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What is normal abroad but not in Mexico: ten assumptions foreign investors should drop before they start
Last verified: 2026-10-26 · Status: Stable
Many habits that are routine in the US, Europe or Asia do not work in Mexico: there is no at will employment, employees share 10 percent of taxable profit by law, staff cannot be supplied by an outside agency, and every deductible expense needs a government stamped electronic invoice paid through the banking system. Foreigners cannot hold direct title to land within 100 km of a border or 50 km of a coast, a corporate parent cannot own a Mexican company alone, cash is banned above set amounts for property, vehicles and shares, and foreign currency debts payable in Mexico can be settled in pesos. None of this blocks investment; each rule has a well worn compliance route, and this page gives the rule, the official article, the cost and a worked number for each one.
USD conversions use MXN 18.5026 per US dollar, the US Federal Reserve H.10 noon buying rate in New York for 16 October 2026 (FRED series DEXMXUS), the latest observation available when this page was verified. Mexican law uses the Banxico FIX rate for foreign currency amounts, which differs slightly. Conversions are for orientation only.
Key facts
| Indemnity for unjustified dismissal, before back pay and seniority premium | 3 months of salaryLFT art. 48, as of 2026-10-26 · in force |
|---|---|
| Seniority premium per year of service on any dismissal (daily salary capped at twice the minimum wage) | 12 days of salary per yearLFT arts. 162 and 486, as of 2026-10-26 · in force |
| Maximum back pay after losing a dismissal case, before interest | 12 monthsLFT art. 48, as of 2026-10-26 · in force |
| Mandatory employee profit sharing (PTU), share of taxable income | 10 %LFT art. 117; Sixth National Commission resolution, as of 2026-10-26 · in force |
| Per worker profit sharing cap: higher of three months of salary or three year average | 3 months of salaryLFT art. 127, section VIII, as of 2026-10-26 · in force |
| Annual bonus (aguinaldo), minimum, due before 20 December | 15 days of salaryLFT art. 87, as of 2026-10-26 · in force |
| General minimum wage, 2026 | 315.04 MXN per dayCONASAMI resolution, DOF 9 December 2025, as of 2026-10-26 · in force |
| Specialized services registry (REPSE) renewal period | 3 yearsLFT art. 15, as of 2026-10-26 · in force |
| Corporate income tax rate | 30 %LISR art. 9, as of 2026-10-26 · in force |
| Payments above this amount must be electronic, by nominative check or card to be deductible | 2000 MXNLISR art. 27, section III, as of 2026-10-26 · in force |
| Retention period for accounting and tax records | 5 yearsCFF art. 30, as of 2026-10-26 · in force |
| Restricted zone width along borders (no direct foreign ownership) | 100 kmConstitution art. 27, section I, as of 2026-10-26 · in force |
| Restricted zone width along coasts (no direct foreign ownership) | 50 kmConstitution art. 27, section I, as of 2026-10-26 · in force |
| Maximum term of a restricted zone trust, extendable | 50 yearsLIE art. 13, as of 2026-10-26 · in force |
| SRE fee for a restricted zone trust permit, 2026 (rounded amount payable) | 21650 MXNLFD art. 25, section V a); RMF 2026 Annex 4, as of 2026-10-26 · in force |
| Minimum shareholders of a sociedad anónima | 2 shareholdersLGSM art. 89, section I, as of 2026-10-26 · in force |
| Maximum total annual income of an S.A.S. (open to individuals only), 2026 | 7678849.94 MXNLGSM art. 260; update agreement DOF 26 December 2025, as of 2026-10-26 · in force |
| Cash payment ban threshold, real estate, 2026 (8,025 UMA) | 941412.75 MXNLFPIORPI art. 32, section I; UMA 2026 MXN 117.31, as of 2026-10-26 · in force |
| Cash payment ban threshold, shares, vehicles, jewelry and art, 2026 (3,210 UMA) | 376565.10 MXNLFPIORPI art. 32, sections II, III and VI; UMA 2026 MXN 117.31, as of 2026-10-26 · in force |
| Unit of Measure and Update (UMA), daily value from 1 February 2026 | 117.31 MXNINEGI publication DOF 9 January 2026, as cited by IMSS, DOF 6 February 2026, as of 2026-10-26 · in force |
| Foreign currency debts payable in Mexico may be settled in pesos at the prevailing rate | Yes Ley Monetaria art. 8, as of 2026-10-26 · in force |
The rule
Cost to do it: With the 2026 general minimum wage of MXN 315.04 a day, the seniority premium salary cap is MXN 630.08 a day (about USD 34.05). Settlements are usually signed before the federal or local conciliation center, which charges no fee; legal counsel is a separate professional cost.
