The trap: you may lose the casa-habitación exemption
Mexico's principal-residence exemption (casa habitación) can wipe out the tax on a home sale — up to 700,000 UDIS of the sale price. But it belongs to the resident tax regime. Mexican tax residency is based on your fiscal domicile, not your citizenship. Once you genuinely live in the US, you're a "residente en el extranjero" and are taxed under a different set of rules.
Your two options as a non-resident
| Option | Rate | Notes |
|---|---|---|
| 25% of the sale price | Art. 160 LISR | No deductions; the notario withholds |
| 35% of the net gain | Art. 161 LISR | Requires a Mexican legal representative |
Which is cheaper depends on your gain versus your price. A big gain relative to the price favors the 25%-of-price option; a small gain favors 35%-of-gain. The gain is the sale price minus your INPC-indexed acquisition cost and documented deductions.
The US side: worldwide income
If you're a US citizen, green-card holder or tax resident, the US taxes your worldwide capital gain. The 2026 long-term rate is 0%, 15% or 20% depending on income, plus a possible 3.8% Net Investment Income Tax. The Section 121 exclusion ($250,000 single / $500,000 married) applies to a foreign home only if it was your US-tax primary residence — not a vacation home, rental, or inherited house you never lived in.
Do you pay tax twice? Usually not
Two situations need a cross-border CPA, not a calculator: inherited property (stepped-up basis at the date of death, plus currency work) and any case where exchange rates create a US gain even when the peso price didn't move. Those are where the numbers get counterintuitive.
Estimate your two-country tax → Free tool: your Mexican ISR (25% vs 35%), what you'd lose vs a resident, and the US estimate with the foreign tax credit.