Invicta Law

Lawyer & Notary Public

Corporation or Fideicomiso (Trust) for your Mexican Property

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Corporation or Fideicomiso (Trust) for your Mexican Property

Buying a property in Mexico for vacations or purchasing it as an investment with the plan of renting it out is something that you have to think about. In this blog we will explain two different legal processes that you can follow to obtain your next property in Mexico.

Mexican Corporation?

For those foreigners who don’t plan to obtain their Mexican residency exist this method: Open a Mexican Corporation. With this way you can avoid the fideicomiso process as the property would be purchased by the Mexican Corporation.

In this case you have to consider: Plan to rent your Mexican Property for income, and purchase more than one rental property.

If you´re not planning to obtain Mexican residency, you may want to know what a Fideicomiso is. 

Fideicomiso (Bank Trust)?

Fideicomiso is an option for those foreigners who: 1. Are planning to obtain their Mexican residency, 2. Want to use their property for personal use (Vacations, etc.) and are not planning to receive rental incomes and 3. Those who will rent their property for income and have already Mexican residency. 

Is important to mention that, if you are planning to rent your property for income, consider your tax obligations in Mexico. You must declare any and all income with the tax authorities, this is a requirement for any person earning income in Mexico. For this you will need to register with the Mexican authorities and obtain your RFC that is a Mexican tax ID. This ID is only available for foreigners with Mexican residency, Mexican corporations and Mexican citizens. 

All foreign individuals purchasing property in a restricted zone (within 100 km of the Mexican border or 50 km from the coast) must purchase the property using a fideicomiso (bank trust).

Some investors without residency and some property owners without residency who rent their properties held in a bank trust do so via online rental companies such as AirBnb. The Online rental companies are required to retain 36% in taxes. (No RFC Needed)

So renting your Mexican property for income or using it as a Vacation destination for friends and family, it is important to consider the different options that you have. It is also important to know which option best fits your needs. If you need a professional attorney contact us. 


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