Example: A permanent employee earning MXN 30,000 a month (MXN 1,000 a day) with five years of service is dismissed without a valid written notice. Minimum exposure: three months of salary, MXN 90,000, plus a seniority premium of 12 days x MXN 630.08 x 5 years = MXN 37,804.80, total MXN 127,804.80. If the case is litigated and lost, back pay of up to twelve months (up to MXN 360,000) is added. / About USD 6,907 minimum (USD 4,864 indemnity plus USD 2,043 seniority premium), rising by up to about USD 19,457 of back pay if the employer loses in court.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (Chamber of Deputies consolidated text, last reform DOF 14 May 2026), Arts. 47 (final paragraphs), 48, 49, 50, 162 and 486, 1970-04-01 official text · verified 2026-10-26 · changed: The DOF 1 May 2019 labor justice reform moved dismissal claims to mandatory prejudicial conciliation and to federal and state labor courts, and allowed the written notice to be filed with the court; the DOF 24 December 2024 reform restated art. 50 and added a separate indemnity line for digital platform workers.
Cost to do it: 10 percent of taxable income (renta gravable), paid in cash to employees, subject to the per worker cap. SAT states that companies with annual declared income of no more than MXN 300,000 are exempt under a 1996 STPS resolution.
Example: A Mexican subsidiary with taxable income of MXN 10,000,000 for 2026 owes employees MXN 1,000,000 of profit sharing, payable within 60 days after its 2026 annual return is due (return due by 31 March 2027), with each worker's share limited to the greater of three months of salary or that worker's three year average. / Taxable income of about USD 540,465 produces a profit sharing pool of about USD 54,046, before the per worker cap.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (consolidated text, last reform DOF 14 May 2026); Resolution of the Sixth National Commission for Employee Profit Sharing, as cited by SAT, LFT arts. 117, 122 and 127, sections I and VIII; Sixth Commission resolution, first resolutive point, 1970-04-01 official text · verified 2026-10-26 · changed: The DOF 23 April 2021 outsourcing reform added the per worker cap (art. 127, section VIII), which the DOF 24 December 2024 reform restated.
Cost to do it: The LFT sets no government fee for REPSE registration. The real cost is moving staff onto the Mexican entity's own payroll, with its social security, housing fund and profit sharing obligations.
Example: A foreign software company that wants ten developers in Guadalajara cannot lawfully have a local agency employ them and lend them out, because development is its core activity. It must hire them through its own Mexican entity; it may still contract a REPSE registered firm for, say, specialized building maintenance. / Not a monetary rule; the exposure is joint liability for the contractor's unpaid wages and social security, plus the loss of deduction and VAT credit that the tax laws attach to prohibited subcontracting.Ley Federal del Trabajo (LFT), DOF 1 April 1970, as reformed by the outsourcing decree DOF 23 April 2021 (consolidated text, last reform DOF 14 May 2026), Arts. 12, 13, 14 and 15, 2021-04-23 official text · verified 2026-10-26 · changed: The DOF 23 April 2021 reform replaced the earlier permissive outsourcing rules with the general ban and the specialized services registry.
Cost to do it: At least 15 days of salary per worker per year, prorated for partial years.
