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Send ALL correspondence to:  bajaponyexpress3@gmail.com

September 22, 2009 - #644
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New Pet Travel Regulations:

With regard to a posting on 9/19 that each dog must have a separate document from a vet stating the dog has no worms or parasites, does anyone know if this relates to cats also? I discovered when making my plane reservation that the health certificate required for pets must now be within 5 days of travel, not 10 days as in the past. Also, when going through customs last spring, I was told that all documents for the Mexican authorities must now be originals, not copies, and they threatened to confiscate my cat and it took me some time to talk them out of this! Is there anyone who can confirm any of this information or a place to get this verified? Thanks, Mary Fedorka,   bm@fedorka.com

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I need some info from the construction store in Los Barriles. I would greatly appreciate it if someone would get me the following information on one of your trips to the store. I don't expect a special visit.

What are the specs for the galvanized poles they stock?
The nominal size and gage or the specific inside and outside diameter, and the various lengths. I am trying to buy connectors in the States that will fit their poles.  Thank you

Diana Morgan
The1DianaMorgan@yahoo.com

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Larry left from El Toro, Ca on Sat 3pm. He was driving the Suburban- no trailer
At the border, there was a red light/green light
He got the green light, but was pulled over. He showed his FM2 and they let him go.
Several (I think 5) military stops. no one pulled him over. only the M
exicans.
He spent the first night in Catavinia. Arrived in Buena Vista at 5:30 pm on Sunday. (note, he is not a fast driver... 60-65 max but steady)
Mulege was really hard hit. Clearly, this area took the hardest hit and needs the most help. He left bags of clothes, meds, personal needs, at the Fire Dept and THEY WERE MOST GREATEFUL.. ANY ONE DRIVING SOUTH, can help by leaving things with the Fire Dept.
No road problems at all.
Gas station at the north end of Santa Rosalia (on the right driving south before town) tried to ripe him off- miss set the meter and then tried to charge twice... but backed off when he called them on it...
Martha

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Has anyone who recently crossed the border at either Tijuana or Tecate traveling south, noticed any change in procedure by the Mexican immigration/custom people? We've got a trailer load of clothing and other items for the people in central BCS who experienced extensive hurricane damage and were wondering.... thanks. Ivan and Annette (Please answer to: bajaponyexpress3@gmail.com )

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IRS Discussion Note: I'm getting duplicate information and they're all very lengthy. I'm thinking this may be enough information unless someone has something short and decisive to say and not "Bloggie".   Thanks, Cheryl

          a. I had a conversation yesterday with the IRS agent in charge of the Voluntary disclosure program for Southern California and he stated that the IRS is not interested in our homes held by a trust ( Fideicomiso) unless they are generating income and there is no need to file form 3250 and 3250 A. I also have an inactive Mexican corporation whose only assets are 2 pieces of Mexican property and he stated that the IRS is not interested in it until which time the assets generate income or are sold and create a capital gain.
The only form I am required to submit is TDF 90-22.1 which asks to list all Mexican bank accounts and Mexican investments that are valued at more than $10,000.00 USD. gaillynnweaver@aol.com .

          b. It is still not clear. Some special agents say it is reportable, others say no. I had put the question to special agent Arlette Lee Thursday. She met with an IRS coordinator on Friday and sent me an email Friday evening. She was told by the coordinator that fideicomisos are reportable and to facilitate reporting before the September 23 deadline all that is needed is a phone call to any IRS CI office and provide them with identifying information. In due time they will contact you to assist in the filing. Not all agents have received this information as of Friday afternoon. Read FAQ 37 carefully. It supports this decision.
Tom Spradley

          c.  After reading the posting 9/18/09-10:30am RMT- I went to the referred website and read the question with a completely different impression. I have attached the question on IRS website and it is for every one. Paul Jubb   pilothere@pauljubb.com  .
Voluntary Disclosure: Questions and Answers

Q37. Re: Q&A 20 A taxpayer owns valuable land and artwork located in a foreign jurisdiction. This property produces no income and there were no reporting requirements regarding this property. Must the taxpayer report the land and artwork and pay a 20 percent penalty?

A37. Q&A 20 relates to income producing property for which no income was reported. Under those circumstances, no distinction is made between assets held directly and assets held through an entity in computing the 20 percent offshore penalty. However, if the taxpayer owns non income producing property in the taxpayer’s own name, there has been no U.S. taxable event and no reporting obligation to disclose. The taxpayer will be required to report any current income from the property or gain from its sale or other disposition at such time in the future as the income is realized. Because there has as yet been no tax noncompliance, the 20 percent offshore penalty would not apply to those assets. If the foreign assets were held in the name of an entity such as a trust or corporation, there would have been an information return filing obligation that may need to be disclosed. See Q&A 42.

