Landshark
Guest
Nice publication by Arizona Department of Real Estate "Buying Real Estate in Mexico"This would leave the last buyers to pay all the capitol gains, which is great for the seller but not the buyer.
http://www.re.state.az.us/PublicInfo/Documents/Consumer_Guide_MEX.pdf
It appears an Arizona LLC member selling fractional ownership of their "share" of an LLC owned
property in Mexico is subject to the 30% income tax within 30 days.
Page 15, Number 3.
Buying the Membership Interest of a U.S. Entity. Selling a LLC, or any other foreign
entity, (whose assets are comprised in more than 50% by Mexican real estate) to a foreign buyer,
in another country, is in fact a transaction that is taxable in Mexico at the current tax rate of 30%.
Related thereto, the private assignment of promissory rights, not done through a notary and
usually involving an irrevocable power of attorney, is also a transaction subject to income tax in
Mexico, at the 30% rate. Both of these transactions raise two main issues: (a) the buyer will have a
lower base for a future sale of the property; and (b) the seller, as an individual, is obligated to pay
the 30% income tax, within 30 days, to the Mexican government. Buyers should carefully evaluate
with Mexican counsel and their counsel “back home”, the legal and tax implications, and, get
some type of guarantee that taxes will be paid.