Cabo Closing Services delivers seamless, secure real estate closings in Los Cabos, backed by extensive experience and expert legal guidance.
Expert closing services for buyers in Los Cabos, ensuring secure transactions from offer negotiation to deed execution..
Professional closing services for sellers in Los Cabos, maximizing profits and ensuring secure transactions.
Comprehensive title search services in Los Cabos, protecting buyers from legal issues.
Expert appraisal services in Los Cabos, providing accurate property valuations to support informed buying and selling decisions.
What is a Fideicomiso (Mexican Real Estate Trust)
What Is a Fideicomiso? A fideicomiso is a bank trust that allows foreigners to legally own property in Mexico’s restricted zone (within 50 km of the coast or 100 km of the border). The bank holds the title as trustee, but you retain full ownership rights, allowing you to sell, rent, or pass the property to heirs. The trust lasts 50 years and is renewable indefinitely.
Why Is It Secure?
Government-Regulated – Banks follow strict financial and legal oversight.
Full Ownership Control – It’s not a lease; you have full property rights.
Flexibility – You can sell or transfer ownership anytime.
A fideicomiso is a safe, established method for foreigners to invest in Mexican real estate with confidence.
Similar to the U.S., you can title property in Mexico through:
• Individual name(s) (joint tenancy or tenants-in-common)
• Family or individual trust
• LLC or other corporation/partnership.
Consult your U.S. legal or accounting advisors to choose the best option, as tax and legal implications for foreigners remain consistent regardless of title structure.
How do I create a Fideicomiso?
The process is straightforward and includes:
• Drafting the Trust: Legal professionals collaborate with a notary to draft the trust agreement.
• Coordination: Our team handles communication with the Trustee Bank and ensures compliance with Mexican regulations.
• Finalization: Once completed, you gain full rights to manage and enjoy your property.
How long does the closing process take?
Closings typically take about 60 working days, though holidays, permits, or bank timelines may cause delays. Our team works to minimize disruptions and keeps all parties informed.
Closing Costs in Mexico generally include:
Notary fees
Trust setup fees (if applicable)
Property transfer taxes
Escrow fees
Appraisal costs
Legal fees
Capital gains tax (for sellers)
These costs vary depending on the property’s value and location. It’s important to factor in these expenses to ensure a smooth and transparent transaction.
Capital Gains Tax When Selling Property in Mexico – How Much & How to Maximize Deductions?
Q1: How much Capital Gains Tax (ISR) will I pay when selling my property? ISR is calculated on the difference between the selling price and the original purchase price, adjusted for inflation and allowable deductions. The tax rate varies but can be as high as 35% for individuals.
Q2: What deductions can I apply to lower my taxable gain? You may deduct: Original purchase price (adjusted for inflation) Notary fees, closing agent fees, acquisition taxes, and dues Real estate agent commissions Construction and home improvement costs (must have valid tax receipts)
Pro Tip: Take before, during, and after pictures of renovations to help justify deductions.
Q4: Do foreigners pay Capital Gains Tax when selling property in Mexico? Yes. Foreign sellers may be subject to either: 25% tax on the total sale price 35% tax on net gains (after deductions) Tax treatment varies, so consulting an expert is key.
Q5: How can I ensure I pay the right amount of tax? Working with a notary public and tax advisor ensures you apply the correct deductions and exemptions, avoiding overpayment.
Closing Services for Buyers
Closing Services for Sellers
Title Search
Appraisals
© 2025. Cabo Closing Services, All Rights Reserved