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Validating Concubinato Status (Common Law Marriage) in Mexico

Many couples forgo a legal marriage and are living together as husband and wife without the religious or legal formality. Your relationship status may not be of great importance in your day-to-day life, but once you begin accumulating assets as a couple, terminate the relationship or if one partner passes away, then the legal status of your relationship comes into play. If you are in a common law relationship, you need to understand how to protect yourself and your partner in these scenarios. The term concubinato relationship is Mexico’s version of common law marriage, although the word concubinato is similar...

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The Most Desired Property in Mexico can be Found in the Restricted Zone.

Beachfront property is the most desired land in Mexico; this type of property is considered the restricted zone. Owning the most valuable property in Mexico is not out of reach for foreigners, but there are some extra procedures to complete in order to obtain it. The restricted zones are defined as the strip of land located 100 kilometers along the borders and 50 kilometers from the coast of the national territory, within which foreigners and foreign companies are impeded in absolute terms from acquiring direct control over land, waters and their entry points, for reasons of security and conservation of...

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Details of a Bank Trust for Property Purchased in the Restricted Zone (Fideicomiso en Zona Restringida)

As a foreigner purchasing property in the restricted zone, you will be required to purchase through a bank trust called a fideicomiso. The bank trust was created in order to comply with the provisions of Article 27 of the Mexican Constitution in which foreigners are limited from acquiring direct title of lands or waters within a range of 100 kilometers from any national border and within 50 kilometers from any coast, these areas are called restricted zones. The bank is the owner of the property. However, the beneficiary has all rights over the property, and the rights allow you to: sell,...

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Understanding the Process of Being Accused of a Crime in Mexico

As a traveler or an expat living in a foreign country, you need to be aware of the laws and the legal procedures of that state. Being accused of a crime in a foreign country can be a frightening and costly experience, and it becomes even more worrisome when you do not know the process or the rights that are available to you. If you are arrested, the state will assign a public defender if you can not afford a lawyer. However, having a private defense lawyer is of great importance, since you may face criminal charges in which your...

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ONGOING TRAINING AND DEVELOPMENT AT MEXLAW AND MEXTAX

To be reliable and competent, professionals must continue to enhance their education and not rely exclusively on personal experiences. Everywhere else in North America, professionals such as lawyers and accountants must maintain current knowledge of the law and accounting rules to better advise and serve their clients. MexLaw and MexTax observe this international principle by requiring that lawyers and accountants on their team must complete a minimum of 30 hours per year of advanced training or refresh their knowledge to better serve our clients. We would like to congratulate those members of our team, pictured above, that recently dedicated 15 hours...

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BECOMING A NON-RESIDENT OF CANADA FOR TAX PURPOSES

If you are a Canadian residing in Mexico, you should consider the possibility of becoming a non-resident Canadian for tax purposes only. This article will explain how to do that. It will not consider the benefits or advantages for making this selection. This is always a personal decision and will be based on individual choices, values, and priorities. We will review the practical steps and will attempt to eliminate common myths regarding non-residency status for Canadians. Other than the tax benefits of renouncing their residency status, Canadians should remember that, if they reside outside of Canada for more than 183 days,...

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5 Most Important Points to Review in a Promissory Agreement

Once an offer to purchase has been accepted, the next step is to complete a promissory agreement. The promissory agreement in Mexico is a formal and legally binding document that outlines the details and terms of the real estate transaction once all negotiations are final. It outlines details such as the legal description of the property, the final price, any penalties and other clauses agreed on by both parties. This agreement is the foundation of the transaction as the details of this contract will be used later to complete the sale and transfer the Title Deed. In the process of purchasing...

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LAWYERS VERSUS CLOSING COMPANIES

Although they have been around for some time, closing companies are now becoming more and more prevalent. Essentially, these closing companies or “settlement” companies, are operated by ex-patriots that believe that, because they have experienced firsthand the process of purchasing real estate in Mexico, they can advise and consult others on the process. For a fixed fee, they will read the offer provided by a realtor, make some comments, and then introduce you to a preselected notary and bank to finalize the process. They will, essentially, transfer the most critical part of the process to the notary and the bank...

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Applying for a Job Offer Visa in Mexico

If you are a foreigner and have received a job offer in Mexico, or you are a foreigner with a business in Mexico and plan on working in this country, you will need permission to work. The official name is “Visa por oferta de empleo” (Job Offer Visa). This procedure allows you to live and work in Mexico. The process consists of two steps which are completed in Mexico and one step to be completed outside the country at a Mexican consulate. The process will begin in Mexico. It requires a job offer from a Mexican company; this company should have “Constancia...

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Upcoming Live Webinar: U.S.-Mexican Tax and Estate Planning for Cross-Border Clients

Important Information or US Citizens Investing in Mexico I am pleased to announce that I will be speaking in an upcoming Strafford Live Webinar, "U.S.-Mexican Tax and Estate Planning for Cross-Border Clients" scheduled for Tuesday, November 14, 1:00pm-2:30pm EST. The lengthy Mexico-U.S. border and extensive ties between the two countries result in significant economic migration. Many U.S. citizens and permanent residents have property interests in Mexico and vice-versa. Estate planning counsel and advisers must identify the tax and wealth transfer planning rules and opportunities specific to U.S. and Mexican citizens with assets and presence in both countries. Mexican law has neither an estate...

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