Legal & Tax

Legal & Tax Legal & Accounting firm offering services in the Todos Santos area, Pescadero & Cerritos. Business formation / Incorporations. Contracts. Tax strategies.

We offer the following services to individuals and businesses:
Closings / Fideicomisos. Accounting

26/05/2025

Are you an Airbnb host in the Todos Santos Area in Baja? Worried about Mexican tax laws? Let Legal & Tax in Todos Santos help you navigate the system with ease!We specialize in helping expat property owners like you save money and stay compliant—without the stress. With years of experience working with Airbnb hosts across Baja, we make the process simple, safe, and stress-free.📍 Based in Todos Santos, we are your local legal and tax experts. ✅ Personalized service ✅ Proven results ✅ Bilingual supportLet’s optimize your taxes—together. 📞 Contact Legal & Tax today!* Cellphone-WhatsApp: +52 (612) 158 7465* Office-WhatsApp: +´52 (612) 165 2440* Address: Calle Juárez entre Hidalgo y Márquez de León, Colonia Centro, 23300, Todos Santos, Baja California Sur. * https://www.legaltaxservices.com.mx/.

26/05/2025

🌎 Thinking about living in Mexico or buying property here? Let Legal & Tax in Todos Santos guide you through the immigration process—stress-free and step by step.We specialize in helping foreigners become temporary or permanent residents in Baja, Mexico. Whether you are just starting to explore the idea or ready to make the move, we have got your back.Here is how it works: 📩 First, we send you all the information by email—clear and in writing. 📞 Then, we follow up with a personal call to answer your questions. 🗺️ Together, we create a custom plan and help you choose the most convenient consulate in your country.⭐And once you arrive in Baja, we will complete the process with you right here in Todos Santos.✅ Trusted legal experts✅ Personalized support✅ Fluent in English & SpanishMake your move to Mexico simple and stress-free. 📍 Contact the Legal & Tax team in the magical town of Todos Santos today!* Cellphone-WhatsApp: +52 (612) 158 7465* Office-WhatsApp: +´52 (612) 165 2440* Address: Calle Juárez entre Hidalgo y Márquez de León, Colonia Centro, 23300, Todos Santos, Baja California Sur. * https://www.legaltaxservices.com.mx/

Accounting services in the Todos Santos area. We are located in Downtown Todos Santos, on Juarez avenue between Hidalgo ...
19/07/2024

Accounting services in the Todos Santos area. We are located in Downtown Todos Santos, on Juarez avenue between Hidalgo and Marquez de Leon.

Accounting services in the Todos Santos area. We are located in Downtown Todos Santos, on Juarez avenue between Hidalgo ...
16/07/2024

Accounting services in the Todos Santos area. We are located in Downtown Todos Santos, on Juarez avenue between Hidalgo and Marquez de Leon.

What happens if a person dies intestate or without a will?When someone passes away without a will, their estate enters a...
21/05/2024

What happens if a person dies intestate or without a will?

When someone passes away without a will, their estate enters a legal process called Intestate Succession. This process, governed by the Civil Code, determines how the estate is distributed. It's important to note that in the absence of a valid will, the distribution of the estate may not align with the deceased's wishes.

The primary aim of intestate succession laws is to distribute the estate in a manner that is presumed to protect the closest family members. These laws prioritize spouses, children, grandparents, and siblings in a specific hierarchy.

The marital property regime of the marriage can impact the outcome of the probate proceedings. Whether a marriage is governed by community property or separate property provisions, this can significantly affect the distribution of the deceased's estate.

This is how the deceased's estate will be distributed if they die without a will:

-If the deceased was unmarried, the estate will first pass to the children; if the absence children, it will pass to the grandparents; in the absence of grandparents, it will pass to the siblings.

-If the deceased was married in a separate property regime, the estate will be distributed to the surviving spouse and the children. In the absence of children, it will pass to the grandparents, and in the absence of grandparents, it will pass to the siblings.

-If the deceased was married in a community property regime, half of the assets acquired before marriage will be distributed to the surviving spouse and the other half to the children. In the absence of children, the assets will pass to the grandparents; and in the absence of grandparents, it will pass to the siblings.

-If the deceased was married in a community property regime, half of the assets acquired during the marriage belong to the surviving spouse, and the other half will be distributed between the surviving spouse and the children. In the absence of children, it will be distributed to the grandparents, and in the absence of grandparents, it will be distributed to the siblings.

