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Author: Subject: Todos Santos targeted for illegal workers
DianaT
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[*] posted on 7-25-2009 at 01:59 PM


Quote:
Originally posted by JESSE
There are many foreigners who own property here that are renting their homes and condos and not paying taxes. Most do it as a business and don´t care about the local economy, and i think they should.

Fortunately the INM and SHCP is now investigating many of these lowlifes.


I agree, if they are using their property as a business and renting it out, paying taxes on the income is fair---we pay taxes on our rentals in the US.

But, if they own the home or condo with a bank trust, isn't it illegal to rent it out?




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CaboRon
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[*] posted on 7-25-2009 at 02:21 PM


Quote:
Originally posted by morgaine7
Quote:
Originally posted by LB
People renting their homes with out
paying taxes are also targeted.

Apparently this is already happening in Mazatlan.

Kate


When I was renting in Todos Santos the property managers placed an additional 10% rental tax on the bill each month.




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arrowhead
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[*] posted on 7-25-2009 at 02:36 PM


A view from the other side:

http://www.azcentral.com/news/articles/2009/07/21/20090721sh...




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[*] posted on 7-25-2009 at 02:40 PM


Quote:
Originally posted by jdtrotter
But, if they own the home or condo with a bank trust, isn't it illegal to rent it out?


Not illegal, but you have to register with Hacienda and pay your taxes and file tax returns. That is why migracion is asking people who renew their FM3/FM2's for a copy of their lease and their landlord's ID. They are crosschecking with Hacienda for tax dodgers who rent houses.

It also explains why so many gringos only want to rent their beach condos/houses on a shortterm basis to vacationers. It keeps them under the radar.

[Edited on 7-25-2009 by arrowhead]




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JESSE
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[*] posted on 7-25-2009 at 02:55 PM


Quote:
Originally posted by CaboRon
Quote:
Originally posted by morgaine7
Quote:
Originally posted by LB
People renting their homes with out
paying taxes are also targeted.

Apparently this is already happening in Mazatlan.

Kate


When I was renting in Todos Santos the property managers placed an additional 10% rental tax on the bill each month.


Did they give you a factura? if not, they where pocketing the 10%.




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CaboRon
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[*] posted on 7-25-2009 at 05:23 PM


Quote:
Originally posted by JESSE
Quote:
Originally posted by CaboRon
Quote:
Originally posted by morgaine7
Quote:
Originally posted by LB
People renting their homes with out
paying taxes are also targeted.

Apparently this is already happening in Mazatlan.

Kate


When I was renting in Todos Santos the property managers placed an additional 10% rental tax on the bill each month.


Did they give you a factura? if not, they where pocketing the 10%.


I don't know what a factura is .... is it a receipt ?




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[*] posted on 7-25-2009 at 05:41 PM


Quote:
Originally posted by CaboRon
]

I don't know what a factura is .... is it a receipt ?



Yeah Ron...A factura is a receipt from a transaction with a buisness registered with Hacienda. I think it's mandatory that such businesses give one to a customer.
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CaboRon
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[*] posted on 7-25-2009 at 05:54 PM


Quote:
Originally posted by DENNIS
Quote:
Originally posted by CaboRon
]

I don't know what a factura is .... is it a receipt ?



Yeah Ron...A factura is a receipt from a transaction with a buisness registered with Hacienda. I think it's mandatory that such businesses give one to a customer.


I wrote my own receipt, because I wanted something on paper.




