BajaNomad

FM-#. Why and How?

Gr8Piper - 11-29-2008 at 01:46 PM

Hi Folk

I'm building near Punta Banda. I got a bank trust on the land.
The casa will be done around February. I plan on going back and forth between the States and Mexico after that until I settle in Baja.

Which raises the questions about the need for a FM-3. Any advice appreciated.

Tom
(Gr8Piper)

Dave - 11-29-2008 at 01:57 PM

Quote:
Originally posted by Gr8Piper
Hi Folk

I'm building near Punta Banda. I got a bank trust on the land.
The casa will be done around February. I plan on going back and forth between the States and Mexico after that until I settle in Baja.

Which raises the questions about the need for a FM-3. Any advice appreciated.

Tom
(Gr8Piper)


There will be those here who will tell you that if you own property you must have an FM-3. Not true. The FM3/2 pertains to one's living in Mexico...not owning property.

akshadow - 11-29-2008 at 02:22 PM

the other question is
When you are there, are you a tourist? if you have an ongoing relationship with a lease?
Local immigration office in San Felipe tells us if you have an ongoing relationship via a lease or any other legal arrangement you are NOT a tourist and need an Fm3 while you are here.
Like most requirements in Mexico I expect it matters most what the official standing in front of you thinks.
Might ask local immigration office for your area.

It's real simple

Dave - 11-29-2008 at 02:54 PM

Quote:
Originally posted by akshadow
the other question is
When you are there, are you a tourist? if you have an ongoing relationship with a lease?
Local immigration office in San Felipe tells us if you have an ongoing relationship via a lease or any other legal arrangement you are NOT a tourist and need an Fm3 while you are here.
Like most requirements in Mexico I expect it matters most what the official standing in front of you thinks.
Might ask local immigration office for your area.


Tourists do touristy things. Tourists don't sign long term leases. Why would they? ;D

Regarding legal arrangements:

I know absentee property owners who have never set foot in Mexico. Never had an FM3/2 or tourist visa. Perfectly legal.

OH yes, it is simple.

DianaT - 11-29-2008 at 03:28 PM

True or not true or maybe---it depends.

If one leaves personal belonging in Mexico, they need an FM3 or the property is considered abandoned?

One needs an FM3 or FM2 to sell property in Mexico????

Diane

Simple redux

Dave - 11-29-2008 at 03:43 PM

Quote:
Originally posted by jdtrotter
If one leaves personal belonging in Mexico, they need an FM3 or the property is considered abandoned?


You mean like accidentally... like in a hotel room? Or at your home where you live? Where you're supposed to have an FM3/2? ;D
Quote:

One needs an FM3 or FM2 to sell property in Mexico????


No. However, if you want to save on cap gains it's advisable.

norte - 11-29-2008 at 04:14 PM

Dave I don't understand your responses. Your first response would leave one to believe he does not have to. Last one leaves one to believe he should. Do you always like it both ways.. or do you just like to confuse those of lessor intelligence.

Russ - 11-29-2008 at 06:28 PM

norte, I don't think anyone is trying to confuse you. We're confused! If you do a search on this subject here you'll find a lot of contradictory postings. It's just they way each of us have been led to believe. My spin on this is if you have improvements on you land weather leased or bank trust you should start your FM-3. Start it at a time during the year you plan to be down every year. If you don't renew on time you'll be fined. Some offices may let you apply for an FM-2 to start with since you have land/home already. Once you have completed your 5 years with the FM-2 you'll qualify for emigrant status and you won't have to go through he renewal process. My understanding and what jdtrotter said is that if you have a regular tourist visa and leave things in your house it could be considered abandoned because as a tourist you have to return home with your stuff. I'd move on to the FM-3 just for piece of mind. Good luck with your adventure here!

[Edited on 11-30-2008 by Russ]