Visas, AfterLife™ and IMSS 

Sandy from Chicago, IL.

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. 

Hi Angel, thanks for doing this for the community, you are much appreciated! Our question is: 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 prices and each advocacy group handles a piece of the puzzle. but none of them apparently handle the “beginning to end” circumstance if you will. What do you recommend?

Angel.

Hi 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 assets estate. , liquid assets, personal possessions, debt settlement, and estates.

There is a “one-stop shop” policy available here in San Miguel Allende that caters to all of this as well as interfacing with family left behind to ensure a smooth transition and a peaceful process for heirs that embraces and bridges the language barrier. , as well as contemplate the legal and fiscal ramifications for all.

This policy also covers the creation and 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 the 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 visa, and are hearing mixed messages about whether a temp residency VS 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 USD 225,000 approximate 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.

As a permanent resident you enjoy all the same rights and benefits as a Mexican National (apart from voting), meaning that with a few simple documents like 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 closing agency and their attorneys to ensure proper filing when the time to sell comes around. And welcome to SMA!

Sam from Delaware

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, here are some of the risks that a person can incur when building a house or addition to a house without registering with the Mexican Institute of Social Security (IMSS) under the employer´s regime:

● Fine by the IMSS: in the same manner it can be converted into a tax credit, which can be collected via an enforcement procedure, and also it could fall into the seizure of their assets to guarantee said fine through the auction of the seized goods.

● An allegation by workers: which would 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, even more, a delicate situation for a construction site, since, if any of the workers is 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 the author: Angel Marin Díaz at: info@inmtec.net 415-121-9005 and 415-121-8943