-In the absence of a spouse, ascendants, descendants, or any other relative or potential heir claiming a right to the descendant's estate, the estate will pass to the Government.

The following assets do not go through probate or intestate succession laws:

-Real estate held in a bank trust (fideicomiso).
-Real estate or assets held in a living trust.
-Bank accounts with a named beneficiary.
-Life insurance with a named beneficiary.

Incorporating a business.Incorporating a business is a wise idea, especially when planning on doing business in Mexico. ...
23/07/2023

Incorporating a business.

Incorporating a business is a wise idea, especially when planning on doing business in Mexico. A business entity offers plenty of benefits and legal protection to its members.

In coordination with the business attorney, the business members will decide how the LLC will be structured. The new business structure will require the following:

-Legal name.
-Address.
-Duration of the LLC.
-Business purpose.
-Capital invested in the business.
-Inner regulation of the business ( bylaws).
-Granting power to one member or several members to act on behalf of the business for legal and administration purposes.

Once the incorporation documents have been signed and notarized, the business attorney will proceed to record the documents with the Public Registry of Commerce.

After the recording process has been finalized, the attorney will apply for a tax ID number (RFC) and E-signature on behalf of the corporation.

The third step is when the business attorney applies for an employer number on behalf of the corporation. The employer number will be needed when the business employs new employees.

Once the corporation has been granted an employer number, the next step would be opening a bank account on behalf of the business. A business bank account is vital to receiving and wiring money from clients or suppliers.

The last step to successfully incorporate a business is when the attorney records the corporate documents with the National Ministry of Foreign Investment. By law, any corporation with foreign members or shareholders must be registered with the mentioned federal office.

Shifting your fideicomiso to another bank.In the past, there were very few options in the market to choose the Bank that...
25/06/2023

Shifting your fideicomiso to another bank.

In the past, there were very few options in the market to choose the Bank that would hold the title in trust. Banks suck, as BBVA Bancomer, Banamex, and HSBC, were the first to get into the fideicomiso business back then. For this reason, many foreign property owners currently have their fideicomiso with the mentioned banks.

The problem with this is that fideicomisos are not the primary revenue of those banks. As a result, the way they handle the fideicomisos is less professional than someone would expect. And this could be a deal killer if you, as a homeowner, have a new potential buyer because the Bank holding your title must approve the assignment of rights to the new buyer, which could take months.

For this reason, we recommend shifting your trust to another bank, as this could tremendously impact a potential title conveyance in the future.

When deciding which Bank will hold your title in trust, choosing the right Bank with an excellent and trackable reputation is imperative, as this can highly impact how you own property in Mexico.

Some Banks do not have their trust department in Baja California Sur, making it difficult for the trust beneficiary to reach out to them for whatever reason. Larger banks tend to have their trust department in the mainland, in cities like Tijuana or Mexico City; this happens because fideicomisos is not the primary business of these larger banks.

Banks with a local trust department are more likely to address questions and respond quickly. These local banks are also more likely to sign and approve updates and amendments to your fideicomiso much more quicker. This is essential to avoid having a real estate deal fall through because larger Banks without a trust department in Baja can take weeks and months to approve changes to a fideicomiso finally.

We recommend using the services of Banks with their trust department in Baja California Sur, in cities like San Jose del Cabo or La Paz. Having your title retained by a local bank with their trust department nearby will make your experience of owning real estate in Baja more enjoyable.

Shifting your trust to another bank will trigger acquisition taxes, recording, notary, trust, and legal fees.

Revoking Trust beneficiaries with a will.When a trust owner has to remove or appoint new beneficiaries or substitute ben...
24/06/2023

Revoking Trust beneficiaries with a will.

When a trust owner has to remove or appoint new beneficiaries or substitute beneficiaries into their trust, they can do it through a Mexican will. This is only advisable when the trust owner does not have time to amend the trust directly due to health issues.

The will has to be set carefully and specify the wish to revoke and appoint new trust beneficiaries. The testator (grantor), in coordination with the Notary Public, has to be very specific in drafting the will and stipulate that the will overrides the individuals appointed in the original trust as trust beneficiaries or substitute beneficiaries. By doing so, the new will is going to prevail over the trust.