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[*] posted on 7-25-2009 at 07:05 PM


a factura can only be given to someone who has an RFC or a tax id # with the mexcian govt.
if you have no RFC then you can only get a nota. which is not legal for business.
i rent places in hawaii and they charge taxes. most of these laws have been on the books but now they are starting to enforce them. when you stay at my place we include the tax. but if your making money it is fair to pay your way. property taxes are not very much. we have about 40 acres it is commerical and part of it is working and our annual property tax is about 1300. dollar a year. not much. no prop 13 here.
the taxes you collect is not your anyway. i think the taxes will be 10% plus 2% as that is for lodging. at least in the north maybe the south is 15 plus 2%
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[*] posted on 7-25-2009 at 07:59 PM


There are many ex-pats offering their services in TS as housesitters, massage therapists, hairdressers, handymen, mechanics ... you name it... who do not all appear to have working papers - and perhaps may not pay taxes either. Quien sabe? I doubt they would appreciate the same thing happening in reverse in their hometown, but for some reason it is seen to be "OK" to do it in Mexico. Why the double standard?
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[*] posted on 7-25-2009 at 08:06 PM


They are tightening up all over. If we musicians want to play in public, we can't do it for money. We have to do the gig as a fundraiser and then get receipts when we hand over the money. Before we even play the gig we have to get permission from immigracion in Santa Rosalia. Then, after we play, we need to go back up there and show them the receipts. I don't mind. I think it is the right thing to do, especially since we raise so much money for good causes. :cool:



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[*] posted on 7-25-2009 at 08:38 PM


Quote:
Originally posted by Acuity
There are many ex-pats offering their services in TS as housesitters, massage therapists, hairdressers, handymen, mechanics ... you name it... who do not all appear to have working papers - and perhaps may not pay taxes either. Quien sabe? I doubt they would appreciate the same thing happening in reverse in their hometown, but for some reason it is seen to be "OK" to do it in Mexico. Why the double standard?


While living in Todos Santos I sometimes felt like a chump because I went through the FM3 process .....

I met many, many gringos who lived there with only an FMT or no papers at all. Many of these people were working.

I met teachers at the Yoga Institute in Pescadero who were working with only an FMT. When I asked them if their employer had gotten the work endorsement they didn't know what I was referring to.

I only met one performer who had actually joined the musicians union and paid their taxes. Many others performed on a regular basis for hire and for so called benefits.

Lots of workshops and services offered in the Baja Western Onion were people without working papers.

This announcement appeared in today's BWO ...

The Sudcaliforniano
25 July 2009
Miguel Rubio

La Paz, Baja California Sur .- Foreigners, mainly from the United States and Canada, are displacing local workers in Todos Santos in various tasks, especially in the construction sector, as announced to The Sudcaliforniano by Mr Leon Hilario Agundez, who requested the intervention of immigration authorities to end this situation.

Also, in this regard, Mr. Agundez said that it is necessary to check the immigration status of foreigners in Todos Santos, that is, whether they are tourists or if they have permission to work in our country. To go yesterday to the wording in order to publicize this, Mr. Agundez, a resident of Todos Santos, Municipality of La Paz, explained that North Americans and Canadians specifically perform plumbing, painting and masonry work. Also, some said, some are paid to care for the property of other foreigners when they leave town, which to the residents of Todos Santos does not seem right, he said.

He reiterated that it is necessary and appropriate that the immigration authorities take in this matter and investigate as to what foreigners in Baja California Sur have permission to work here. "Meanwhile, it is clear that foreigners are displacing us from job opportunities," he claimed. -

[Edited on 7-26-2009 by CaboRon]




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[*] posted on 7-25-2009 at 11:23 PM


Quote:
Originally posted by irenemm
a factura can only be given to someone who has an RFC or a tax id # with the mexcian govt.
if you have no RFC then you can only get a nota. which is not legal for business.
i rent places in hawaii and they charge taxes. most of these laws have been on the books but now they are starting to enforce them. when you stay at my place we include the tax. but if your making money it is fair to pay your way. property taxes are not very much. we have about 40 acres it is commerical and part of it is working and our annual property tax is about 1300. dollar a year. not much. no prop 13 here.
the taxes you collect is not your anyway. i think the taxes will be 10% plus 2% as that is for lodging. at least in the north maybe the south is 15 plus 2%


That is not correct, a factura can be given to someone who doesn´t have an RFC.




