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- The Manufacturer's Guide
- Key Milestones for Getting Started
- Compliance & Regulations
- Prodensa Expert Insights
Doing Business in Mexico
Major industrial hubs include Monterrey, Guadalajara, Ciudad Juarez, and Tijuana, known for their robust infrastructure, skilled workforce, and strategic location for trade.
Key industries include automotive, electronics, aerospace, medical devices, and consumer goods, each benefiting from Mexico’s skilled labor and trade agreements.
Global companies like Ford, General Motors, Whirlpool, Intel, PepsiCo, and Samsung operate manufacturing facilities in Mexico across various industries.
A maquiladora is a factory in Mexico that imports materials temporarily to assemble or produce goods for export, taking advantage of preferential tax and customs programs like IMMEX.
IVA is Mexico’s Value-Added Tax, applied to most goods and services at a standard rate of 16%, though certain export activities and maquiladora operations may be exempt or receive refunds.
START A BUSINESS
IN MEXICO
How to Start a Business in Mexico
The approach to incorporating a business in Mexico varies widely depending on the business case and strategic goals. For manufacturers, factors such as tax strategy and time-to-market play a crucial role in shaping the market entry and incorporation plan.
Mexico Business Registration
To register a company in Mexico, you first need to choose a business structure and verify the availability of your desired company name with the Ministry of Economy. Next, a notary public must draft the incorporation deed, which includes the company’s bylaws, shareholders, and objectives, followed by registering the deed with the Public Registry of Commerce. Finally, the company must obtain a tax ID (RFC) from the Tax Administration Service (SAT) and complete any additional registrations or permits depending on the business activity and location.
Corporate Laws in Mexico
Mexican corporate law are primarily governed by the General Law of Mercantile Societies. This legal framework is based on civil law principles and establishes the rights and obligations of shareholders, directors and officers within corporations operating in Mexico. There are two main types of corporations in Mexico: (1) sociedades anónimas (SAs) which are similar to U.S. corporations, and (2) sociedades de responsabilidad limitada (SRLs) which are similar to LLC’s in the U.S.
Doing Business as a Foreigner
Foreign investors can own 100% of a Mexican corporation, although certain industries may have restrictions on foreign ownership. Foreigners from applicable countries that wish to visit Mexico may enter on a Tourist Visa that is good for 180 days. This visa allows you to enjoy tourism or business meetings, for example. You cannot work in Mexico with a Tourist Visa. A Temporary Resident permit will need to be issued.
Corporate Taxes in Mexico
Corporate taxes in Mexico include a flat income tax rate of 30% on taxable profits for resident companies. Additionally, companies may be subject to a Value Added Tax (VAT) of 16% on most goods and services, as well as withholding taxes on payments like dividends, royalties, and interest to foreign entities. Businesses must also comply with annual reporting obligations, including financial statements and tax returns, to avoid penalties.
Mexico Border Zone Incentives
Mexico’s Northern and Southern borders receive a benefit that consists of a tax credit equivalent to 50% of VAT, thus an 8% tax. The taxpayer must reside in said regions. These regions also enjoy an Income Tax credit, allowing these companies to be subject to only 2/3 of the tax caused by the income carried out from activity in these regions.
Import / Export in Mexico
Mexico's strategic location and free trade agreements, including USMCA, make it a global hub for importing and exporting goods. Businesses engaged in trade must register with Mexico’s Importers Registry and comply with customs regulations, tariffs, and documentation requirements to ensure smooth cross-border operations.
Maquiladora Program
The Maquiladora Program in Mexico, now called IMMEX, allows foreign companies to import raw materials and components duty-free for manufacturing and subsequent export. This program supports cost-efficient production while providing tax incentives, making Mexico a key player in global supply chains. Many maquiladoras en Mexico are run by operational partners, called shelter service providers.
Mexico Free Trade Zone
In 2019, Mexico's Free Trade Zone came into effect for 43 municipalities through 6 states along Mexico's northern border. Components of the program include:
- Encourage economic growth in the area
- Reduction of VAT & Income Tax rates
- Promote the well-being of the population
- Improvements in fuel competition
- Establishment of tax incentives for fuel
Start a Business in Mexico
The approach to incorporating a business in Mexico varies widely depending on the business case and strategic goals. For manufacturers, factors such as tax strategy and time-to-market play a crucial role in shaping the market entry and incorporation plan.
