mvbigelow
Newbie
Posts: 10
Registered: 8-21-2020
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ISO of attorney who can help us create an US LLC for mexico property
Hello! I am buying a house in Loreto and need to put it into an LLC but so far am not able to find a single qualified person (attorney) who will
respond to us.
any suggestions? We need to do this pretty quickly.
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elgatoloco
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Posts: 4324
Registered: 11-19-2002
Location: Yes
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https://www.legalzoom.com/business/business-formation/llc-ov...
MAGA
Making Attorneys Get Attorneys
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gnukid
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Perhaps you are referring to a Mexican Corp? A Mexican Property must be owned by a Mexican individual, Fidicomiso (trust), or Mexican Corporation
which is made by a Notario in Mexico, often with advice from a Mexican lawyer.
Businesses in Mexico must file taxes with SAT. Business profit in Mexico is reported in Mexico, business profit in USA is reported in USA.
Starting/stopping an LLC in USA is much more simple than in Mexico but likely serves no benefit for ownership of the Mexico property?
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BajaTed
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Leasing property in Mexico has nothing to do with the IRS.
If an LLC in U.S. has a leased property in Mexico as an asset, so what
If an LLC is used as obfuscation of ownership of an asset related to a divorce, at least name the LLC after her 
Es Todo Bueno
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Loretana
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Location: Oregon/Loreto
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Mood: alegre
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A reputable Mexican Real Estate Attorney
The Law Offices of Rafael Solorzano
664 188 7001 He will respond. You can also reach him on Facebook.
"If you want to find the secrets of the universe, think in terms of energy, frequency and vibration."
-Nikola Tesla
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Denverlittleton
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If an American llc owns a Mexican corporation and the Mexican corporation owns real estate. Would the cost of the purchase be an investment from the
American llc and then be a business expense?
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CasaMaximus
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My interpretation of the original question was that the author was under the impression the property could be held by an LLC established in the
North. As noted a Mexican Corporation may hold title, while incorporating in Mexico isn't prohibitive, it is easier and far less costly to establish
a fideicomiso and pay the annual fee unless you are actually involved in commerce.
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CasaMaximus
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The process of incorporation contains many steps with strict rules. The process can take a long time if you don't understand the local regulations and
policies.
Choose the type of entity
The first step to incorporating a business in Mexico is deciding if the business will be a Mexican entity, a branch or a representation office.
Understanding the kind of corporate governance and what types of activities the business will be doing, can help with the decision of the type of
entity they need, or if a branch or a representation office will be better. It is also important to decide if a person will physically be in Mexico
for the incorporation or if they will assign the process to an expert in Mexico which can assist and make the process much easier.
Choosing a name
If the incorporation of an entity is the final decision (a branch and a representation office are an extension of the foreign company in Mexico), it
is time to decide what the name of your business will be. It is important to come up with three choices to request to the Ministry of Economy. This
process can take anywhere from three days to a week for them to tell you if the name is already taken or if it is approved.
Create and sending in your documents and bylaws
Obviously in Spanish. If the Mexican entity will have foreign shareholders, there are many documents needed to formalize the incorporation. Some of
the documents need to be notarized and apostilled or legalized, (depending if the country has entered into The Hague Convention) in order to be
effective in Mexico. The role of a notary in Mexico differs greatly than in many other countries. In other countries, a notary will be a witness and
also sign a document. In Mexico, a notary is an experienced lawyer who passes a very hard exam in order to be entitled to act as a Public Notary.
If someone in Mexico will be assisting with the incorporation and will act on behalf of the foreign shareholders, a specific Power of Attorney (PoA)
is prepared and sent in order to be signed by the Shareholder or its representative(s), which will have to be notarized and apostilled in order to be
effective in Mexico.
While all the information is being formalized, the bylaws can begin to be drafted. In Mexico, all corporate entities need to have bylaws. The Articles
of Incorporation, will be added according to the bylaws (and included in the same public deed) specifications. It is mandatory that the bylaws of any
company be notarized. After the documents are signed and submitted, this completes the legal process of incorporation. The timeline to finish this
step can vary depending on the when the signed, notarized and apostilled original documents are received. Whenever the notary receives everything,
signing the incorporation should take less than 10 business days.
Get a Tax ID
Your newly incorporated company needs a Tax ID number to conduct business in Mexico. Foreign shareholders must note that a Tax ID needs to be
requested by a Mexican resident or citizen only. By knowing this in advance, the correct person will be granted the PoAs to get the Tax ID. If this is
not thought out before, then the shareholders will have to hold a meeting to pass a unanimous resolution granting PoAs to a Mexican resident or
citizen to get the Tax ID. Without the Tax ID number, all further mandatory registrations like, registering before the Foreign Investments Registry,
applying to opening a bank account or issuing invoices, will not be possible.
The person who is acting on behalf of the company will go in person to the Tax Authority with the Articles of Incorporation to request the Tax ID.
This step can also be fulfilled by the notary, however the representative has to go to the notary´s office to sign the request of the Tax ID, which
is faster and easier. Finally, it is very important to take into consideration that in order to get the Tax ID, the business must have a physical
office in Mexico which needs to be evidenced by an authorized proof of domicile. This is one of the hardest parts of incorporation since there are
very few documents that the Tax Authority and other governmental authorities accept.
Get a bank account
Newly incorporated companies need to have a Mexican bank account since taxes can only be paid by Mexican banks. Foreign banks do not have the platform
used by the Tax Authority to receive tax payments. This process can only take place after the business has already received the Tax ID and the process
can normally take 1.5 to 3 months to be set up but plan on double or three times that during a pandemic.
Best luck.
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