By Ángel Marín Díaz
Sandy, from Chicago, Illinois:
I am here on a tourist visa and it’s about to expire. Yikes! I don’t want to travel now and go back to the states. What can I do?
Angel:
Hi Sandy. Don’t worry. There is the option available to extend your legal stay in Mexico for an additional 180 days from the date of expiration of your current visa. We simply apply on your behalf for a humanitarian visa, which takes about three weeks to receive. At this time all applications are being approved.
John and Jane, from Boston, Massachusetts:
Hi, Angel. Thanks for doing this for the community. You are much appreciated!
We have seen many services offered posthumously to deal with the possible litigation and bureaucracy that follows the death of a foreigner in Mexico. They seem to be all over the place in terms of pricing and each advocacy group handles a piece of the puzzle, but none of them apparently handles the «beginning to end» circumstance, if you will. What do you recommend?
Angel:
John and Jane, you are absolutely right, there is a long list of things that need to be taken care of after a member of the guest community passes away, beginning with funeral services, medical death certificates, state-issued death certificates, notification to the embassy of the deceased’s country of origin before even entering next-of-kin notifications, and all subsequent situations such as distribution of estate assets, liquid assets, personal possessions, and debt settlement. There is a “one-stop shop” policy available here in San Miguel that caters to all of this as well as interfacing with family left behind in order to ensure a smooth transition and a peaceful process for heirs that embraces and bridges the language barrier as well as contemplates the legal and fiscal ramifications for all. This policy also covers the inclusion of a primary emergency contact if something happens to you anywhere in the Mexican Federation as well as the creation of the numerous documents that are adapted to assimilate them under Mexican law, such as an advance medical directive, last will and testament, durable power of attorney and DNR. The program is called AfterLife™. Please contact me directly for more information.
Will and Patricia, from Portland, Oregon:
Hi, Angel. We recently (December 2021) purchased our first home in SMA! Hooray! We received our temporary visas and are hearing mixed messages about whether a temporary residency versus a permanent residency allows us to take the capital gains exemption when/if we sell. Help!
Angel:
Hello, Will and Patricia. The long and the short of it is that they both CAN allow you to take the full US$225,000 capital gains deduction, but the rules have changed slightly. If you have temporary residency, you can claim the full deduction when you are able to prove that at least 50% of your income derives from Mexico. This proves impossible for most of the retired guest community. So while the answer is yes, few people will be able to take the exemption. Apart from voting, as a permanent resident you enjoy all the same rights and benefits as a Mexican national, meaning that with a few simple documents, such as your electric bill, phone bill, and a few others, each owner of a home can claim up to the full exemption. This process should involve a title company and their attorneys to ensure proper filing when the time to sell comes around. Welcome to SMA!
Sam, from Delaware, Massachusetts:
Hi, Angel. Can you explain the risks of NOT following protocol for IMSS when it comes to building a home in Mexico.
Angel:
Hi, Sam. Under the Employer’s Regime, here are some of the risks that a person can incur when building a house or an addition to a house without registering with the Mexican Institute of Social Security (IMSS):
● A fine by the IMSS. In the same manner, required payments can be converted into a tax credit, which can be collected via an enforcement procedure. It could also involve the seizure of one’s assets to guarantee said fine through the auction of seized goods.
● An allegation by workers which could lead to the payment of more fines by the authorities and the hiring of lawyers.
● An employer who does not register his workers becomes a jointly responsible person, meaning he is responsible for the worker. A construction site offers an even more delicate situation because if any of the workers are injured the employer must take the responsibility of the medical expenses in case of not having medical attention by the IMSS.
The best way to achieve proper adherence to IMSS protocols is through proper legal and fiscal representation in and throughout the construction process.
Thank you all for your questions this week. For more specific information on Inmtec Legal Services™, Inmtec Title Services™, Inmtec Insurance™, Estate Planning, Asset Protection, and AfterLife™ Medical Advocacy by Inmtec™, please contact Angel Marin Díaz at info@inmtec.net, 415 121 9005 and 415 121 8943.