Q42. Q&A 9 states that a taxpayer who only failed to file an FBAR should not use this process. What about a taxpayer who only has delinquent Form 5471s or Form 3520s but no tax due? Does that taxpayer fall outside this voluntary disclosure process?

A42. A taxpayer who has failed to file tax information returns, such as Form 5471 for controlled foreign corporations (CFCs) or Form 3520 for foreign trusts but who has reported and paid tax on all their taxable income with respect to all transactions related to the CFCs or foreign trusts, should file delinquent information returns with the appropriate service center according to the instructions for the form and attach a statement explaining why the information returns are filed late. (The Form 5471 should be submitted with an amended return showing no change to income or tax liability.) Send copies of the delinquent information returns, together with copies of tax returns for all relevant years, by September 23, 2009, to the Philadelphia Offshore Identification Unit at:

Internal Revenue Service
11501 Roosevelt Blvd.
South Bldg., Room 2002
Philadelphia, PA 19154
Attn: Charlie Judge, Offshore Unit, DP S-611

The IRS will not impose a penalty for the failure to file the information returns.

Q43. Re: Q&A 9 A taxpayer recently learned that they have an FBAR filing obligation but they do not have sufficient time to gather the information necessary to properly file the FBAR by the June 30, 2009 due date. How should the taxpayer proceed?

A43. Taxpayers who reported and paid tax on all their 2008 taxable income but only recently learned of their FBAR filing obligation and have insufficient time to gather the necessary information to complete the FBAR, should file the delinquent FBAR report according to the instructions (send to Department of Treasury, Post Office Box 32621, Detroit, MI 48232-0621) and attach a statement explaining why the report is filed late. Send a copy of the delinquent FBAR, together with a copy of the 2008 tax return, by September 23, 2009, to the Philadelphia Offshore Identification Unit at the address in Q&A 9.

In this situation, the IRS will not impose a penalty for the failure to file the FBAR.

Additionally, if all 2008 taxable income with respect to a foreign financial account is timely reported and a United States person only recently learned they have a 2008 FBAR obligation and there is insufficient time to gather the necessary information to complete the FBAR, the United States person may follow the procedures set forth above and no penalty will be imposed.

For 2008 tax returns due after September 23, 2009, the tax return does not need to accompany the 2008 FBAR.

Q44. Re: Q&A 12 The due date for the 2008 FBAR is June 30, 2009. Should a taxpayer file a 2008 FBAR in the normal manner or should a taxpayer submit it with the voluntary disclosure request?

A44. Except as described in Q&A 43, the taxpayer should timely file the 2008 FBAR in the normal manner by the June 30, 2009 deadline and submit an additional copy with the taxpayer's voluntary disclosure.

Q45. If

www.irs.gov/voluntary disclosures


          d. As most are aware the IRS extended the deadline for reporting foreign trusts, bank accounts, and corporations under the Voluntary Disclosure Program to October 15.
I phoned and told them I had contradictory opinions from twho different VDP offices on whether it is necessary to file for a fideicomiso. I received the following email from the IRS media office this morning (Monday, Sept, 21.) I have asked the media office to make an official release of this information so we do not need to rely on various offices with differing opinions.:

Tom,
Here's what I am told:

The response at the bottom of the string from Special Agent Arlette Lee has everything correct. The Fideicomiso is a foreign trust that needs to be reported annually on form 3520A and on form 3520 in any year when a reportable event (e.g. putting property into ot taking property out of the trust) occurs. The failure to file these forms can be cured without penalty by making a voluntary disclosure and filing the delinquent forms for the last six years, so long as the property in the trust is non-income producing. That is FAQ 42. If it is rental property and the income was not reported, the 20 percent penalty may apply to the taxpayer’s equity in the property, or the actual penalties may be lower if the taxpayer had reasonable cause for not filing the forms.

FAQs: http://www.irs.gov/newsroom/article/0,,id=210027,00.html

Main page: http://www.irs.gov/newsroom/article/0,,id=206012,00.html?portlet=7

Good luck!


          e.  I just got this back from our IRS office in Oakland, Ca. I sent her the information regarding not having to file from the BPE (see below) and this was her answer.

