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hermes697
Jul 252 min read

How does Fideicomiso work in Mexico?

What is a fideicomiso?


A fideicomiso is a type of trust that allows foreigners to purchase property in restricted zones of Mexico. This includes land within 50 kilometers (31 miles) of the coast and 100 kilometers (62 miles) of the border.


Established by a Mexican bank, the trust acts as an intermediary between the buyer and the seller. It allows expatriates to buy homes in these areas with the same rights as Mexican citizens.


The trust is renewable every 50 years. While the bank holds the title to the property, you, as the buyer, are the primary beneficiary and can use or modify the property as you wish.

 

Purpose of a Fideicomiso


A fideicomiso grants foreigners the right to use and enjoy property within Mexico's restricted zones. The property is held in a real estate trust, recorded under the name of a Mexican trustee, usually a Mexican bank’s trust department. This arrangement complies with constitutional provisions that prohibit direct foreign ownership of land in these areas.


The trustees manage the trust in exchange for an initial setup fee and annual maintenance fees. They cannot transfer the property or change beneficiary rights without the written consent of the beneficiary.


Associated Costs


Owning property via a Fideicomiso involves certain costs like:

  1. Trustee Fees;

  2. Permit and Registration for Foreign Investments;

  3. Land Title Office Registration;

  4. Appraisal Costs;

  5. Notario Publico Fees; and

  6. Property Transfer Tax.


Should you wish Mexican legal assistance, please feel free to contact our office.



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