Mexico Business Registration
To register a company in Mexico, you first need to choose a business structure and verify the availability of your desired company name with the Ministry of Economy. Next, a notary public must draft the incorporation deed, which includes the company’s bylaws, shareholders, and objectives, followed by registering the deed with the Public Registry of Commerce. Finally, the company must obtain a tax ID (RFC) from the Tax Administration Service (SAT) and complete any additional registrations or permits depending on the business activity and location.
Corporate Laws in Mexico
Mexican corporate law are primarily governed by the General Law of Mercantile Societies. This legal framework is based on civil law principles and establishes the rights and obligations of shareholders, directors and officers within corporations operating in Mexico. The notary public office in Mexico holds a lot of weight and responsibility. Many legal acts must be conducted in front of them.
There are two main types of corporations in Mexico: (1) sociedades anónimas (SAs) which are similar to U.S. corporations, and (2) sociedades de responsabilidad limitada (SRLs) which are similar to LLC’s in the U.S.
Doing Business as a Foreigner
Foreign investors can own 100% of a Mexican corporation, although certain industries may have restrictions on foreign ownership. Foreigners from applicable countries that wish to visit Mexico may enter on a Tourist Visa that is good for 180 days. This visa allows you to enjoy tourism or business meetings, for example. You cannot work in Mexico with a Tourist Visa. A Temporary Resident permit will need to be issued.
Download the Doing Business in Mexico e-book for common regulatory organisms and their equivalent in the United States.
OPERATIONAL COMPLIANCE
Mexico's Tax Laws
Taxation Authorities
The Mexican Tax Administration Service (SAT) oversees the federal tax system, while the National Customs Agency, an independent body under the Ministry of Finance, now manages customs following a 2022 reform. Coordination agreements allow state authorities to collect some federal taxes, with local tax offices operating at the state level.
In alignment with OECD guidelines, Mexican tax authorities have intensified audits on international transactions, including payments to foreign residents, related-party dealings, transfer pricing, BEPS-related tax structures, fiscal losses, and activities in tax havens. These efforts aim to address tax evasion and ensure compliance with international standards.
Business Vehicles
Foreign residents can conduct business in Mexico either permanently or temporarily without establishing a local entity. However, the choice of business model should align with the intended activities and tax considerations. The Income Tax Law (ISR) includes specific provisions for taxing income derived from Mexican sources by non-residents, especially those without a Permanent Establishment (PE).
- Business Trusts
- Mexican Branch
- Mexican Subsidiary
Cross-Border Transactions
Mexico's Income Tax Law enforces compliance with transfer pricing principles, requiring transactions between related parties to follow the arm’s length principle—using terms comparable to those between unrelated entities. Taxpayers must maintain documentation, supported by studies using permitted methodologies, to meet reporting requirements. Recognized methods align with OECD guidelines and include the comparable uncontrolled price, resale price, cost-plus, and profit split approaches.
Mexico Tax Rates
Mexico has a comprehensive tax system, and understanding the tax implications for your manufacturing business is vital. Proper tax planning and compliance will contribute to the financial success of your business.
- Income Tax - payable at a 30% flat rate for corporations, like a direct tax on the profit obtained. Maquila (IMMEX) operations are specifically ruled by the Safe Harbor regime which is to determine the taxable profit out of the higher amount between 6.9% of the total value of the assets and inventories or 6.5% of the total amount of cost and expenses of the operation.
- Value-Added Tax - (VAT) payable at a general rate of 16% on sales of goods and services, import of goods and lease payments. Some exemptions and incentives apply.
- Payroll Tax - state fee paid on payroll costs, ranging from 2-3%.
- Proit-Sharing - employers in Mexico are obligated to pay workers a share of the profits based on their annual tax declaration. The amount to be distributed in 10% of the profits before income tax.
