¡Hola empresario mexicano! Si estás operando un negocio en los Estados Unidos, es crucial que estés al tanto de las normativas de cumplimiento, legales y de reporte de propiedad beneficiosa. Sabemos que puede ser abrumador navegar por las regulaciones de otro país, pero estamos aquí para ayudarte a entender y cumplir con todos los requisitos necesarios. Desde la Ley de Cumplimiento con el Extranjero (FCPA) hasta las regulaciones de propiedad beneficiosa, te guiaremos a través de todo el proceso para asegurarnos de que tu negocio opere de manera legal y ética en los Estados Unidos. ¡Vamos juntos a hacer crecer tu empresa de manera segura y exitosa!

Registration Requirements

The United States consists of 50 states and 5 territories, each with its own set of business regulations. To operate legally, businesses must adhere to both state-specific rules and federal laws.

State-Level Registration:

When establishing a business presence in the United States, businesses from Mexico must complete state-level registration in any state where significant business activities occur. This requirement typically applies if your company:

• Has a physical presence in the state
• Frequently meets with clients in the state
• Derives a significant portion of revenue from the state
• Has employees working in the state

Incorporating your Mexican Company in the US

Even if none of the specific criteria apply, a Mexican company must still choose a home state for registration when conducting business in the US. This involves forming a U.S. entity, such as a corporation, LLC, or other business structure, in that state. This registration ensures that the company is officially recognized and compliant with US regulations, regardless of its level of business activity in any individual state.

The newly formed U.S. entity will operate as a subsidiary of the foreign company. This means that while the U.S. entity is legally independent, it remains under the ownership and control of the parent company based in Mexico. This structure allows the company to conduct business in the US while maintaining its international headquarters.

We recommend using Northwest Registered Agent if your foreign company needs to incorporate. They offer expert guidance and can serve as a reliable registered agent for your business, ensuring compliance and smooth operations.

Federal Requirements

In addition to state requirements, Mexican companies must also comply with federal regulations:

• Federal Tax ID: Obtain an Employer Identification Number (EIN) from the IRS. This number is essential for tax reporting and opening U.S. bank accounts.
• Industry Regulations: Companies may need to follow specific federal regulations depending on the industry. For example:
• Import/Export Laws: If the company is involved in importing or exporting goods, it must meet U.S. customs regulations. This includes adhering to rules for tariffs, duties, and necessary documentation.

Beneficial Ownership Information Reporting Requirements

For Mexican businesses conducting operations in the U.S., adhering to Beneficial Ownership Information Reporting (BOIR) requirements is crucial. The Corporate Transparency Act mandates that companies disclose the individuals who own or control them. This applies to most entities, including those that are incorporated or registered in any U.S. state. The goal is to enhance transparency and combat illicit activities such as money laundering and terrorism financing.

A beneficial owner is an individual who controls the company or owns 25% or more of its shares, either directly or indirectly. For compliance with BOIR requirements, businesses must report information about these individuals, including their names, addresses, and identification details. Failure to file this report can result in significant penalties and legal consequences. Therefore, companies from Mexico need to ensure they meet these reporting obligations promptly and accurately.

For your convenience, you can file your Beneficial Ownership Information Report directly on our website. Click here to complete the process in just a few minutes and ensure your business complies with U.S. regulations.

Additional Considerations for Mexican Businesses:

Tax Treaties

The tax treaty between the USA and Mexico offers significant advantages for businesses operating across borders. It helps prevent double taxation, reduces withholding taxes on certain types of income, and provides clarity on tax obligations for both countries. This agreement streamlines cross-border transactions and investments, making it easier for Mexican businesses to expand into the US market. For more detailed information about the specific provisions and benefits of the tax treaty, click here to access official documents and resources provided by the IRS.

Trade Considerations

When conducting business with the USA, Mexican companies should be aware of the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA in 2020. This agreement governs trade relations between the three countries and includes provisions on tariffs, rules of origin, intellectual property, digital trade, and labor standards. Mexican businesses should familiarize themselves with the specific requirements and benefits outlined in the USMCA for their industry. Additionally, they should stay informed about any potential changes or updates to the agreement, as well as any industry-specific regulations that may apply to their products or services. It’s crucial to consult with legal and trade experts to ensure compliance with all relevant laws and regulations when engaging in cross-border trade with the United States.

Your Path to Compliance: Key Takeaways for Mexican Businesses in the U.S.

Operating a Mexican business within the USA requires careful attention to legal obligations, from establishing your home state to incorporating and filing a beneficial ownership report. Meeting these requirements is essential for ensuring compliance and securing your business’s success in the American market. By understanding and adhering to these steps, you can confidently navigate the complexities of doing business in the U.S. and focus on growing your enterprise.

Ready to get started? Click here to file your BOIR in just a few short minutes. We make the process easy, fast, and secure so you can focus on what matters—your business.