PropertyMex

Investment

Investment in Mexico is permitted for foreign buyers throughout the country under the Foreign Investment Law, with coastal and border property held through a bank trust (fideicomiso) authorized under Article 27 of the Mexican Constitution. The fideicomiso grants a 50-year renewable term and full beneficial rights to buy, sell, rent and inherit the property.

Source: Foreign Investment Law (Ley de Inversión Extranjera), 3 November 2026

By Daniel Ortega, MDI · Last reviewed 3 November 2026 · Next review 3 March 2027

Investment in Mexico: the short answer

Foreign buyers may invest in Mexico real estate using a fideicomiso (bank trust) in the restricted zone (50 km from coast, 100 km from borders) or direct title elsewhere. Non-resident owners pay 25 percent income tax on gross rental income and choose between 25 percent of gross sales price or 35 percent of net gain when selling. Setup costs run USD 2,000 to 3,500 plus annual trustee fees of USD 500 to 1,000, with closing costs adding 4.3 to 8.5 percent of purchase price depending on municipality.

Taxes by town in the Riviera Maya

Municipal revenue laws · 3 November 2026
Buying as a foreigner
A foreign buyer closes on Mexico property through a notary who verifies title, calculates taxes and registers the deed. In the restricted zone the notary coordinates with a bank to establish the fideicomiso trust, which requires an SRE permit costing MXN 21,650 and takes four to eight weeks. The buyer pays municipal acquisition tax (ISAI) of 2 to 4 percent depending on the state and municipality, notary fees of 1 to 1.5 percent of the purchase price, and registry and appraisal charges adding a few hundred to a few thousand pesos. Total closing costs range from 4.3 percent in Cancún and Cozumel to 8.5 percent in Playa del Carmen and Tulum when including the fideicomiso setup. Outside the restricted zone the buyer holds direct title after signing the Calvo Clause (agreeing to waive recourse to a foreign government for property disputes) and obtaining an SRE permit for MXN 5,250. Cash purchases remain the norm; Mexican bank mortgages to non-residents carry interest rates of 9 to 12 percent as of 2026, and cross-border financing is limited.
Owning and renting out
A foreign owner of Mexico investment property pays annual property tax (predial) to the municipality—ranging from 0.10 percent of cadastral value in Bacalar to 0.23 percent in Tulum for most municipalities, though Cozumel applies a progressive tariff with marginal rates from 0.11 to 0.77 percent plus fixed fees depending on the cadastral-value band—and an annual fideicomiso trustee fee of USD 500 to 1,000 if the property is in the restricted zone. Rental income is subject to Mexican income tax (ISR) regardless of the owner residency; non-resident owners typically pay 25 percent of gross rental income with no deductions, withheld monthly or quarterly. Furnished and vacation rentals also incur 16 percent IVA (value-added tax) and, in Quintana Roo, a 6 percent state lodging tax on bookings through digital platforms such as Airbnb and Vrbo. Owners who rent short-term must register with the state tourism registry (RETUR-Q) and obtain a municipal operating license. PropertyMex recorded 230 active sale listings across the Riviera Maya in November 2026, with median asking prices of USD 469,673 for condos and USD 362,743 for houses. Recent market data show average short-term rental occupancy of 57 percent in Playa del Carmen, 54 percent in Cancún and 46 percent in Tulum for the 12 months ending August 2026.
Selling and inheritance
A non-resident seller of Mexico property pays capital gains tax (ISR) calculated and withheld by the notary at closing, with a choice between 25 percent of the gross sales price with no deductions or approximately 35 percent of the net gain (using documented purchase costs, improvements and inflation adjustments). The 35 percent net method requires an RFC (Mexican tax ID) and valid invoices for all improvements; without these the 25 percent gross method applies. Mexican tax residents can exclude up to roughly MXN 5.8 to 6.2 million of gain (700,000 UDIS indexed for inflation) if the property was their primary residence. In addition to ISR the seller pays the real estate agent commission (commonly 6 to 7 percent split between buyer and seller agents), the cost to cancel or transfer the fideicomiso (a few hundred USD charged by the bank), and any unpaid predial or HOA fees. The notary issues a constancia documenting the ISR withheld, which US and Canadian sellers use to claim a foreign tax credit on their home-country return. Under the US-Mexico and Canada-Mexico income tax treaties, capital gains from Mexico real estate are taxable in Mexico, and the treaty partner allows a credit for the Mexican tax paid to avoid double taxation.

