Job Discussion Forums

[klgrant2]

I'm thinking about moving to Mexico for several months/year to try things with my long-distance boyfriend. I was looking at finishing my TESOL certificate and teaching, but have possibly found some freelance work in the U.S. that I could do remotely. If I'm planning on only staying for 6 months will I be fine on a tourist visa since I'm not technically working in Mexico? Is there any way I can get an FM-3 this way, or am I pretty much just stuck going the "tourist" route?
Has anyone gone the route of doing U.S. work remotely while in Mexico? Any advice?

[amaranto]

If you only plan on staying in Mexico for 6 months, then why would you want an FM3? You will not have to worry about working illegally since your employer is based in the States. Also, unless you think you can swing an independent FM3, you will need a Mexican employer to sponsor you.

Save yourself a headache.

[notamiss]

On another forum there is an American expat long-time resident in Mexico who seems to know his way around the tr�mites pretty well and gives reliable advice in general. Whenever this question is asked over there, his answer is that the Mexican authorities don't care where your work is, they care where your hiney is. So according to him, Hacienda would consider you to be working illegally if you didn't have an FM3.

[amaranto]

I consulted a tax lawyer, who referred me to the Mexican Income Tax Law (Ley del Impuesto Sobre la Renta). Regarding your case, in which you will be working for an American company that is based in the States, the law states that you are exempt from declaring taxes regarding foreign-earned income for a period of up to 183 calendar days (just over the maximum amount of time granted for a tourist visa), consecutive or not, within a period of 12 months. If, however, the company for which you work has installations in Mexico, the foregoing does not apply (Article 181).

Notwithstanding, its really difficult to give you advice without knowing more about the nature of your job and living situation, as the Income Tax Law will categorize you as exempt or non-exempt based on this information--there are many factors (source of income's location according to the stipulations of the law, whether you're considered a resident for tax purposes, what type of services you render, etc.). One thing that may end up helping you out is if you are rendering services completely online, as there are no current regulations applicable to this kind of work (to my lawyer's knowledge).

In the end, it is up to you to decide if you want to risk getting caught, though I doubt immigration is running around after tourists checking their sources of income. It might be to your advantage to consult a lawyer if you decide to stay for longer than the maximum period granted on your tourist visa, or try to get a sponsor for your FM3 if you decide you will want to stay before the period expires.

[Phil_K]

The way I see it is, you are effectively a tourist. Problems usually only start in Mexico when you have to do some application with immigration, and they discover something is irregular. As you will only be here 6 months, (therefore you won't have to visit immigration) and will be working remotely, I can't see how anyone can see you as anything other than a tourist. if it were me, I'd do what I had to do, and clear out before the tourist visa expired.

Any dealings with the Inland Revenue Service is beyond by knowledge (I'm British), but as far as Mexico is concerned, I think you'd be in the clear. Even if someone tipped off the authorities, I could think of a similar scenario:

An entrepreneur taking a six month vacation is Mexico, but keeping in touch with his activities in another country, while at the same time continuing to draw a salary for himself. Nothing wrong with that, is there?

[Tretyakovskii]

In my opinion, there is considerable clarity and accuracy in the reponses, here, to the OP, given the nature of the question. The last two posts offer both the legal and practical perspective, while keeping it succinct.

Posters asking this type of question have no idea the degree of complexity that can be involved in replying to it.

[Phil_K]

[klgrant2]

Thanks for the responses. I knew it would be a complex topic but your insight really helps at least with the "simple" answer. I would love to stay for longer but am worried about actually finding a job while there.
Just to clarify (I'm sure this is about as close to a stupid question as there can be): When you all originally went to Mexico and had not yet found jobs you went initially on a tourist visa, correct? What did you list as your reason for being there until you found a job--business, tourist? I am just afraid of doing something wrong as I don't really know anyone else who has even attempted to go and find employment in Mexico.

[Samantha]

As a tourist, tell them you are here on extended vacation to explore and learn the language. They don't need to know anything else at this point. Armed with an ATM card and/or credit card, you have proof of financial support for the 180 day time frame (in case that subject is raised).

Working on line for the winter months while enjoying the beach and sun, is a very popular thing for northerners to do, where I live. Many people use that on line income as a way to qualify for their FM3 (FM3 Rentista - which does not authorize you to actually earn money IN Mexico, but requires you to show that you have outside income to support yourself.) Good luck and I hope you have a great time in Mexico.