Example: A worker on MXN 1,000 a day is owed at least MXN 15,000 before 20 December; a worker on the 2026 general minimum wage of MXN 315.04 a day is owed at least MXN 4,725.60. / About USD 811 and USD 255 respectively.Ley Federal del Trabajo (LFT), DOF 1 April 1970 (consolidated text, last reform DOF 14 May 2026), Art. 87, 1970-04-01 official text · verified 2026-10-26
Cost to do it: SAT's own invoicing service is free to use; most companies pay an authorized certification provider (PAC) or ERP connector. Under the 30 percent corporate tax rate, an undocumented or cash paid expense costs 30 percent of its amount in lost deduction.
Example: A Mexican subsidiary pays a local consultant MXN 50,000 in cash, or without a CFDI. The expense is not deductible, so at the 30 percent rate the company pays MXN 15,000 more income tax than if it had paid by transfer against a CFDI. / An expense of about USD 2,702 that loses its deduction costs about USD 811 of extra tax.Código Fiscal de la Federación (CFF), DOF 31 December 1981 (consolidated text, last reform DOF 9 April 2026); Ley del Impuesto sobre la Renta (LISR), DOF 11 December 2013 (consolidated text consulted, last reform DOF 1 April 2024), CFF arts. 29 and 30; LISR arts. 9 and 27, section III, 1981-12-31 official text · verified 2026-10-26 · changed: The DOF 12 November 2021 tax reform restated CFF art. 29 to require a CFDI also for exports not involving a sale and to require an active tax registration and e.firma to issue CFDIs.
Cost to do it: 2026 federal fees (RMF 2026 Annex 4, rounded amounts payable): MXN 595 to examine each permit application, MXN 21,650 for a restricted zone trust permit, MXN 1,475 for each notice of non residential acquisition by a Mexican company with foreign shareholders. Bank trustee, notary and registry fees are additional and vary.
Example: A foreign individual buying a beach apartment in Quintana Roo sets up a bank trust: SRE fees of MXN 595 plus MXN 21,650 = MXN 22,245, plus the bank's set up and annual trustee fees and the notary. / Federal fees of about USD 1,202, before bank and notary costs.Constitución Política de los Estados Unidos Mexicanos, DOF 5 February 1917 (consolidated text, last reform DOF 7 October 2026); Ley de Inversión Extranjera (LIE), DOF 27 December 1993 (consolidated text, last reform DOF 27 May 2024); Ley Federal de Derechos (LFD) and RMF 2026 Annex 4, DOF 28 December 2025, Constitution art. 27, section I; LIE arts. 10, 10 A, 11, 12 and 13; LFD art. 25, sections III, V and X, 1917-02-05 official text · verified 2026-10-26
Cost to do it: No extra government fee; the second shareholder is usually an affiliate holding one share, which adds a second set of corporate documents and, for foreign holders, registration with the National Foreign Investment Registry.
Example: A US parent forms a Mexican S.A. with 999 shares held by the parent and 1 share held by a US affiliate. If the affiliate's share is later transferred to the parent, leaving one shareholder, the company falls into a cause of dissolution. / The S.A.S. income cap of MXN 7,678,849.94 is about USD 415,015 a year.Ley General de Sociedades Mercantiles (LGSM), DOF 4 August 1934 (consolidated text, last reform DOF 20 October 2023; S.A.S. income cap updated by agreement DOF 26 December 2025), Arts. 89, section I; 229, section IV; and 260, 1934-08-04 official text · verified 2026-10-26
Cost to do it: With the 2026 UMA of MXN 117.31 a day (in force from 1 February 2026), the real estate threshold is MXN 941,412.75 and the shares and vehicles threshold MXN 376,565.10. The minimum fine is MXN 1,173,100.
Example: A buyer pays MXN 400,000 in cash for 10 percent of the shares of a Mexican company. Because MXN 400,000 is above MXN 376,565.10, the payment is prohibited and both sides face a fine of at least MXN 1,173,100 or up to the full value of the operation, whichever is greater. / The share threshold is about USD 20,352 and the real estate threshold about USD 50,880; the minimum fine is about USD 63,402.Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilícita (LFPIORPI), DOF 17 October 2012 (consolidated text, last reform DOF 16 July 2025), Arts. 32, 33, 53, section VII, and 54, section III, 2012-10-17 official text · verified 2026-10-26 · changed: The DOF 16 July 2025 reform restated art. 32, extended the ban to any cash settlement through a financial entity and to payments into court, and restated the fines in art. 54.
