Counsel, Tax & Protection

Capital Gains Tax on Property Sales

The tax on a sale is decided long before the sale — by residency, documented value, and the records that do or do not exist.

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The sale of real estate in Mexico — its enajenación — may generate income tax (ISR) on the gain: broadly, the difference between the documented acquisition value, adjusted as the law allows, and the sale price, due at the time of sale.

By the time of the sale, the outcome is mostly already set.

What Shapes the Result

Four factors do most of the work: the seller’s tax-residency status, the acquisition value actually documented in the original deed, improvements documented as they were made, and any exemption for which the seller may qualify.

The Primary-Home Exemption

Mexican income tax law exempts the sale of a primary home when the conditions are met — tax residency among them. For a foreign national, residency is proved, not declared, and never assumed; the law sets a strict evidentiary standard. The exemption is not automatic.

Why Records Decide It

Acquisition values, improvement invoices (CFDI), and residency evidence are built over years, not produced at the closing table. The reductions and exemptions the law allows reach only the seller whose file already exists when the property is sold — never the one who goes looking for it afterward.

A disposition planned in advance protects the gain; one improvised at the notary’s desk rarely does.

About the Author

Ana Lozano — Attorney at Law, Lozano & Associates. Ana Lozano is the founding partner of the firm and brings a quarter-century of experience advising international clients across Mexico’s regulated coastal and investment jurisdictions. She is certified by the Superior Court of Justice of Guerrero as an expert translator and interpreter in English and Spanish. Her practice integrates regulatory depth with commercial fluency within Mexico’s legal framework.

info@mexicanattorneys.com.mx  ·  lozanoassociates.com  ·  +52 755 544 6007

Taxation on the sale of real estate in Mexico requires individualized legal and tax analysis under Mexican law and applicable regulations.

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