If the trust owner has the time and resources, then modifying their existing trust is better than setting up a Mexican will, as this will save money and time for the future trust beneficiaries as they won't have to go through probate when the trust owner passes away.

Do not try to avoid the fideicomiso at all cost.The law indicates that foreigners who wish to purchase real estate in th...
22/06/2023

Do not try to avoid the fideicomiso at all cost.

The law indicates that foreigners who wish to purchase real estate in the restricted zone for residential purposes must create a fideicomiso.

Unfortunately, some foreigners receive poor legal advice from attorneys or accountants regarding avoiding the fideicomiso. Commonly the negligent legal advice stipulates that by forming and incorporating a Mexican Limited Liability Corporation, the foreigner could avoid creating a fideicomiso and save thousands of dollars.

When forming a Limited Liability Corporation, the foreigner can use it to purchase real estate without restrictions, as any other Mexican national would do. This can save thousands of dollars in closing and trust fees but comes with a high risk. The law considers this legal practice a simulation, as LLCs can only buy real estate for business purposes, not residential ones.

If the Federal Government audits your property and realizes that you purchased it through an LLC and are using it for residential purposes, they could impose a hefty penalty and, in some cases, take over the property according to federal legislation.

Forming an LLC triggers legal and notary fees and recording fees, and by law, the members of it must have a yearly membership meeting (minutes) once a year and record them with the Public Registry of Commerce.

Besides this, an LLC must have a tax ID number and file monthly and yearly taxes; for this reason, it is a must to retain an accountant's services, which would cost at least $1,200 yearly.

For these reasons, do not follow legal advice telling you to avoid the fideicomiso by forming an LLC to purchase real estate.

Estate planning advantages of the fideicomiso.One of the essential things of forming a Fideicomiso is its huge estate pl...
22/06/2023

Estate planning advantages of the fideicomiso.

One of the essential things of forming a Fideicomiso is its huge estate planning advantage. Simply put, a fideicomiso helps you save thousands of dollars by avoiding the probate courts.

Commonly, in the event of death, the deceased´s beneficiaries would start a probate process, handled by the Notary Public if there is a Will or an intestate probate process if there was no Will in place by the deceased.

This probate process can be time-consuming and expensive, and the services of an attorney must be retained.

By forming fideicomiso, the primary beneficiary will appoint a substitute beneficiary in the event of death. The substitute beneficiary will be acknowledged as the new beneficiary of the trust when the primary beneficiary passes away. The new trust beneficiary will save thousands of dollars by avoiding the court system by having a good estate planning tool in the fideicomiso. For this reason, the fideicomiso is considered a great estate planning legal recourse in Mexico.

Can a U.S. citizen inherit property in Mexico? If the beneficiaries of a Mexican Will are of U.S. nationality, they can ...
22/06/2023

Can a U.S. citizen inherit property in Mexico?

If the beneficiaries of a Mexican Will are of U.S. nationality, they can inherit property but with some restrictions.

When a Will is in place, a Notary Public can oversee the probate process without the courts being involved unless the Will is challenged. In other words, a Will can simplify the probate process.

Once the Will is probated, the beneficiaries of U.S. nationality will have to set up a Bank Trust to own any real estate granted to them in the Will in accordance with article number 27 of the Mexican Constitution, which states that non-Mexicans can not have the outright ownership of real estate. For this reason, they have to form a Bank Trust, also known as Fideicomiso.

It is advisable to set up a Mexican Will as having a U.S. Will recognized by a State Court in Mexico can be time-consuming and expensive.

If there is no Will in Mexico, but the deceased set up one in the USA, the heirs of a U.S. Will must have the Will probated, which is the process of a court proving and declaring that a Will is valid.

The probate must be conducted in the American state where the deceased lived. The Will must be certified by the Secretary of State and sent to Mexico, along with the certificate of death and the Probate decision.

Once in Mexico, all documents must be translated into Spanish, and the translation must be done by an official translator in the same Mexican state where the deceased's property is located. This can take time.

However, with a Mexican Will, there are fewer legal processes required, and it is much easier to have certified.

Dirección

Calle Juárez Entre Hidalgo Manuel Márquez De León
Todos Santos
23300

Horario de Apertura

Lunes 9am - 5pm
Martes 9am - 5pm
Miércoles 9am - 5pm
Jueves 9am - 5pm
Viernes 9am - 5pm

Teléfono

+526121587465

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