Own In Mexico, Cabo San Lucas
YES, YOU CAN OWN IN MEXICO, NOT JUST LEASE THE LAND. THE PROCESS IS VERY SIMILAR TO A TRUST IN THE UNITED STATES. SEE BELOW…
FINANCING IN MEXICO
Financing is very complicated and can be expensive in Mexico. Interest rates average 7-10% per annum plus thousands of extra USD in closing costs. For this reason, we offer limited financing options for resale homes. However, there are many sellers who will finance the homes they are selling for a much more reasonable interest rate. For new resort projects, the Developer often offers financing as an incentive to take advantage of pre-construction pricing. Some sellers will also offer to carry a portion of the sales price back usually for 3-7 years with a balloon payment.
NOTE: THERE IS A NEW OPTION AVAILABLE CURRENTLY FOR FINANCING, PLEASE CALL US FOR MORE INFO.
MEXICAN PROPERTY TRUSTS
(FIDEICOMISO)
In 1973, amendments to the Constitution permitted foreigners to purchase and own real estate in Mexico located within the “restricted zone” which is all land within 60 miles of a national border and within 30 miles of the Mexican Coast. This Law permitted ownership through a land trust or “Fideicomisco”.
A “Fideicomisco” is a Mexican Trust. The way it works is the Mexican Government issues a permit to a Chartered Bank of your choice doing business in Mexico. This allows the bank to act as the Administrator for the owner of the property. The bank acts as the “Trustee” for the Trust and the Owner is the “Beneficiary” of the Trust. The “Beneficiary” rights are very similar to Living Wills or Estate Trusts in the U.S.
The law authorizes Mexican banking institutions to act as trustees. A trustee takes instructions only from the beneficiary of the trust (the foreign purchaser). The beneficiary has the right to use, occupy, and possess the property, including the right to build on it or otherwise improve it. The beneficiary may also sell the rights and instruct the trustee to transfer the title to a qualified owner.
Many people refer to the trust arrangement in Mexico as a lease agreement… this is not true. The home or property that you buy will be put into a trust with you named as the beneficiary of the trust – you are not a lessee. You have all the rights that an owner of the property in the U.S. or Canada has, including the right to enjoy the property, sell the property, rent the property, improve the property, etc.
The fideicomisco is a Trust Agreement with the Bank, and therefore considered a contract that must have an end date. This is the reason for the 50-year term. A beneficial owner can renew the trust for an additional period of 50 years within the last year of each 50-year period, and this process can be continued indefinitely, providing for long term control of the asset.
TAXES
Property Taxes
Are very low in Los Cabos, BCS, and average about $300-500 USD per year for a Home. The Mexican tax system has been subject to comprehensive tax reform legislation enacted principally in 1986 and 1988. Although this tax law is subject to change we have supplied this information to better help our customers understand the basic tax laws with the emphasis on your real estate purchases and sales. Taxes are always to be considered in your real estate transactions and this is even truer when as a foreigner it is possible that two countries may claim tax jurisdiction over you and your property. Various taxes and procedures with regards to your transactions are calculated somewhat differently here in Mexico, with the key points being; can you claim as a tax resident? When is a property subject to tax? And to know exactly what taxes you can be subject too. YourCabo Real Estate feels it is very important to always consult with a local tax consultant or Notario for up to date information.
Understanding the tax laws of Mexico is an extremely important part of real estate ownership in Mexico.
Purchasing Taxes:
The transfer tax in Mexico is at the rate of 2% of the purchase price. It could be said that the most important thing that we can stress is to always properly record your purchase price at full value and pay this tax. It is not a good idea to save a little by recording a lower purchase price as this can often be heard as a suggestion but should never be considered. If a lower sales price is registered, basically the seller will avoid some of their 30% capital gains tax and in the future when it comes time for you to sell, you will be forced to pay a higher amount of capital gains tax that is not necessary. Pay the 2% tax and avoid the 30% tax.
Inflationary Credits:
As soon as you have paid your 2% acquisition tax you are now eligible to receive an inflationary credit for every year you own your property. This credit will be added to your base purchase price when you sell your home and can be very substantial in some cases.
Capital Gains Tax Exemption:
Mexico provides its residents with a tax incentive for residents that sell their personal residences. The law states that after 2 years of ownership you may sell your personal home and be capital gains exempt. This tax exemption is for Mexican Nationals but also applies to some foreigners with their primary residence here in Mexico.
It is not necessary to have a special Immigration Visa at the time of purchase of the real estate. When you have decided you want to stay for extended periods of time, you may consult your local Mexican Consulate Office on Temporary and/or Permanent Visa applications. This may help to mitigate the Capital Gains Taxes when you sell your property.
