Mexico capital gains tax foreigners

The savvy expat's tax strategy for Mexican real estate

14 min read·January 1, 2026

Most foreign buyers think about Mexican taxes once: at closing. The smart ones think about Mexican taxes before they sign the purchase offer, during ownership, and when they eventually sell. The difference in outcomes between those two approaches can easily exceed $40,000 USD on a mid-market property. This guide covers the complete tax picture for US and Canadian owners, including the tools most agents never mention.

The Factura rule: the paper trail that saves you tens of thousands

When you sell a Mexican property, the Notary calculates your capital gain as the difference between your original acquisition cost and your sale price. Any documented improvements you made to the property during ownership can be added to the acquisition cost, which reduces the taxable gain. The word 'documented' is doing enormous work in that sentence. In Mexico, the only documentation the SAT (Mexico's tax authority) recognizes for renovation expenses is a Factura CFDI, an official electronic tax invoice issued by a registered contractor or supplier. Calculate your acquisition cost baseline →

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A seller who spent $50,000 USD on a kitchen remodel, new HVAC, and flooring upgrades but paid contractors in cash without requesting official Facturas has no documented evidence of that investment. When they sell, the SAT treats those $50,000 as if they never happened. The capital gains calculation is on the full difference between sale price and original acquisition cost.

The rule is simple: every peso you spend improving the property must come with a Factura. This means finding contractors who are registered with the SAT and willing to issue official invoices. Many informal contractors in Puerto Vallarta prefer cash and will not issue Facturas, or will issue them only for a fraction of the actual work. Insisting on Facturas is not optional. It is the difference between paying tax on a gain and paying tax on a fantasy.

If you cannot provide official Facturas for your renovations, Mexican law allows non-residents to opt for a flat 25% withholding tax on the gross sale price. While it prevents deductions, it provides a certain path to closing for owners with incomplete records.

The Factura habit to start on day one

From the moment you close, request a Factura CFDI for every improvement, renovation, and significant maintenance expense. Store them digitally in a dedicated folder. When you eventually sell, your Notary will use these documents to reduce your taxable capital gain. Losing a $50,000 renovation to a missing paper trail is one of the most common and most preventable tax mistakes in Mexican real estate.

The residency hack: how permanent residency can eliminate your capital gains tax

Mexican tax law includes a capital gains exemption for primary residence sales: a qualifying seller can exclude approximately 700,000 UDIs (a Mexican inflation-indexed unit, roughly equivalent to $320,000 USD at current exchange rates, adjusted annually with inflation) from capital gains tax when selling their primary home. The exemption is available every three years. The key word is primary residence, and the SAT has strict documentation requirements to prove it.

Temporary vs. permanent residency: the tax implications

Temporary Residency is a four-year, annually-renewed visa available to buyers who demonstrate a minimum monthly income or a qualifying asset base. Permanent Residency is available after four years of temporary residency or directly for buyers who meet a higher income threshold or have certain family ties to Mexican citizens.

The tax distinction matters at the point of sale. A seller with Permanent Residency who has used the property as their primary address can qualify for the primary residence capital gains exemption more straightforwardly than a Temporary Resident or a tourist buyer. A seller with no residency status who sells as a foreign national without primary residence evidence pays ISR (income tax on the capital gain) at a rate of up to 35%. The decision to obtain residency is not purely an immigration decision. It is a financial planning decision with a quantifiable impact on your eventual sale proceeds.

Property taxes (Predial): the January discount you should never miss

The annual Predial (property tax) is one of the genuine advantages of owning in Mexico. On a $300,000 USD condo in Puerto Vallarta, the annual Predial is typically $300 to $600 USD, a fraction of what comparable properties in the United States carry. The municipal treasury offers a 15% discount for owners who pay the full year in January, dropping to 10% in February and March. Paying in January also produces the current official Predial receipt, which the Notary will request as part of the due diligence package when you eventually sell.

The Predial receipt matters for another reason: one of the documents needed to qualify for the primary residence capital gains exemption at the time of sale is a series of consecutive annual Predial receipts showing consistent payment in your name at the property address. A gap in payment history, or payment made in someone else's name, weakens the residency documentation trail. Pay your Predial in January, in your own name, every year.

Uncle Sam is still watching: the FEIE and worldwide income rules

US citizens and permanent residents are taxed on their worldwide income regardless of where they live. Moving to Puerto Vallarta does not change your US tax filing obligation. If you earn rental income from your Mexican property, that income is reportable on your US tax return. If you sell the property at a gain, the capital gain is reportable to the IRS. The fact that you may also owe Mexican tax on the same income does not eliminate the US obligation, though foreign tax credits can typically offset a portion of the double-taxation exposure.

The Foreign Earned Income Exclusion (FEIE) allows US citizens who meet either the bona fide residence test or the physical presence test to exclude a portion of their foreign-earned income (up to approximately $132,900 USD in 2026) from US federal income tax. However, the FEIE applies to earned income from employment or self-employment, not to passive income like rental revenue or capital gains. A remote worker who lives in Puerto Vallarta and earns employment income from a US company may qualify for the FEIE. A retiree living on rental income and investment distributions typically does not. A cross-border CPA who specializes in US-Mexico tax situations should review your specific income profile.

Does Mexico and the US have a tax treaty that prevents double taxation?

Yes. The US-Mexico income tax treaty, in force since 1994, provides mechanisms to avoid double taxation on the same income. In practice, this means you can generally claim a foreign tax credit on your US return for Mexican taxes paid on the same income. However, the treaty's application to capital gains from real estate involves nuances, particularly around how the exemptions interact. The treaty does not eliminate all tax obligations. It coordinates them. A CPA familiar with both systems is essential.

Canadian buyers: does the same residency exemption apply?

Mexico's primary residence capital gains exemption is based on Mexican tax law and is available to any seller who can demonstrate primary residence at the property, regardless of nationality. Canadians who establish and document primary residence (utility bills, RFC registration, residency visa) are entitled to the same exemption as US buyers. Canadian buyers must also report the sale to the CRA, and the Canada-Mexico tax treaty provides similar mechanisms to avoid double taxation on the same gain.

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Kali Tovar

Kali Tovar

AMPI-certified agent · Coldwell Banker La Costa · Puerto Vallarta

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