19/01/2022
On Real Estate in Puerto Vallarta. Part 8. "What Did I Buy?"
You are now the proud owner of the beneficial rights of a trust, the body of which is the property. Think of a glass of water – the glass represents the trust and the water is the property. You have complete control of the glass. Same thing with a trust – you control it completely. You can sell the property, rent it, gift it or lend it – just so long as whatever it is you are doing with it is legal. You will also be obliged to maintain it and pay property taxes. Property taxes are .08% of the assessed value – which was established when you purchased the property by way of the tax assessment appraisal that was registered with the assessment office (the ‘Catastro’). Property tax rates in Mexico are extremely low as they do not represent a significant source of governmental income and must be held to the lowest common denominator.
The trust has a 50-year lifespan. Unlike a lease, at the end of the 50-year period it will become renewable for a filing fee of approximately $1,000 US. Thereafter it is renewable in the same manner, for subsequent 50 year periods in perpetuity. The bank acts as trustee – most banks in Mexico have trust departments to manage trusts (fideicomisos). They charge an annual trustee fee of about $550US. The trusts in the banks are ‘off balance sheet assets’ in that in the event of a bank closure or dissolution (there has never been a bank failure in Mexico – ever), the trusts are not considered assets of the bank and would be assigned to another bank under the auspices of the Bank of Mexico.
When you sell the real estate, you will become subject to capital gains tax based upon your cost base – in pesos – in your deed, which was or should have been, your actual purchase price at the exchange rate of that day – and, the sale price. The capital gains tax at the present time is 36% of the gain and is subject to certain deductions, one of which is the real estate commission.
As of January of 2014, the government tax authority went digital and you are required to receive a digital factura (receipt) indicating the value you paid for the property. This receipt will come via e-mail with two formats attached, a PDF and an XML document. Generally speaking, only the tax authority will have the software to read the XML document, but this is the one which needs to be safeguarded with your important documents so that it can be presented if and when you decide to sell, to be used as your proof of value for capital gains tax calculation purposes.
It should be noted that there is a process for exemption of capital gains tax. Your agent can provide that information based on the current laws in effect so that you could prepare for the likely event you would want to exempt in the future, keeping in mind these laws change and what might be applicable today may not be at some point in time in the future.