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Buying Property In Mexico
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Mexican Legislation In Mexico there is what is known as the Restricted Zone. The Mexican Constitution prohibits foreigners from direct acquisition of land and waterways within a distance of 100 kilometers from any frontier and 50 kilometers from any coast. Such regions are known as "Restricted Zones". This means that, for example, the entire Baja California peninsula is in this restricted zone. However, given that most foreigners wish property in the coastal areas, in 1993 Mexico liberated ownership provisions of property in the Restricted Zone and passed the Foreign Investment Law. Outside the Restricted Zone or within Mexico, foreigners can acquire direct ownership and buy any kind of real estate they like. This is as long as they abide by Mexican law and waiver their rights to any foreign government intervention in case of legal conflict. Foreign Investment Law The purpose of the Foreign Investment Law (FIL) is to promote Mexican and foreign investments in Mexico. It was passed with the intention of encouraging fair and balanced development, all the while maintaining the country's economic independence. The FIL specifies the rights and obligations of foreign capital when it comes to investments. FIL and the Restricted Zone: The FIL specifies that by establishing a bank trust (or a “fideicomiso”) foreigners can obtain the rights of ownership of real estate within the Restricted Zone. This also includes property intended for industrial or tourism purposes. These rights of ownership means that foreigners can use, improve, rent or even sell their property as though they directly owned the property. For non-residential or commercial property, another way to invest instead of setting up a bank trust is to buy the property through a Mexican corporation. Depending on the nature of the business, a foreigner can own 100% of the corporation as long as they agree to be subject exclusively to Mexican Law. |
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Other Articles |
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The Apostille – Making a Document Legal for Use in Mexico
In Mexico, the ONLY authority permitted to draft a deed transferring real property or an interest in real property (such as the fideicomiso) is the Mexican Notary Public. This person is different from a Notary Public in the United States where a simple exam, bond, and a rubber stamp can make a Notary Public out of most people.
| | The Legal Aspects of Living in a Condominium
The cottage on a tiny individual lot or the mansion built on a grand expanse of land. This type of home ownership has been the dream of many in the Western world where land has been plentiful and where the family lived in ONE home and did not have other properties for vacations, recreation and retirement.
| | Ejidal Property … Is it a bargain? Or a problem?
EJIDAL (EEEE-heee-doll) properties were established in Article 27 of the Mexican Constitution of 1917 as an outcome of the revolution and represent probably 50% of all the land in Mexico.
| Selecting a Property Manager
Everyday more and more foreigners, people from the U.S., Canada, Asia and Europe, have found Mexico to be an ideal location for healthy retirement. Others have come to Mexico as a result of job transfers. Others still, taking advantage of electronic and wireless communications, seek out delightful areas in which to live and work from their in-home offices and studios.
| | Tax on Profits from the Sale of Mexican Real Estate
There is a lot of misinformation on this subject, such as: "Ïf you become a Mexican citizen you have no tax to pay when you sell real estate"....................... or "With a FM-3 and some receipts, you will be exempt from paying capital gains
on the sale of your vacation house in Mexico"
| | Buying Real Estate in Coastal or Border Areas
Laws regulating ownership of real estate in Mexico are different from those in other parts of the world largely due to Article 27 of the Mexican Constitution of 1917, which prohibits foreigners from owning residential real estate within 30 miles (50 km.) of anycoastline or 60 miles (100 km.) of either border. These areas are known as the “restricted” zones.
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