INVESTING IN MÉXICO: STEP–BY–STEP

INVESTING IN MÉXICO: STEP–BY–STEP
Entrepreneur
Business
Structure
Company
Learning
Investing
México
C.P.F. Luis Javier Arreguin
Escrito por: C.P.F. Luis Javier Arreguin26/07/2019

In order to establish a business in Mexico, the best option is to hire an accountant or an attorney, who will be able to guide the company through the legal process and help determine the best corporate governance structure, the correct mexican tax scheme and follow all the legal requerments and the accounting rules for incorporate the new company in Mexico.

All business need to chosse a structure for the company to know the benefits and drawbacks. Learning the differences between business structure can help an entrepreneur affair for the new company.

DEFINE THE LEGAL STRUCTURE OF COMPANY

According to the Mexican Corporations Law, all businesses fall into one of five basic structures that define how it is organized, how it operates and how it handles things such as taxes and liability. Each structure contains its own benefits and drawbacks, and what works for one company may prove disastrous to another. Learning the differences between business structures can help an entrepreneur plan his company.

  • Corporations (Sociedad Anónima, S.A.)

Corporations are separate legal persons under the law. They have a legal identity that is separate and distinct from that of their owners (separate legal personality) , and owners are financially responsible for claims against the corporation. The corporations also have strict limitations on who may be shareholders. You can have no more than 100 and at least 2 shareholders, and they could be residents or citizens or non citizens of Mexico, (You could be a shareholder with a Tourist Migration Form). Mexican corporations do pay income taxes at the company level (30% of their tax profit), and additional tax payment for passing dividends to the investor (+/- 10%). This is called "double taxation" and is a disadvantage of corporations. The minimum fixed capital needed to establish a corporation is $50,000.00 mexican pesos. For the option of variable capital, (S.A. de C.V. (capital variable)) can be established with both fixed and variable portions of capital as long as the total never falls below $50,000.00 mexican pesos.

  • Limited Liability Company (Sociedad de Responsabilidad Limitada, S.R.L.)

Limited liability companies are very symilar to corporations. They do have also a separate legal personality under federal law, but the law allows them to provide their owners with substantial limited liability, that means that the responsibility of the partners for claims against the LLC is limited to the amount of their capital contributions . The personal characteristics of the partners are preserved, the partners can contribute both assets and capital. According to the scheme tax, is the same case that the corporation. You can have no more than 50 and at least 2 shareholders, and they could be residents or citizens or non citizens of Mexico, (You could be a shareholder with a Tourist Migration Form). The minimum fixed capital needed to establish a corporation is $3,000.00 mexican pesos.

  • Non-Profit entity (Asociación Civil, A.C.)

A non- profit organization Is a type of organization whose official goal is working in the interest of the citizens but operating outside of the governmental and for-profit sectors. Organizations and institutions that make up civil society include labor unions, non-profit organizations, churches, and other service agencies that provide an important service to society. There are no limits on the number of partners.

  • Highly Exporting Companies (Empresas Altamente Exportadoras (ALTEX)

With the purpose of increasing the export activity of the producing companies established in the country, the Federal Government has established several export support programs in fiscal and administrative matters. To use this type of company, you first need to have a legal mexican corporation, and then start the incorporation process to achive this type of federal program. Benefits: Return of balance in favor of VAT, in a term of approximately five working days. Free access to the Commercial Information System managed by the SE.

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