- Interests, Royalties and Technical Assistance Fees - interests paid to a resident abroad with permanent establishment in Mexico are subject to a withholding tax rate of 4.9% to 35%. Royalties paid to a resident abroad are subject to a withholding tax of 35% and the rate may be reduced with a tax treaty. Technical assistance fees are subject to a 25% withholding tax, unless the tax is reduced by a treaty.
- Property / Real Estate Tax - in Mexico, the acquisition is between 2-4% of assessed value of the property at the moment of the purchase. Then it is paid annually and is calculated at a fraction of the value of the property.
Tax Incentives
VAT payments on temporary imports can only be exempted if the taxpayer has the IMMEX Program and the VAT Certification. It works as a temporary VAT credit granted by the SAT (tax authority) to the taxpayer for a specified period that the raw materials and machinery will be in Mexico.
Mexico's Northern and Southern borders receive a benefit that consists of a tax credit equivalent to 50% of VAT, thus an 8% tax. The taxpayer must reside in said regions. These regions also enjoy an Income Tax credit, allowing these companies to be subject to only 2/3 of the tax caused by the income carried out from activity in these regions.
Import Export Mexico
Mexico's strategic location and free trade agreements, including USMCA, make it a global hub for importing and exporting goods. Businesses engaged in trade must register with Mexico’s Importers Registry and comply with customs regulations, tariffs, and documentation requirements to ensure smooth cross-border operations.
Maquiladora Program
The Maquiladora Program in Mexico, now called IMMEX, allows foreign companies to import raw materials and components duty-free for manufacturing and subsequent export. This program supports cost-efficient production while providing tax incentives, making Mexico a key player in global supply chains. Many maquiladoras en Mexico are run by operational partners, called shelter service providers.
Mexico Free Trade Zone
In 2019, Mexico's Free Trade Zone came into effect for 43 municipalities through 6 states along Mexico's northern border. Components of the program include:
- Encourage economic growth in the area
- Reduction of VAT & Income Tax rates
- Promote the well-being of the population
- Improvements in fuel competition
- Establishment of tax incentives for fuel
Customs and Trade Regulations
The National Customs Agency (ANAM) under Mexico's Secretariat of Finance and Public Credit (SHCP) is responsible for inspecting goods entering and leaving Mexico. In addition to duties and taxes, other regulations may include import permits, quotas or special licenses.
Companies may also apply for benefits under a wide range of free trade agreements to get a duty reduction either on importations of raw materials or when exporting finished goods to destination markets. Rules of origin and certification procedures for goods shall be met to obtain these competitive advantages. In 2022, the Bill of Lading supplement became mandatory.
For manufacturing companies that export to the U.S., its important to coordinate between a Mexican and U.S. customs broker. The customs broker is licensed to clear goods through customs.
Authorized Economic Operator
Launched in 2012 the AEO Program aims to foster secure and efficient trade operations. Mexico's AEO program yields substantial benefits, simplifying administrative processes, reducing customs inspections, providing priority in inspection lines, and granting access to exclusive lanes. Operators also benefit from extended timeframes for temporary import goods and increased flexibility for amendments and corrections after customs clearance.
Labor Law & Regulation in Mexico
Mexico's labor framework is set forth in the Constitution and the Federal Labor Law (LFT). Mexico was the first country in the world to recognize and make provisions for labor rights in its constitution in 1917. The country's labor laws have inspired progressive reforms in other Latin American countries. Balancing worker protections with economic growth, the LFT strives for fair wages, safe workplaces and social justice in a dynamic globalized environment.
Labor Systems
The legal full-time work week in Mexico consists of 48 hours, usually divided over 5 to 6 days, leaving one or more rest days. Mixed shift and night shift workers have reduced work weeks. Employees that work on Sundays earn a 25% premium. Overtime rates range from 100% to 200% premium on top of regular wages, depending on the quantity and frequency.
Employees are hired via formal labor contracts, and have the right to severance for unjust termination. Mexico's labor reform in 2019 strengthened workers' rights to freedom of association, marking strict guidelines for worker choice of labor union and involvement in collective bargaining agreements. Labor conciliation centers attend employment disputes and lawsuits.
