BajaNomad

Need assistance on starting a business

BajaWaverunner - 6-16-2010 at 01:21 PM

I am thinking about starting a boat tour business in the Cabo area - not sure exactly what - maybe a sightseeing boat tour or a fishing tour business. Is there anyone with experience on the following:

1) How to import a boat into Mexico to be used in a business. Also, if the boat is purchased in California, how to avoid CA sales/propoerty tax since the boat will be immediatley exported to Mexico. Cost for importation.
2) What sorts of permits are required - costs for these permits.
3) How to start a legal company as a gringo - costs associated with this.
4) Immigration hurdles that I need to overcome
5) Any other hurdles that i need to overcome.

Any insight would be very helpful. Thanks!

JESSE - 6-16-2010 at 01:26 PM

Don't start anything until November.

BajaWaverunner - 6-16-2010 at 01:27 PM

Why? because low season is starting?

gnukid - 6-16-2010 at 01:34 PM

Here you go, you might create a company RFC which you run and are the only employee or no employees, then lease the boat to Mexican Captains with each of their own companies with valid RFC #. Go to a Notaria who you trust to set up your company and specify your company name (suggest three names) your company type, example Sociodad Autonomous Capital Variable, and your activities and pay the Notoria typicially US $1000 or less. The RFC must be registered with the Hacienda but you must have a valid visa application in progress sort of the chicken before the egg (which can be completed with the RFC constancia complete), you will need an accountant and legal representative which in some cases could be the same person or in rare cases could be you if you can handle it. Not sure whether you can do this alone or require a second associo for your foundation (corp). You will also need to register at the office of foreign economic investment.

Might be worthwhile to meet some others who do this, and ask about captains in the region whom might be reasonable, perhaps, go slow. Good luck

BAJA.DESERT.RAT - 6-16-2010 at 02:04 PM

Hola bajawaverunner, laws have changed a bit since i formed my mexican corporation in 2006 as i spoke with the owner of buzzards bar here in los barriles and she said she bought the business with an fm3, probably a working fm3, no corporation.

at the time, it required two people to be named in the corporation and my notario set my son up as the second party. as he is in the states, we arranged a power of attorney to me.

i had a sportfishing business listed in my corp. and i was told that a mexican has to have 51% of a fishing business. nix on that as i will have nothing to do with outside the family partners.

as i had decided not to start a business due to the economy, i had my corp. " put to sleep " or otherwise, inactive but still have to pay an annual fee for it and a fee to hacienda. it cost me $ 2,000.00 U.S. at the time to form the corp. i'm thinking of selling it as i don't intend to start any business in the near future.

jesse stated not to do anything until november but i don't know why. perhaps it is due to the christmas and new year's holidays as nothing gets done from about two weeks before christmas and two weeks after new years. the mexican people take their holidays very seriously. trust me, NOTHING GETS DONE !!!

i believe your first step is to speak with a notario and then get an attorney. if you like, i have the names and numbers of both that are highly recommended. send me a u2u if you like.

mexico is not employer friendly and there are so many costs and pitfalls involved and labor issues. you should seek advice before you get your feet wet.

BIEN SALUD, DA RAT

karenintx - 6-16-2010 at 02:07 PM

Hola BWR and a big welcome. Just a couple of quick questions...

How much time have you spent in the CSL area...are you living here now?

Have you spent much time at the marina or Medano Beach area?

Reason I ask...we live here nine months of the year. There is lots of boat tours, fishing boat, etc. Not trying to talk you out of your adventure...take it slow and don't jump in too fast.

Good Luck.

bajalou - 6-16-2010 at 02:10 PM

Maybe Jesse was talking about the changes that always follow elections.

Warning!!

Dave - 6-16-2010 at 02:13 PM

Unless you enjoy pi$$ing away time and money...

Don't do it.

It takes years for a foreigner to fully understand and successfully negotiate the labyrinth of doing business in Mexico.

The deck is stacked against you.

You'll get eaten alive.

monoloco - 6-16-2010 at 03:20 PM

Most of the boat tour operators in the Cabo area are going broke. It used to be a good business but over the last few years many operators have come from Puerta Vallarta and other areas and now there are way too many and they are undercutting each other trying to gain market share, making it hard for anyone to make a profit.

Skeet/Loreto - 6-16-2010 at 03:23 PM

Waverunner"

First: Learn basic Spanish.
Second: Contact a Norteria in La Pas; I would recommend Miguil Isquiredo.


I and my wife had a Corp. and operated business for 15 years. I had no trouble at all. Just obey their laws and keep your mouth Shut about "How it is done in the States"

Skeet

A good start

Dave - 6-16-2010 at 04:01 PM

Quote:
Originally posted by Skeet/Loreto

Second: Contact a Norteria in La Pas;




Never assume any notario or abogado will work exclusively in your interest or that attorney client privilege is absolute.

Bob and Susan - 6-16-2010 at 04:06 PM

you need to find out the actual stats of vacationers in Cabo

i'll bet you'll find it's WAY down

BAD time to start a business

i agree with dave and jesse

k-rico - 6-16-2010 at 04:07 PM

A gringo taking business away from the locals??

Be prepared to lose everything. Probably between 1 AM and 4 AM.

Different, if any, rules down here.

