4. Buying Property in Mexico Through a Mexican Corporation

[Ciro Antonio Martínez Morales]

When Does It Make Sense?

Let’s say you’re not just buying a vacation home — you’re building a business. A hotel. A rental empire. A land development.

In that case, setting up a Mexican corporation (Sociedad Anónima de Capital Variable – S.A. de C.V.) may be the most powerful legal structure available to you.

Why choose a corporation instead of a fideicomiso?

• Mexican corporations can legally own land within the Restricted Zone, even beachfront, without the need for a trust — as long as the use is commercial.

• You can have 100% foreign ownership.

• You can bring in multiple shareholders or investment partners — all foreigners, no Mexican national required.

• No expiration date — unlike fideicomisos, there’s no 50-year limit.

• Greater flexibility for scaling, leasing, reselling, or capitalizing projects.

• This is often the preferred route for:
  🏨 Boutique hotels
  🏡 High-volume vacation rental operations
  🏗️ Raw land development (condo towers, housing clusters)
  💼 Real estate holding companies

  But here’s the other side of the coin:

  ⚠️ Responsibilities and risks:

  • You must form the corporation in Mexico with a notary public and register with the Public Registry of Commerce.

  • Your company must maintain accounting books, pay monthly and annual taxes, and report corporate activities to SAT (Mexico’s tax authority).

  • You’ll need to hire a bilingual accountant familiar with both Mexican and international tax frameworks.

  • If your operation is not genuinely commercial (e.g., personal home or single rental), it could raise red flags with tax authorities.

  There are also implications in your home country. For U.S. citizens, for instance, owning a foreign corporation may trigger additional reporting to the IRS (Forms 5471, etc.).

• 🔍 Real Talk: Who should consider this route?

  • Investors managing multiple doors or planning property flips at scale

  • Entrepreneurs building income-producing businesses (Airbnbs, coworking villas, retreats)

  • Buyers seeking long-term land banking with the intention to develop

  If your plan is to buy a single condo for vacations and Airbnb now and then?
  💡 A fideicomiso will likely be simpler, cheaper, and require less legal maintenance.

  In the next post, we’ll dig into a land type that causes massive confusion (and serious legal risk): Ejido land — and what you must know before buying it.

  Let’s keep this knowledge flowing 🇲🇽
  Questions? Drop them below — happy to clarify.