# Getting RFC from the SAT website



## ndee (Apr 4, 2018)

I'm trying to apply for the RFC number, but there is one thing in the online form that I don't understand.
It says: 

¿Su casa habitación o centro principal de actividades por las que recibe ingresos, se encuentra en México?
and I answer Sí 

País de residencia fiscal 
(the list of all the countries excluding Mexico)
But as far as I understand, I do need to enter Mexico because I live here all the time, and that means that I'm a tax resident here.

Am I wrong, or something is wrong with the website?


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## AlanMexicali (Jun 1, 2011)

Your first answer is NO not yes as you do not work in Mexico and recieve your income from Mexico. The second answer will be the country in which you recieve your income from and that is why the list will not include Mexico because of your INM immigrant status as listed by entering your card number as a retiree pensioner residing in Mexico on that status by first showing financial solvency to qualify from pension income from a country you legally came from before being approved for a Residente Temporal or a Residente Permanente visa/card.


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## AlanMexicali (Jun 1, 2011)

Deleted - Duplicate post.


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## surabi (Jan 1, 2017)

AlanMexicali said:


> Your first answer is NO not yes as you do not work in Mexico and recieve your income from Mexico.


I don't know if I'm missing something here, but the OP didn't say why he's applying for an RFC, so why would you assume he is a pensioner and isn't earning income in Mexico?


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## ndee (Apr 4, 2018)

AlanMexicali said:


> Your first answer is NO not yes as you do not work in Mexico and recieve your income from Mexico.


The question is not whether I work in Mexico... it's whether I *live* in Mexico, that's what is written there.



AlanMexicali said:


> The second answer will be the country in which you recieve your income from


No, that's not what the question says. It's about tax residence.

For instance, I want to sell my apartment here in Mexico.


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## AlanMexicali (Jun 1, 2011)

The first question also has "or" is Mexico where you recieve your income from (taxed income). Is Mexico your where you reside. A yes would be the answer to that question but the second question would still be the country you would recieve your income from - not Mexico. It doesn't matter if you sell your apartment here in Mexico when selecting the country your income stream comes from as your Notario/a will have you pay any taxes on this one time sale to SAT but you are not a tax resident because your income was taxed in another country, not in Mexico because you did not earn this money to recieve a benefit from it in Mexico.


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## AlanMexicali (Jun 1, 2011)

ndee said:


> The question is not whether I work in Mexico... it's whether I *live* in Mexico, that's what is written there.
> 
> 
> No, that's not what the question says. It's about tax residence.
> ...





surabi said:


> I don't know if I'm missing something here, but the OP didn't say why he's applying for an RFC, so why would you assume he is a pensioner and isn't earning income in Mexico?


I have bought and then decades later sold 2 houses in Mexicali, Mexico and bought a new apartment in 2014 in San Luis Potosi and recently have helped two friends buy: one buddy a house and two new apartments the last was at this Christmastime. The other buddy from San Diego an apartment in the same new complex as our buddy at the same time and both closed the first week of January and both are on FMM tourist cards.

I also had to get an RFC number to get a work permit added to my 2 year Residente Temporal in 2013 but never worked.

The Notario my buddies used explained what will be required when they wish to sell their apartment/s and it is plain to see anyone with an FMM tourist card can do it and get a RFC number but it is better to have an INM resident visa/card.

I have helped numerous people with their INM visa/cards at our local office and know all of them applied under the financial solvency status which gives you the immigrant status of retiree pensioner for either a Residente Temporal or Residente Permanente visa/card. If he was a foreigner working in Mexico his employer would already have a RFC number for him and he would not now be applying online for one. The Notaria office could help him if his online applicant doesn't go though. They are very good at all things related to foreigners buying or selling property and paying taxes due in my experience.


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## surabi (Jan 1, 2017)

AlanMexicali said:


> If he was a foreigner working in Mexico his employer would already have a RFC number for him and he would not now be applying online for one.


Again you make assumptions based on your own experiences rather than other possible scenarios. I've had a small business in Mexico for 16 years. I never had a "employer"- I had to apply for my RFC myself. So until someone states their circumstances and why they need the RFC, it seems prudent not to assume that someone is a pensioner or that if they are working in Mexico that they are employed by someone else.


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## ndee (Apr 4, 2018)

AlanMexicali said:


> but the second question would still be the country you would recieve your income from - not Mexico.


