2024-25 Relocation Guide (Bonus): Fideicomiso Trusts

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Understanding What Is A Fideicomiso: A Simple Guide to Mexican Property Ownership


A fideicomiso is a legal trust that allows foreigners to own property in Mexico’s restricted zones, such as coastal and border areas. Through this arrangement, a Mexican bank holds the title while the foreign buyer retains full ownership rights, enabling secure property investments in compliance with Mexican law.


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Key Takeaways

  • A fideicomiso enables foreigners to own property in Mexico’s restricted zones through a bank trust, ensuring legal compliance and ownership rights.

  • Costs for setting up a fideicomiso include trustee fees, permits, and registration but provide foreign investors with similar rights as Mexican citizens for property use and inheritance planning.

  • Fideicomisos are also applicable for commercial real estate, offering flexibility for investors to manage and profit from properties.


What Exactly is a Fideicomiso?


A fideicomiso, or real estate trust, allows foreigners to own property in Mexico’s restricted zones—within 100 kilometers of borders or 50 kilometers of coastlines. This structure, established to comply with constitutional restrictions, offers a secure and legal pathway for foreign investment.

Under a fideicomiso, a Mexican bank acts as a trustee, holding the property’s legal title on behalf of the foreign buyer (the beneficiary). While the bank holds the title, the beneficiary retains full ownership rights, including the ability to rent, sell, or modify the property.

This arrangement encourages foreign investment by ensuring compliance with Mexican law while safeguarding the buyer’s rights.


How Does a Fideicomiso Function?

In a fideicomiso, the trustee (a Mexican bank) holds the legal title to the property. However, the foreign beneficiary retains full decision-making authority and ownership rights, including:

  • Using or modifying the property.

  • Renting the property to generate income.

  • Selling the property and keeping all profits.

The bank’s role is purely custodial, ensuring that the property is legally held without interfering in the owner’s decisions. This provides robust security and peace of mind for foreign investors.


The fideicomiso system stems from the Mexican constitution’s restriction on foreign land ownership in specific areas. The Foreign Investment Law of 1973 and subsequent amendments in 1992 allowed Mexican banks to act as intermediaries, streamlining the fideicomiso process.

Key benefits include legal protections against unauthorized sales, ensuring compliance with constitutional restrictions while promoting foreign investment.


Benefits of Using a Fideicomiso


  • Ownership Rights: Foreign buyers enjoy rights equivalent to those of Mexican citizens, including selling, improving, or leasing the property.

  • Inheritance Planning: Fideicomisos simplify inheritance by allowing the designation of successors, bypassing probate processes.

  • Security: This legal framework ensures compliance with Mexican law, safeguarding investments.


Costs Associated with a Fideicomiso

Costs associated with a fideicomiso trust.

  • Initial Setup Costs:

    • Trustee setup fee: ~$1,000.

    • Permit and registration: ~$1,600.

  • Public Registry Fees: 0.03% to 1.15% of the property’s value.

  • Property Appraisals: $1,000 to $1,500. (only when needed)

  • Acquisition Tax: ~4% of the purchase price.

  • Annual Maintenance: $500 to $1,000.

These costs ensure legal compliance and the smooth operation of the fideicomiso.


Common Misconceptions About Fideicomisos


  • Double Taxation: Owning property through a fideicomiso does not result in double taxation. Standard property taxes apply.

  • Lack of Ownership Rights: Foreign beneficiaries retain full ownership rights, comparable to direct ownership.


Other Articles About Relocating to Mexico


Is it Safe for Americans to Buy Real Estate in Mexico

Why U.S. Expats Choose Mexico: Real Estate Insights 2024

Retire in Paradise: Top 10 Best Places for Expats 2024

Relocation Guide 2024 (part 9): 10 Warning Signs

Relocation Guide 2024 (part 8): How much Does it Cost to Build


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Frequently Asked Questions

What is a fideicomiso? A fideicomiso is a bank trust that enables foreigners to legally own property in Mexico’s restricted zones.

How long does a fideicomiso last? A fideicomiso lasts for 50 years and can be renewed indefinitely.

What are the costs of a fideicomiso? Setup costs range from $1,000 to $1,600, with additional annual maintenance fees of $700 to $1,000.