David K
Honored Nomad
Posts: 64858
Registered: 8-30-2002
Location: San Diego County
Member Is Offline
Mood: Have Baja Fever
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Maybe call yourself a 'North American' company? What with NAFTA and all... 
Good luck! I admire you to live in Baja but still work in the USA, without leaving Baja!
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osoflojo
Nomad
Posts: 378
Registered: 10-29-2004
Location: c.s.l./b.c.s.
Member Is Offline
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I was not aware that you could do any type of business in Mexico without a mexican corp. Find a good reliable Accountant for advice. If you need the
papers for a company he can most likely do that also. Thats how in worked for me back when. Maybe things have changed but I would start with the
Contador. Suerte.
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
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Bajaeng ----
I'm a business advisor today and I'm advising you to retire and go fishing.
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Dave
Elite Nomad
Posts: 6005
Registered: 11-5-2002
Member Is Offline
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Legally???
| Quote: | Originally posted by lencho
Wow, can that actually be done? |
Yes and no. You can hire someone as contract labor but:
You will be held liable for their registering with Hacienda and for payment of their taxes.
Of course, you also have to be a registered Mexican corporation.
<So much for your "overwhelming advice". Are you paying anything for that?>
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flyfishinPam
Super Nomad
Posts: 1727
Registered: 8-20-2003
Location: Loreto, BCS
Member Is Offline
Mood: gone fishin'
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I second Dennis' advice
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osoflojo
Nomad
Posts: 378
Registered: 10-29-2004
Location: c.s.l./b.c.s.
Member Is Offline
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Searching for loopholes with Hacienda, Migra and Seguro Socal can bite you big time, I would rather hear all this from a Mexican advisor than a US
one. Mucho Quidado, amigo.
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jerry
Super Nomad
Posts: 1354
Registered: 10-10-2003
Location: loreto
Member Is Offline
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p.s. most of the prisons in baja are pretty close to hwy 1 i suggest if your going to do real busness in mexico get a real attorney preferabley a
naterieo do it right the first time
jerry and judi
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gnukid
Ultra Nomad
Posts: 4411
Registered: 7-2-2006
Member Is Offline
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From my limited experience running sister companies in US-MEX as an S.A. De C.V. mex corp.
I have tried to do all paperwork myself, accounting, lawyering, managing and all the work. Not recommended or legal to do so but a great experience.
Only took me 60 full days of walking from office to office to complete. There was lots of you can't have the chicken before the egg type of stuff. The
hacienda is very nice as are the notarias.
US income should be managed as US income and Mexican income as Mexican income. The benefit to having a Mexican corporation is that you can track your
expenses and costs there and reduce the IVA taxes and property taxes you pay among other costs and receive additional benefits, it is important to
track all costs with facturas with your persona moral RFC # as well as maintain hardcopies of every receipt in your office files.
Of course:
- corp must be initiated with a notaria - you can simply walk in to any notaria office and begin to ask questions at no cost.
- a corporation is a citizen and therefore may be defended in court
- corp can own properties and not pay property taxes if stated in the scritorio (papers)
- must have two parties and a secretary (witness) and an official accountant, some sensitive activities are reserved to partnerships with mexicans in
the majority
- you must register the RFC # with foreign investment office and hacienda as well as persona fisica # for employees
- corp may give work permits to foreigners such an FM-3
- corp must file each month or quarter
So if you go the corp route you are best to go full on and track all costs and taxes paid in order to reduce those costs from taxable profits, it is a
nice way to track everything and if done properly you will avoid paying tax in the US for this income and you will receive some benefits while being
in mexico.
It is complicated and you can skip it if you are doing something simple (speak to a lawyer first). Yes the mexican goverment will try to think of more
permits, changes fees and more taxes, just say you are moving very very slowly and you dont have the money now until they get the idea. The truth is
it is best to move very slowly for your benefit. I always bring a bag of oranges or other fruits to the offices and offer those to them and say right
now that is all I have and hopefully soon I will be able to pay more when I succeed. This sends the right message. Partners should be very clear on
the details and speak spanish or maintain a full time translator, lawyer, accountant, secretary, manager etc. Laws are subject to change often.
By the way, you shouldn't be the owner (administer unico) and manager (gerente) of services provided too, those are two separate jobs, obviously doh!
You can have a US based web site site that receives money and makes payments for Us customers and therefore when you visit mexico you are a tourist in
mexico, you conduct business in US. You shouldn't be subject to double jeopardy and pay taxes twice though both countries would like you to.
Most important, its okay to make mistakes while you learn and have fun, dont be intimidated no matter who tries to intimidate you, most often its
other gringos.
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