Not really. The country of tax residence is where you live, not where you get your income from. The only exception to this rule is the US, because their citizens are always considered tax residents of the US. But I'm not from there.


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## AlanMexicali (Jun 1, 2011)

ndee said:


> Not really. The country of tax residence is where you live, not where you get your income from. The only exception to this rule is the US, because their citizens are always considered tax residents of the US. But I'm not from there.


This idea has been beaten to death here and elsewhere over the years but your definition is incorrect in relation to Mexico. We are not discussing other countries.

nomadcapitalist.com › 2020/04/10
What is Tax Residence and Why Does it Matter? | Nomad Capitalist
10 abr. 2020 — A tax residence is any place where you are legally required to pay taxes. ... Having a residence permit in a country doesn't automatically mean that you are a tax resident there as well. And it doesn't matter if your second residence is temporary or permanent."

Mexico doesn't double tax income that is earned abroad. Mexican citizens who are working abroad out of Mexico they will tax the difference what they pay abroad if the Mexican tax rate is higher in Mexico. As far as you paying taxes in Mexico from your tax based abroad income I don't think they care if you are a legal fulltime legal resident.


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## AlanMexicali (Jun 1, 2011)

surabi said:


> Again you make assumptions based on your own experiences rather than other possible scenarios. I've had a small business in Mexico for 16 years. I never had a "employer"- I had to apply for my RFC myself. So until someone states their circumstances and why they need the RFC, it seems prudent not to assume that someone is a pensioner or that if they are working in Mexico that they are employed by someone else.


Good one. Give an example why you can have an RFC number that an employer didn't get for someone when they were hired. Just change in my explanation from employer in my example to self employed person got a RFC number and it comes out the same. If you are a foreigner working in Mexico and already have a RFC number then why in the World would the OP be trying to get one now? Same thing only a minor difference.


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## surabi (Jan 1, 2017)

AlanMexicali said:


> If you are a foreigner working in Mexico and already have a RFC number then why in the World would the OP be trying to get one now?


Your thought process goes along and then hits a brick wall.

The OP never said, in his topic post, why he needed to apply for an RFC. Perhaps, just like me when I got an RFC, he wanted to _start _a business.


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## TundraGreen (Jul 15, 2010)

AlanMexicali said:


> Good one. Give an example why you can have an RFC number that an employer didn't get for someone when they were hired. Just change in my explanation from employer in my example to self employed person got a RFC number and it comes out the same. If you are a foreigner working in Mexico and already have a RFC number then why in the World would the OP be trying to get one now? Same thing only a minor difference.


I worked for the Mexican government for awhile. They did not get an RFC for me, I had to apply and get it myself.


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## ndee (Apr 4, 2018)

AlanMexicali said:


> 10 abr. 2020 — A tax residence is any place where you are legally required to pay taxes. ... Having a residence permit in a country doesn't automatically mean that you are a tax resident there as well. And it doesn't matter if your second residence is temporary or permanent."


If you need to sell your real estate in Mexico, for instance, then Mexico *must* be your country of tax residence. By your own definition.
And how you would do that if you can't even state Mexico as your country of tax residence, huh?


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## AlanMexicali (Jun 1, 2011)

ndee said:


> If you need to sell your real estate in Mexico, for instance, then Mexico *must* be your country of tax residence. By your own definition.
> And how you would do that if you can't even state Mexico as your country of tax residence, huh?


Go ahead and register as a legal foreigner claiming Mexico as your resident tax country because you have your income from Mexico (? ) ignoring/omitting your country of origin where you worked and paid taxes most of your life and now recieve benefits from them from that country if it makes you feel good but it appears the online SAT - RFC form will not allow you to enter Mexico as your resident tax country. Maybe that is what you need to think about now and then make the decision what country you really are a tax resident of?


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## AlanMexicali (Jun 1, 2011)

surabi said:


> Your thought process goes along and then hits a brick wall.
> 
> The OP never said, in his topic post, why he needed to apply for an RFC. Perhaps, just like me when I got an RFC, he wanted to _start _a business.


Are you finished? I feel like both of you are trolling me for no reason other than your own enjoyment, which is irritating.


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## TundraGreen (Jul 15, 2010)

Moderator's Note:
This conversation is no longer constructive, so I am closing it.


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