Puerto Vallarta, Mexico - Yes Virginia! There IS a Santa Claus! And just like the decorations at Costco, this Santa Claus appeared on September 19 in the form of a missive from SAT clarifying the use of the "Complemento" contained in the Miscellaneous Resolutions issued back in July.
For those not following the news, this was the regulation that stipulated that in order for the notary to issue the deductible CFDI receipt in a real estate transaction both Buyers and Sellers would need to provide a CURP and RFC at closing.
As we had anticipated, this regulation has caused furor among the local real estate community as well as with attorneys and notaries trying to adequately advise their clients. This requirement has most affected the foreign community as those without residency documents are currently unable to obtain the CURP.
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We will keep you updated as we receive news but, in a nutshell, at this time there are no special requirements for Sellers and the only requirement for a Buyer is to obtain the RFC (Taxpayer ID number.)
I would like to give a special thanks to Lic. Javier Mazoy C., an attorney and notary in San Jose del Cabo, as well as to Linda Jones Neil of the Settlement Company for their interest and diligence in this matter in spite of all the other things that are going on right now in Los Cabos. We send them best wishes for a great season and hope to see that everything is back to normal pronto!
Maria O'Connor is the In-House Legal Council for Tropicasa Realty. As an attorney specializing in real estate transactions, Marķa has been at the forefront of the Puerto Vallarta legal community for many years, providing an important service for foreign and Mexican real estate clients alike. Contact her at maria(at)tropicasa.com
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