[Edited on 6-16-2010 by k-rico]

Skeet/Loreto - 6-16-2010 at 05:04 PM

Waverunner"

You must realize of Course, that some of the "negative comments" come from People who do not have any experience of Knowledge about the Question!

The Mesicano People did not Trust the Americano.Canadian so they ask me to buy their Property and sell it. The Americano/Canadian did not trust the mesicano so I bought the property for whatever the Mesicano and I thought was fair, then sold it for a Fair price.

It is very easy to do business in Mesicao or any other Country ifyou deo not"Lie, Cheat, nor Steal"".

That is the cause of many problems all over and especially in the States where the Younger Generations are being taught to "Lie, Cheat and Steal".

When you get to La Pazx go see Jesse, then go look and the Temple jus to the South of the Catholic Misson Dowtown, it is a 32 Degree Scottish Rite Temple.

Another thing, be careful of the type of People you deal with in Cabo. They are very different than those in La Paz.

Hope all works out for you.

Skeet/Loreto - 6-16-2010 at 05:12 PM

Waverunner:

I am going to advise you to purchase your boat in Baja. It will of course depend on the type of operation that your are interested in.

The 22 Ft. Panga is the very Best all around Boat built for the Sea of Cortez, but if you are going for more than 3 Fisherman at a time you will need a Bigger Panga.

I would not have the Balls to fish commercial in an American Boat in Baja!

monoloco - 6-16-2010 at 05:29 PM

I have a friend that lives in Cabo and runs a once thriving charter boat business, believe me, business is very slow and problems numerous. I am not trying to discourage you from starting a business in Mexico, Mexico can be a good place to do business but IMHO, pick a different business.

irenemm - 6-16-2010 at 06:56 PM

The employee always wins in Mexico. You hire them pretty much for life. After 28 days they are yours forever or they will cost you plenty to get rid of them. Even if they are thefts you will lose. Jesse said after November because there are election on the 4 of July and then they take office in November.
It is not easy running a business in Mexico. Get yourself 2 good lawyers and 2 good accountants. Don't tell them about each other. Even if your the only employee you have to get lots of stuff.
Good Luck.
Tourism is really down. On all the Baja.

Curt63 - 6-16-2010 at 07:15 PM

You may want to talk to Ed in Mulege. It was a very lengthy, complicated process. He says he's legit.


Eduardos Ecomundo

Another guideline that would apply is you cant take a job away from a Mexican. You would need to offer a service that no mexicans offer

BAJA.DESERT.RAT - 6-16-2010 at 08:21 PM

Hola, yes, the employee always wins in mexico, BUT...there is a process called outsourceing which is like going to an employment agency in the states and they have to take care of all the employee situations, which are plentiful in mexico.

i would imagine hearing all the pros and cons, you will get more cons as mexico is not employer friendly.

i would suggest that you speak with an established business run by an american and ask what the pitfalls are and, there are many, PITFALLS, THAT IS.

then, ask about a reputable notario and attorney. in mexico, it takes three years to become and an attorney and it takes three more years to become a notario and then, you have to be appointed ! hmmmm....sounds like future mordida !!!!

in the u.s. a notary public is vastly different, a few questions and bingo, you're a notary. in mexico, it's an educational process.

good luck,

BIEN SALUD, DA RAT

BajaWaverunner - 6-17-2010 at 02:13 PM

Thanks for all of the advice here. I am still looking for a few specific answers if anyone can help...

Question #1 is regarding the import of a boat. The type of boat I am going to get is not built in mexico and I want to avoid paying the heavy import taxes for a normal permanent import. Does anyone know if I can import a boat using a temporary import permit (good for 6 months at a time I was told) and STILL be able to use this boat in a business?

bajalou - 6-17-2010 at 02:20 PM

I believe anything for business use has to be fully imported, no TIPs.

A acquaintance came down with a hot air balloon and wanted to sell rides. In order to do that, he had to import the balloon and all accessories. He gave a few rides for donations and then back NOB.

mtgoat666 - 6-17-2010 at 02:54 PM

Quote:
Originally posted by BajaWaverunner
I am thinking about starting a boat tour business in the Cabo area - not sure exactly what - maybe a sightseeing boat tour or a fishing tour business.


"not sure exactly what..."

doesn't sound like you even got the basis of a biz plan if you don't know what you want to sell :lol:

due to the GWB-precipitated economic colapse, biz is way down in Cabo, probably lots of boat-based businesses that would love to sell everything to you,... why not buy an established biz?

fishabductor - 6-17-2010 at 03:30 PM

Quote:
Originally posted by mtgoat666
Quote:
Originally posted by BajaWaverunner
I am thinking about starting a boat tour business in the Cabo area - not sure exactly what - maybe a sightseeing boat tour or a fishing tour business.


"not sure exactly what..."

doesn't sound like you even got the basis of a biz plan if you don't know what you want to sell :lol:

due to the GWB-precipitated economic colapse, biz is way down in Cabo, probably lots of boat-based businesses that would love to sell everything to you,... why not buy an established biz?



now that is good advice goat

BajaWaverunner - 6-17-2010 at 05:54 PM

Actually, I know exactly what it is that I want to do. Just do not want to divulge details in case the competetion logs into this site. Lets just say that it is a boat based tourism business.

BajaWaverunner - 6-18-2010 at 01:39 PM

Shari, can you please check your U2U? Thanks!