The laws behind it

  • Foreign Investment Law (Ley de Inversión Extranjera, 1993, last amended 2024)
  • Political Constitution of the United Mexican States, Article 27, Section Ⅰ (restricted zone)
  • Income Tax Law (Ley del ISR), Title V (non-resident income) and Article 160 (non-resident capital gains)
  • Quintana Roo State Tourism Law (Ley de Turismo del Estado de Quintana Roo, RETUR-Q registry, 2024)
  • Quintana Roo State Hacienda Law (lodging tax, Artículo 42-D, 6% on digital platforms)
  • Municipal revenue laws of Benito Juárez, Solidaridad, Tulum, Cozumel, Isla Mujeres and Puerto Morelos (ISAI, predial rates)

Guides in this topic

Notaries and lawyers in the Riviera Maya

A notary (notario público) in Mexico is a licensed attorney appointed by the state governor with authority to verify title, calculate and collect taxes, draft and register the deed, and certify the legality of the transaction. The notary is not neutral; the buyer selects and pays the notary, who acts as the buyer legal representative. For fideicomiso purchases the notary coordinates with the bank trust department and the Ministry of Foreign Affairs (SRE) to obtain the permit and establish the trust. Notary fees are set by state law (arancel de notarios) and typically run 1 to 1.5 percent of the transaction value, covering all services including title search, tax calculation, deed drafting, registration and the issuance of certified copies. Buyers should ask the notary for a written estimate (presupuesto) at the start and confirm the notary has verified that the property title is clean, liens are cleared, and the seller has paid all predial and water bills before closing.

Investment FAQ

Can a foreign buyer invest in Mexico real estate without Mexican residency?
Foreign buyers do not need Mexican residency or a visa to purchase and own real estate in Mexico. The buyer does need a fideicomiso (bank trust) for coastal or border property within the restricted zone (50 km from coast, 100 km from borders) and an SRE permit costing MXN 21,650. Outside the restricted zone the buyer holds direct title after obtaining an SRE permit for MXN 5,250 and signing the Calvo Clause.
What rental yield can a foreign investor expect in Quintana Roo?
Gross rental yields in Quintana Roo vary by location, property type and management. City-specific investment pages report yields of 6 to 11 percent in Cancún and 6 to 13 percent in Playa del Carmen for well-located short-term rental condos. Market data from August 2026 show average occupancy of 57 percent in Playa del Carmen, 54 percent in Cancún and 46 percent in Tulum.
How much tax does a foreign owner pay on rental income in Mexico?
A non-resident foreign owner pays 25 percent ISR (income tax) on gross rental income from Mexico property, with no deductions for expenses, management fees or mortgage interest. Furnished and vacation rentals also incur 16 percent IVA (value-added tax) and, in Quintana Roo, a 6 percent state lodging tax on bookings through digital platforms.
What does a fideicomiso cost and how long does it last?
A fideicomiso setup costs USD 2,000 to 3,500 paid at closing, plus the SRE permit fee of MXN 21,650 (approximately USD 1,150). The bank charges an annual trustee fee of USD 500 to 1,000. The fideicomiso term is 50 years and renewable indefinitely with no statutory limit on renewals, making it functionally perpetual.
Can a foreign investor finance a Mexico property purchase with a mortgage?
Cross-border mortgages for foreign buyers in Mexico are available but limited in 2026. Some Mexican banks offer mortgage products to non-residents at interest rates of 9 to 12 percent, higher than US or Canadian rates, and require larger down payments (often 40 to 50 percent). Most foreign purchases in Mexico close in cash.
What are the capital gains tax rules when selling Mexico investment property?
Non-resident sellers pay ISR (capital gains tax) calculated by the notary at closing, choosing between 25 percent of the gross sales price with no deductions or 35 percent of the net gain after subtracting documented purchase costs, improvements and inflation adjustments. The notary withholds the ISR from the seller proceeds and issues a constancia.
Are short-term vacation rentals legal in Quintana Roo for foreign owners?
Short-term vacation rentals are legal in Quintana Roo for owners who comply with state and municipal regulations. The owner must register with the state tourism registry (RETUR-Q), obtain a municipal operating license, and collect the 6 percent state lodging tax on bookings through digital platforms such as Airbnb and Vrbo.
Where does a foreign investor find listings and compare towns in Quintana Roo?
PropertyMex lists properties for sale across Quintana Roo with no commission to buyers; owners and agencies pay small listing fees starting at USD 9.99. Buyers can browse by town, property type and price range, and inquiries go directly to owners or listing agents. City-specific pages cover Cancún, Playa del Carmen, Tulum and other towns.
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Written and reviewed by

Daniel Ortega

Real-estate writer · Maestría en Dirección Inmobiliaria (MDI)

Born and raised in Mexico City, living in Cancún since 2015.

Sources

Foreign Investment Law (Ley de Inversión Extranjera) · Government of Mexico · SAT (Mexican tax authority) · Congreso de Quintana Roo, state laws · Not tax or legal advice.