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[*] posted on 7-31-2009 at 07:09 PM


Quote:
Originally posted by toneart
They are tightening up all over. If we musicians want to play in public, we can't do it for money. We have to do the gig as a fundraiser and then get receipts when we hand over the money. Before we even play the gig we have to get permission from immigracion in Santa Rosalia. Then, after we play, we need to go back up there and show them the receipts. I don't mind. I think it is the right thing to do, especially since we raise so much money for good causes. :cool:
Toneart, interesting. We were told by migracion to go talk to the Musician's Union in CSL or La Paz. They told us that, if the Musicians' Union said it was OK for us to play, then migracion would give us the authorization to do so. :o

Astonishing. Can you imagine US Immigration telling a Mexican musician that they just needed approval from a US musicians' Union to be authorized to work in the US??? :no:




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[*] posted on 7-31-2009 at 07:47 PM


If you're getting paid for it, it's work.

or, if you're displacing a Mexican who could conceivably get paid for for what you're doing for free, it's work.

[Edited on 8-1-2009 by BCSTech]
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[*] posted on 7-31-2009 at 09:00 PM


Quote:
Originally posted by lencho
Quote:
Originally posted by JESSE
Quote:
Originally posted by irenemm
a factura can only be given to someone who has an RFC or a tax id # with the mexcian govt.

That is not correct, a factura can be given to someone who doesn´t have an RFC.


Hmm, never thought about that. I'm always asked for an RFC when I request a factura, not sure what the reason is for including that info. Also didn't realize I could have one issued without the customer RFC.

Does Hacienda cross-check that information somehow? Do you as vendor have to turn in copies including the customer's RFC?

--Larry


I won't issue a factura without an RFC. Hacienda won't accept it and I can't use it as a deduction. Fact is, I can be fined for it. My facturas are specially printed, numbered, carbon copied and I have to account for every single one. They are print date sensitive and I need to account for unused copies when I reprint. I used to be able to leave domicile and RFC# blank...Not anymore.

Maybe things are different down there.




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[*] posted on 7-31-2009 at 09:10 PM


Quote:
Originally posted by BCSTech
Astonishing. Can you imagine US Immigration telling a Mexican musician that they just needed approval from a US musicians' Union to be authorized to work in the US??? :no:


Regardless, Mexican or U.S. citizen you couldn't work a States union gig without AFM approval. I've been a member for 40 years. Also have a union card from a TJ union. Costs 120 pesos per year.




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CaboRon
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[*] posted on 8-1-2009 at 11:10 AM


Quote:
Originally posted by BCSTech
If you're getting paid for it, it's work.

or, if you're displacing a Mexican who could conceivably get paid for for what you're doing for free, it's work.

[Edited on 8-1-2009 by BCSTech]


If you are playing for a benefit it is also considered work by mexican immigration.




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[*] posted on 8-1-2009 at 12:05 PM


About renting out your house or condo...I can share with you what the local Immirgation office in CSL told our HOA.

This was at one of our semi-annual HOA meetings and there was a surprise vist from them. Not only was this directed to the property rental business that rents several homeowners condos out but also to the indivduals that rent their condos out via the internet. All this was done in Spanish with our attorney translating. We do not rent our condo out but we still found the information very interesting.

We were told:

1. Yes, you can rent out your condo (or homes) however you have to have a FM-3 or FM-2. Also your FM-3 or 2 has to show you are in the rental business. You can not come into Mexico on a FMT. Reason they gave was "a FMT is for tourist and when you rent out your condo you are now conducting business in Mexico so you are not a tourist".

2. Your bank "Fidi" has to read your are doing business. It has to read " rental property business". We assume the bank will charge you to do this.

3. You have to get an RFC #, register with the Hacienda and start paying taxes to the bank.

All I can say there are still people renting and they did nothing to "get legal". Several other homeowners would love to see them "get legal" or stop renting.

[Edited on 8-1-2009 by karenintx]
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[*] posted on 8-1-2009 at 01:48 PM


Karennintx, did they suggest how you would go about letting them (IMS)know
about the illegal renters?
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