As of September 1st, 2014, the Mexican Haciendas
(equivalent of IRS and Revenue Canada) introduced a new law that affects all
buyers and sellers of real estate. Buyers are now required to provide an
official “complemento” to prove the true sales price of the transaction so when
they sell in the future, they can take advantage of the Capital Gains Exemption
rule so they can avoid capital gains tax on the sale of their property when
they sell in the future.
The problem arose that to generate the “complemento”, using
SAT (Haciendas) software, it required the buyer to have an RFC (Official Tax
Receipt #) and a CURP which can only be applied for with a Residency Visa. The
problem with that of course is when people are here on a Tourist Visa they
cannot get a CURP # which only is attainable with a Residency Visa.
I immediately wrote our Notario and Expert Guest Speaker,
Jorge Uriate, who consistently finds solutions to these new laws that do not
work (or at least the way we want them to).
So as you can see from Jorge’s note below, he will simply
use different software from the one SAT provides in order to generate the
“complemento”. This will provide the required official confirmation of the
selling price information without the need for an RFC and CURP. Problem solved!
have made some research and these are my comments:
Capital Gains Tax nor its regulations expressly request that a buyer must
have an RFC number before the closing. However, the problem is that the SAT
approved program used to generate the "complemento" requires a RFC
number for the buyers. I am aware that for buyers entering into Mexico with a
simple tourist card it is impossible to get the CURP and the RFC number, so
until a better solution is found, what we are doing is generating an RFC
number with a software program similar to the one used by SAT and we will use
that RFC number to generate the "complemento", thus solving the
some point we will need to approach someone at SAT, preferably in Mexico City
and explain this problem that affects us. I will move my connections in
Mexico City and try to contact someone at "Dirección de Inversiones
Extranjeras" and will keep you posted as changes occur.
If you wish contact details for Jorge, please email