Cost to do it: No fee; the cost is FX exposure between the contract currency and the peso rate on the payment date.
Example: A Mexican customer owes a USD 100,000 invoice payable in Monterrey and pays MXN 1,850,260 at a rate of MXN 18.5026; the debt is discharged even if the supplier wanted dollars. / USD 100,000 owed; the supplier bears the cost of converting the pesos back into dollars.Ley Monetaria de los Estados Unidos Mexicanos, DOF 27 July 1931 (consolidated text, last reforms DOF 19 January 2026), Art. 8, 1931-07-27 official text · verified 2026-10-26
| Common abroad | Mexican rule | Compliant route |
|---|---|---|
| Dismissal at will, or with short notice | Only listed causes, written notice, 3 months plus 12 days per year seniority premium if unjustified (LFT arts. 47, 48, 162) | Document cause and deliver the notice, or settle before the conciliation center |
| Discretionary bonus plans | 10 percent of taxable income to employees, capped per worker (LFT arts. 117, 127) | Budget PTU each year and pay by the end of May |
| Staffing agency or employer of record | Supplying workers is prohibited; only REPSE registered specialized services (LFT arts. 12 to 15) | Hire through your own Mexican entity |
| Year end bonus optional | At least 15 days of salary before 20 December (LFT art. 87) | Accrue monthly |
| Supplier invoice or receipt is enough | Only a SAT CFDI supports a deduction; over MXN 2,000 pay electronically (CFF art. 29, LISR art. 27) | Reject suppliers that cannot issue CFDIs |
| Foreigners buy land directly | No direct title within 100 km of borders and 50 km of coasts (Constitution art. 27) | Bank trust or Mexican company, with SRE permit or notice |
| Single member subsidiary | S.A. needs two shareholders; S.A.S. only for individuals (LGSM arts. 89, 260) | Add an affiliate as a one share holder |
| Cash for large purchases | Banned above 8,025 UMA for property and 3,210 UMA for shares and vehicles (LFPIORPI art. 32) | Pay by bank transfer |
| Contract currency is payment currency | Foreign currency debts payable in Mexico can be paid in pesos (Ley Monetaria art. 8) | Book payment abroad or hedge |
Normal abroad versus the Mexican rule, with the compliant route. Sources: the articles cited in each rule above.
Worked example
- A foreign group sets up a Mexican S.A. to run a 50 person plant, with taxable income of MXN 10,000,000 in its first full year. The rules on this page add the following items that many home country budgets miss.
- Corporate structure: a second shareholder (an affiliate holding one share) is needed from day one, because a sociedad anónima requires at least two shareholders.
- Payroll: aguinaldo of at least 15 days of salary per worker each December, and a profit sharing pool of MXN 1,000,000 (about USD 54,046) paid by the end of May of the following year, with each worker capped at the greater of three months of salary or their three year average.
- Taxes: every supplier must issue a CFDI and be paid electronically above MXN 2,000; an undocumented MXN 50,000 expense costs MXN 15,000 (about USD 811) of extra income tax at 30 percent.
- People changes: dismissing one five year employee on MXN 30,000 a month without proper notice costs at least MXN 127,804.80 (about USD 6,907), and up to MXN 360,000 more in back pay if litigated and lost.
- Property: a warehouse near the US border is bought by the Mexican company itself for non residential use, with a notice to SRE (2026 fee MXN 1,475, about USD 80) within 60 business days and payment by transfer, never in cash.
Step by step
- 1. Before incorporating, decide who the second shareholder will be and register the foreign shareholders' investment as the foreign investment law requires (see the entities and investing pages).
- 2. Before the first hire, put every worker on the Mexican entity's own payroll; do not use an agency to supply staff. Check REPSE registration for any specialized service contractor.
- 3. Adopt written internal work rules and a dismissal procedure that produces a written notice stating the conduct and dates, delivered in person or filed with the labor court within five business days.