We have heard that this information is going out, it is incorrect. We have been having an issue with other Field Office's and have taken this to our HQ in Washington DC. We have been very involved in this issue and have given you the correct information. You do need to be in the program and yes you are required to file the forms. I have placed into the program and you are in a good position.
If you know of other people who have heard this same information please share with them what I have stated here.
Thank you for checking.
Karyn Fonseca
510-637-2672

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          f.  here's an IRS Q&A on the amnesty (which was extended today to October 15). #42 may be of interest to those who have reported all income from their property held in a fideicomiso or who have no income to report.

http://www.irs.gov/pub/irs-utl/faqs-revised_6_24.pdf

In 2007 and, again, in 2008, the American Institute of Certified Public Accountants (AICPA) asked the IRS to rule as to whether or not a fideicomiso is a foreign trust for purposes of filing forms 3520 and 3520A.

http://tax.aicpa.org/NR/rdonlyres/4A148AAA-8B05-4185-940C-D50B9C9C6F79/0/Response_to_5_07_Qs_clean_03_03_08_e.doc.

To my knowledge, the IRS never responded to the AICPA. So, quien sabe?
John

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RIDES FOR PEOPLE AND STUFF

I have a letter to be mailed in the US.
If you are flying out soon and don't mind posting this, please let me know.
Thanks, Pam pamelagray@mac.com  141-0837


NOT WANTED - Repeats ONCE a week - Subject to Editing! Use link to Craigslist.com Works Great!

          a. 8' X 16' Haulmark Cargo Trailer:
Like new, totally enclosed, 8' X 16' Haulmark cargo trailer. Twin 5,000# axles, torsion suspension, radial tires (incl. radial spare) & electric brakes. Double rear cargo doors and right-front side single door. Haulmark "E-Track" cargo tie down system. See link to Baja Craigslist below.
Photos and contact info at: http://bajasur.craigslist.com.mx/for/1385253590.html
Located in Cabo San Lucas.

          b. No longer needed: 5x8 enclosed cargo trailer to be seen in Craigslist, cars & trucks FSBO, new in April. 624-16 15148

WANTED

Computer Wanted for University student in La Paz. My budget is $250, but I really needed it to continue my 7th semester in medicine. Please help me!
Edgar Rosas Ph 612 15 47482 email: backspider_badboy@hotmail.com


RESTAURANT NEWS

 TO ALL OF THE BAJA PONY EXPRESS READERS:
ANOUNCING A NEW PLACE IN LA RIBERA FOR SATURDAY´S BREAKFAST AT CARMEN´S KITCHEN.

Carmen is fighting against cancer and she is doing this cooking thing to raise funds for a test she needs that is above her (and her family) budget. And one of the main reasons she is doing this. Besides her love to cook and be active.

Would like to announce that from 12 of September and every Saturday then on starting at 8:00 A.M. Carmen´s Kitchen is offering a great Buffett-Breakfast with a Price of 80.00 pesos per person.

Carmen´s Kitchen is at the garden of Memo Sandez house (right next to San Sil the hardware store). Due to limited seating space, please make your reservations calling at 130 0021.

The place is in La Ribera at the end of Blv. Elektra (the last street parallel to the beach). Before starting the dirt road to Rancho Leonero.

It will have Breakfast-Buffett every Saturday featuring two main Mexican dishes with all the traditional elements on a buffet as fruit, juices, eggs any style, bread, etc, etc, etc,etc.

THANKS.
DO NOT MISS IT!!!!!


BAJABIZ - Repeats in TWO weeks

Wolf Property Management & Rental Services (office behind "El Barrilito" Restaurant next to Naty's Salon) - Our main service is the maintenance and care taking of your property while you are away. We pay your bills, supervise your staff (cleaning, gardening, pool service), we check your property regularly to make sure everything is in order so that problems can be taken care of immediately. We also supervise any kind of remodeling or repair work to make sure it is done well and for a fair price.

Wolf Vacation rentals - We rent your property and pay your Mexican rental taxes, to make renting risk free and legal. We offer our services for Los Barriles, Rancho Leonero, Spa Buena Vista, Punta Pescadero, Las Tinas all the way to El Cardonal.

Note: We still have "Gringo Pages" English Telephone directories available at our office...come and pick up your free copy!
Summer Office hours: 10am to 2.30pm and 4pm to 5:30pm Monday to Friday.

For more information or a property management package for your needs contact Kati or Hector at:
info@wolf-pm.com
www.wolf-pm.com
www.wolf-pm-rentals.com
Nextel / Local Phone (624) 188 30 29 or 27
International Phone: (011 52 - 624) 188 30 29 or 27
Sprint / Nextel Direct Connect: 72 * 796908 * 1

REAL ESTATE - Repeats in TWO weeks

BAJA CASA for rent in Spa Buena Vista--fully furnished with WIFI, 3 bed, 3 bath, fenced yard with mature plants, one minute walk to the beach, only a few minutes from Hotel Buena Vista Beach Resort for boat rentals, swimming pool, etc. Call or email Bill at wonnorth@pacbell.net  or call (530) 306-1910.

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