In 2021, outsourcing was officially banned in Mexico, formalized by the specialized services registry process. Employees that work remotely have a distinct employment contract with mutual obligations and employer provides small economic support for the remote infrastructure.
Payment Systems
Employees are typically paid weekly or biweekly. Minimum wage is used as an indicator to calculate certain fiscal concepts, but is often not sufficient in attracting and retaining a semi-skilled workforce. The northern border zone has a higher minimum wage.
Benefits are an important component of employee compensation, often making up an additional 40% to 80% of an employee's base salary in value. A minimum benefits package is required by law. Social Security contributions provide basic medical services and insurance, but it is common for employers to provide private insurance to higher levels of employees.
Download the free e-book for additional details.
Environmental, Health & Safety
Mexico's country's Environmental Health and Safety (EHS) regulations are designed to protect the environment and ensure workplace safety, and compliance is essential for sustainable operations.
Overview of EHS Regulatory Framework in Mexico
Mexico's EHS regulations are governed by federal laws, with implementation and enforcement managed at federal, state, and municipal levels. Key federal agencies involved include:
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Secretariat of the Environment and Natural Resources (SEMARNAT): Responsible for environmental policy and regulation, including air and water quality, hazardous waste management, and natural resource conservation.
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Secretariat of Labor and Social Welfare (STPS): Oversees workplace health and safety standards, ensuring safe working conditions across industries.
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Federal Commission for the Protection against Sanitary Risk (COFEPRIS): Regulates activities related to health risks, including the handling of hazardous materials and environmental health standards.
Additionally, Mexico adheres to various international treaties and conventions that influence its environmental compliance requirements.
Key Environmental Regulations
The cornerstone of Mexico's environmental legislation is the General Law on Ecological Equilibrium and Environmental Protection (LGEEPA). This law establishes the framework for environmental policy, focusing on:
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Air Quality Control: Regulating emissions from industrial sources to maintain air quality standards.
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Water Pollution Prevention: Setting standards for wastewater discharge to protect water bodies.
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Hazardous Waste Management: Defining protocols for the handling, transportation, and disposal of hazardous materials.
Compliance with these regulations is mandatory for all businesses operating in Mexico.
Health and Safety Standards
Workplace health and safety are primarily regulated by the STPS, which enforces the Official Mexican Standards (NOMs). These standards cover various aspects of occupational safety, including:
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Safety and Health in the Workplace: Implementing measures to prevent workplace accidents and illnesses.
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Substance Controls: Managing the use and storage of hazardous substances to minimize health risks.
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Training and Communication: Ensuring employees are informed and trained on safety protocols and emergency procedures.
Regular inspections by the Office of Labor Inspection ensure adherence to these standards, with penalties for non-compliance ranging from fines to facility shutdowns.
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Real Estate in Mexico
It’s important to establish a formal process to compare the different regions and cities in Mexico, as well as the real estate options. Real estate should influence the site selection, but not drive it solely.
Leasing Industrial Land
Land purchases and leasing in Mexico are primarily governed by local and state laws. The Mexican Foreign Investment Law regulates real estate ownership by foreigners. Most of the provisions governing lease agreements are included by statute in Mexican civil codes.
Industrial leases typically outline terms for property use, monthly payments, 16% VAT, inflation adjustments, and responsibilities for maintenance, insurance, and permits.
The cost of land varies significantly based on its location, whether it is within an industrial park or a greenfield site. Developed land generally includes basic infrastructure, such as utility connections at the property line. In many markets, inventory buildings are readily available for lease.
Most lease agreements are dollar-denominated and structured as triple net leases, where tenants are responsible for real estate taxes, insurance, and common area maintenance. Landlords or developers often require financial guarantees, such as a letter of credit or a guarantee from a creditworthy company, which they use for financing purposes.
For companies opting to purchase land, the process involves acquiring property and constructing facilities tailored to their operational needs.
Industrial Parks
Investors in manufacturing can leverage industrial parks, associations or shelter service providers that provide ready-to-lease facilities with permits. These spaces often qualify for programs like IMMEX, offering tax and customs advantages.
Construction Permits
Additional to environmental due diligence, a construction permit is required for tenant improvements. Utility service contracts require an application process.