don't believe that and it's wrong, according to their "interpretation". :lol:

You trust the Gringo Gazette?

surabi - 12-14-2025 at 05:15 PM

No. I trust what I and hundreds of others were told directly by SAT and Aduana agents who held info meetings in my area about PRs and foreign plated vehicles back in about 2012 when the immigration laws changed.

But I would assume the Gringo Gazette based that video on source material more reliable than the opinions and interpretations of Baja Nomads or some Baja lawyer who has a vested interest in getting his name out there to drum up business.

[Edited on 12-15-2025 by surabi]

lencho - 12-14-2025 at 08:17 PM

But I would assume the Gringo Gazette based that video on source material more reliable than...(whatever)

I've seen nothing over the years to support such an assumption, but each to her own. <shrug>

mtgoat666 - 12-14-2025 at 08:23 PM

Quote: Originally posted by lencho

But I would assume the Gringo Gazette based that video on source material more reliable than...(whatever)

I've seen nothing over the years to support such an assumption, but each to her own. <shrug>

Gringo gazette is probably more reliable source of info than penepoco :lol:

surabi - 12-14-2025 at 08:43 PM

Quote: Originally posted by lencho