- 4. Set up SAT e.firma, digital seal certificates and CFDI issuance before the first sale, and a payables policy that pays only against a valid CFDI and by bank transfer above MXN 2,000.
- 5. Accrue aguinaldo and profit sharing monthly; pay aguinaldo before 20 December and PTU within 60 days after the annual return deadline (31 March for companies).
- 6. For any property, confirm whether it lies in the restricted zone; use the company (non residential) with an SRE notice within 60 business days, or a bank trust with an SRE permit (residential).
- 7. Pay for property, vehicles, shares and similar assets above the LFPIORPI thresholds only by bank transfer, and keep the evidence for the notary.
- 8. Keep accounting and supporting documents for at least five years from the related return.
Common traps
- Failing to deliver the written dismissal notice, or delivering it late, turns any dismissal into a presumed unjustified one, even if the cause was real.
- Back pay keeps running while a dismissal case is open, up to twelve months, so a slow settlement is often the most expensive option.
- The seniority premium is owed on every dismissal of a permanent worker, justified or not.
- Directors, administrators and general managers do not share in profits, but other confidential staff do, with a capped salary base.
- An employer of record contract for staff doing the client's core activity is prohibited subcontracting, and the client carries joint liability for those workers.
- An expense paid in cash above MXN 2,000 is not deductible even if a CFDI was issued.
- Placing restricted zone residential property in the name of a foreign individual, rather than through a bank trust, conflicts with the Constitution; a foreigner who breaks the Calvo clause agreement risks losing the property to the Nation.
- Consolidating all shares of a Mexican S.A. in the parent after an intragroup transfer puts the company in a cause of dissolution.
- The cash ban applies even if the cash is deposited through a bank, and the fine can reach the full value of the deal.
- A USD price in a Mexican contract does not guarantee payment in dollars; the debtor may pay the peso equivalent at the prevailing rate.
Sources
- Ley Federal del Trabajo, Chamber of Deputies consolidated text
- Ley Federal del Trabajo, consolidated text, last reform DOF 14 May 2026 (copy consulted)
- SAT, Manual laboral fiscal de participación de utilidades 2026
- CONASAMI, minimum wages in force from 1 January 2026
- Código Fiscal de la Federación, Chamber of Deputies consolidated text
- Código Fiscal de la Federación, consolidated text, last reform DOF 9 April 2026 (copy consulted)
- Ley del Impuesto sobre la Renta, Chamber of Deputies consolidated text
- Ley del Impuesto sobre la Renta, consolidated text (copy consulted)
- Constitución Política de los Estados Unidos Mexicanos, Chamber of Deputies consolidated text
- Constitution, consolidated text, last reform DOF 7 October 2026 (copy consulted)
- Ley de Inversión Extranjera, Chamber of Deputies consolidated text
- Ley de Inversión Extranjera, consolidated text, last reform DOF 27 May 2024 (copy consulted)
- Ley Federal de Derechos, Chamber of Deputies consolidated text
- RMF 2026 Annex 4, updated LFD amounts for 2026, DOF 28 December 2025
- Ley General de Sociedades Mercantiles, Chamber of Deputies consolidated text
- Ley General de Sociedades Mercantiles, consolidated text, last reform DOF 20 October 2023 (copy consulted)
- LFPIORPI, Chamber of Deputies consolidated text
- LFPIORPI, consolidated text, last reform DOF 16 July 2025 (copy consulted)
- IMSS agreement citing the 2026 UMA values, DOF 6 February 2026
- Ley Monetaria, Chamber of Deputies consolidated text
- Ley Monetaria, consolidated text, last reforms DOF 19 January 2026 (copy consulted)
- US Federal Reserve H.10 via FRED, Mexican pesos to one US dollar (DEXMXUS)
- Argentina, Ley 27.334 approving the Argentina Mexico double taxation agreement, in force 23 August 2017
Related pages
- labor/overview
- taxes/overview
- entities/choosing-an-entity
- real-estate/overview
- regulation/overview
- fx/overview
- start/start-here
- /country/mexico/
- /calendar/
- /dashboard/
- https://theargentinethread.com/guide/
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