
Expert Guidance
Foreign Buyers: Legal Options
Foreigners can purchase property in Mexico through a bank trust or a Mexican corporation, each suited to different property types and uses.
Bank Trust (Fideicomiso)
A Mexican bank holds the title in trust for residential properties. Buyers retain full rights to use, rent, sell, or transfer ownership. The trust lasts 50 years and is renewable.
Mexican Corporation Ownership
Non-residential properties can be owned via a Mexican corporation, which allows 100% foreign ownership but requires compliance with corporate regulations and tax filings.
Key Legal Considerations
Transactions involve a notary public, Mexican bank or corporation, and may include legal counsel. Due diligence ensures clear title and compliance with local laws.
Understanding the Bank Trust Process
What is a Bank Trust (Fideicomiso)?
A Bank Trust, or Fideicomiso, is a legal arrangement where a Mexican bank holds the title to a residential property on behalf of a foreign buyer. You remain the beneficiary, retaining full rights to use, rent, remodel, sell, or pass the property to heirs. The trust lasts 50 years and can be renewed indefinitely.
How Does the Bank Trust Work for Residential Property?
Once the trust is established, the bank acts as trustee, holding the property title in trust for you. You control the property and make all decisions regarding it. This setup allows foreigners to legally own residential property within restricted zones like Huatulco without direct title ownership.
Who Are the Parties Involved?
The key participants include you as the buyer and beneficiary, the Mexican bank serving as trustee, a Notary Public who handles the legal transfer, and your real estate agent. You may also choose to work with a lawyer to protect your interests throughout the process.
What Are the Benefits of Using a Bank Trust?
The Bank Trust provides secure ownership rights for foreigners in restricted areas, allowing full control over the property. It simplifies the purchase process, offers flexibility in property use, and ensures compliance with Mexican laws. The trust is renewable and transferable, making it a reliable option for residential property ownership.
Owning Non-Residential Property in Mexico
How can foreigners own non-residential property in Mexico?
Foreign buyers can own non-residential or commercial properties by establishing a Mexican corporation. This allows 100% foreign ownership and direct title holding, including in restricted zones like Huatulco.
What are the requirements to set up a Mexican corporation for property ownership?
You must register the corporation with Mexican authorities, appoint a legal representative, and comply with monthly tax reporting and filings. The corporation can hold property titles and conduct business activities related to the property.
Are there restrictions on using a corporation to own residential property?
Residential properties cannot be owned through a corporation unless used exclusively for business purposes, such as rental operations or hotels. Consult a legal advisor to confirm if your intended use qualifies.
What are the benefits and responsibilities of owning property through a Mexican corporation?
Benefits include full ownership control and flexibility for commercial use. Responsibilities include ongoing administrative duties, tax filings, and compliance with Mexican corporate laws.
Key Costs in Property Transactions
Understand the main expenses involved when buying property in Huatulco, including closing fees, taxes, and trust setup charges.
4-6%
Closing Costs of Sale Price
2%
Acquisition Tax
$500 USD
Bank Trust Setup Fee
0.05%-1%
Annual Property Tax
Up to 34%
Rental Income Tax (if applicable)
Varies
Mexican Corporation Setup & Maintenance Fees
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Partner with Local Experts
Navigating Huatulco’s real estate market is easier with local professionals who understand the neighborhoods, legal requirements, and market trends. Their insights help you find properties that match your needs and budget.
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Steps to Find the Right Property
Start by sharing your preferences with a local agent. Visit selected properties to get a feel for the area. Ask questions about ownership options, including bank trusts and Mexican corporations, to ensure the best fit for your investment goals.
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Why Local Guidance Matters
Local experts connect you with trusted notaries, banks, and legal advisors, streamlining the buying process. They help verify clear titles and handle paperwork, reducing risks and giving you confidence in your purchase.

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