BajaNomad

Captial Gains in Mexico???

CortezBlue - 11-14-2006 at 09:33 AM

Ok,
Can anyone tell me about selling a home in Mexico and how you handled Capital Gains?

It appears there are several ways to go about this. However, one solution looks like an FM3 and part time living allows you to sell you house with out capital gains.

Let me know

Capital Gains

southerner - 11-14-2006 at 11:36 AM

Give this thread a try:

http://forums.bajanomad.com/viewthread.php?tid=15892#pid1346...

This should cover most of your questions.

comitan - 11-14-2006 at 11:40 AM

Or this one:

http://www.bajainsider.com/baja-business/taxes-mexico-real-e...



[Edited on 11-14-2006 by comitan]

oxxo - 11-15-2006 at 06:45 AM

Mexico capital gains or U.S. capital gains?

My understanding is that you will have to pay capital gains taxes in either Mexico or the U.S regardless of your residency status in Mexico.

The Mexican capital gains tax is deducted by the notario and paid to the government and then you, the seller, are paid the difference. My understanding is that the Mexican capital gains tax is approximately 33% (35% less inflation) of your gain less any expenses (improvements, sales commissions, etc.). You MUST have official receipts (facturas) for expenses or they will not be allowed.

It is now quite difficult to get a Mexican tax exemption for capital gains. But if you should get the exemption, you are not off the hook in the U.S. The U.S. does not have a captial gains exemption for foreign owned property even if your Mexico property is your primary residence. This exemption only applies to U.S. owned property. If you pay Mexican capital gains, the U.S. tax code allows you to apply these monies toward your U.S. captial gain obligation. If the amount of Mexican captal gains is less than your U.S. obligation, you will owe the difference in the U.S. If you don't pay Mexican capital gains, then you will owe the total U.S. capital gains tax at the Federal and State rate of your state of residence.

I believe this information is correct, but I am not qualified to give legal advice. I advise that you seek appropriate legal counsel on this matter.