The following documents are SAMPLES of what will be presented. Formats may change from state to state.
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Impuesto Sobre Bienes Inmuebles
Acquisition Tax (receipt)
Calculated at the rate of 2% of the value declared for the property.
Purchasers of real estate and purchasers of trust rights must pay this tax.
Apostille (U.S. document)
This document is issued by the Department of State in the state where the signatures were notarized.
It certifies the validity of the document being notarized.
(U.S. only, not Canada).
The appraisal is made to determine value of the property, including the land and the imporvements.
Impuesto Sobre la Renta
Capital Gains Tax
There are two ways this tax tax is calculated. The seller is obligated to pay the LOWER of the two:
- 20% of the total selling amount, (no deductions) or…
- 35% of the difference between selling price and value at seller’s acquisition.
(authorized deductions apply).
Proceeds from the sale of real estate in Mexico are considered to be Mexican source of income.
Certificado de Libertad de Gravamen
Certificate of No-Liens (No-Encumbrance)
This document is issued by the Public Registry, it certifies the current status of the property.
Careful! This is not a replacement for a Title Search!
Certificado de No-Predial
Certificate of Property Tax payment (receipt)
This document serves as proof that property taxes have been paid.
Public Instrument (Deed)
This document can only be issued by a Mexican Notary Public. It attests, in this case, to the transfer of property.
This documents is perfected upon recording at the Property Tax Office and the Public Registry of Property Office.
Sello de Catastro
Seal of the Property Tax Office.
The Property Tax Office will place a seal on the Escritura to reflect the inscription of the document.
Sello de Registro
Seal of Registry
Placed by the Public Registry, showing recording data.
Carta de Instruccion
Letter of Instruction
When buying from a foreigner (non-Mexican citizen), a Letter of Instructions must be issued and signed by the Seller.
If issued in Mexican Territory, it must be signed before Notary Public.
If issued in the United States, it must be accompanied by an apostille
If issued in Canda, it must be ratified by the Mexican Consulate.
Permiso de la Secretaria de Relaciones Exteriores.
Permit from the Ministry of Foreign Affairs of Mexico.
In order to establish a Mexican Bank Trust (Fideicomiso), a permit must be issued by this Ministry.
Power of Attorney
This document will give the person you designate, the power to legally represent you in a specific transaction.
This document can only be issued by a Notary Public. It serves as notification that a transaction is under way.
It shelters the title of the property for a period of 60 days.
Promesa de Fideicomiso
Promise of Fideicomiso
This document is usually entered as the agreement to buy. Do not confuse it with the actual title to the property. This is a temporary agreement. A registered title (Fideicomiso) must be obtained as soon as possible.
This document is issued by the Title Insurance Company. It establishes the conditions under which a policy of title insurance will be issued.
Reporte Preliminar de Titulo
Preliminary Title Report
Present the condition of the title after a title search was performed.