Monday, March 15, 2010

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Real Estate in Mexico

Owning in Mexico

Owning in Mexico

A foreign national can acquire land almost anywhere in Mexico with the permission of the Foreign Affairs Ministry. The only exception in the Foreign Investment Law is that foreigners may not acquire directly real property in the "restricted zone". The restricted zone is the strip of land 100 km (60 miles) from the border and 50 km (30 miles) from the beach. If a foreigner wishes to acquire land in the restricted zone, he or she may enter into an innovative and secure method of holding title through a trust agreement known as a fideicomiso.

The following are the mechanisms for ownership:

1Foreign Individual in the restricted zone:

Fideicomiso: is a trust agreement, much like an estate trust or a living will in the United States. This provides and protects all the rights of ownership. The Trustee (Mexican Bank) takes instruction only from the beneficiary. The beneficiary has the right to use, occupy, lease or build/improve their property. The initial term for the trust is 50 years; however, the trust can be renewed for additional 50 year periods indefinitely.

2Foreign Individual in the non restricted zone:

Fee Simple Title (escritura)

3Mexican Corporation:

A Mexican company with foreign investment, even 100% foreign investment, may acquire fee simple title in the restricted zone as long as it is not used for strictly residential purposes. If the property is considered to be solely residential, the company must use a trust. The Regulations of the Mexican Foreign Investment Law state that residential real estate is real estate specifically to be used as a dwelling by the owner.

4Mexican National:

Fee Simple Title (escritura) & Fideicomiso

 

Financing in Mexico

Financing In Mexico

Obtainining a home loan in Mexico is a more complicated process than that of the United States.  This is largely due to the fact that in the event of a default, foreclosure on the property is a lengthy process; therefore, lenders take additional precautions.

There are two mortgage options:

  1. Loans in Mexican Pesos
  2. Loans in USD

There following are examples of programs and benefits currently available:

Residential purchase/Cash Out Refinance

  • 30 year – 8.00%
  • 25 year – 7.25%
  • 20 year – 6.875%
  • 15 year – 6.62%
  • 10 year – 6.5%

LTVs of up to 80%

Raw Land – Available to US and Canadian citizens

  • 30% down, 10 year note, rates from 7.5%
   

Title Insurance

Turistica Advisors encourages our clients to protect their property investments through purchasing title insurance.

A title guaranty is purchased for a one-time fee and once acquired, protects the policy holder as long as there is an interest in the property.

Title insurance is a contract of indemnity that protects the property rights transmitted to a new property owner/lender and indemnifies the policy holder against damage or loss arising from a defect in the title to real property.

It is not a requirement for purchasing; however, it ensures that the ownership rights of our clients are protected.

   

Capital Gains

Capital gains tax law in Mexico states that tax is owed on the profit the seller receives.

By law, you have two options when it comes to capital gains and you can use whichever is the better of the two options for you:


  • You pay 28 percent* of the net profit. (There are a variety of deductions included in this option.)

  • You pay 25 percent* of the gross sales amount with no deductions.

Although a 28 percent capital gains tax may seem high, Mexico does have several laws and procedures that will assist you in maximizing your cost basis, thereby reducing your net profit and lowering your capital gains.

The key is understanding these laws before you buy, not when you decide to sell.

Percentages reflect the 2007 Tax Code.
   

Inflationary Credit

The purchaser pays two percent acquisition tax to receive the trust, upon that time, the purchaser eligible to receive an inflationary credit from the Mexican government for each year of ownership.

This credit is added to your cost basis when you decide to sell your property. The credit is based on consumer index adjustments (inflation) and can be quite significant.


In the past when inflation was higher, we have seen credits in excess of 15 percent per year applied to a cost basis when you acquired your property some years ago.

On a million-dollar property, this can be as much as $150,000 USD per year added to your cost basis, significantly reducing your capital gains tax should you decide to sell in the coming years.

   

Closing Costs in Mexico

Closing costs vary based on ownership instruments.

Municipal Fees

Acquisition Tax 2% of purchase price
Public Registry Fee 5% of purchase price
Value estimation for property tax 18% of purchase price
Certificate of Freedom from Liens $34

Bank (Trust) Fees (if applicable)

Foreign Affairs Permit & Registration (SRE) $1300
Trust Initiation $695
Bank Trust Fee (also paid annually) $695

Transaction & Legal Fees

Notario Fee $2750
Translation Fees 0
Transaction Fee $550

Other Fees

Escrow & Title Escrow Fee $575
Title Insurance (not required, but recommended) $7 per 1000
   

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This website is not intended to solicit investment funds in any jurisdiction. This website and the information contained herein do not constitute an offer or solicitation for the sale of any product or securities of Turistica Advisors or any of its affiliates. Any formal offer of product or securities will only be accompanied by formal offering documentation or other definitive materials that have been prepared in accordance with applicable law specifically for the purposes of making such offer. Read more