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Mexico ↔ US · Tax guide · 2026

Selling a house in Mexico while living in the US: the 2026 tax

There's a trap most people miss: once you live in the US, Mexico taxes you as a non-resident, and the exemption you're counting on may be gone. Here's how the two-country tax really works.

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.

Key point: as a non-resident you generally don't get the casa-habitación exemption. Instead you choose between 25% of the gross sale price or 35% of the net gain.

Your two options as a non-resident

OptionRateNotes
25% of the sale priceArt. 160 LISRNo deductions; the notario withholds
35% of the net gainArt. 161 LISRRequires 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

The relief: the Mexican ISR you pay is creditable against your US tax through the Foreign Tax Credit (Form 1116). Because Mexico's rate is often the larger number, the credit usually absorbs most or all of the US bill. You still file in both countries — but you rarely pay the full tax twice.

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.

Frequently asked questions

Do I still get the casa-habitación exemption if I live in the US?

Usually no. As a non-resident you're taxed 25% of the price or 35% of the gain, and the exemption belongs to the resident regime.

Does the US $250k/$500k exclusion apply to my Mexican house?

Only if the Mexican house was your US-tax primary residence (2 of the last 5 years). Not for a second home, rental or inherited house.

I inherited the house — can I still use the calculator?

Use it for the Mexican side, but inherited property gets a stepped-up basis at the date of death and needs currency work — see a cross-border CPA for the US number.

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Verified July 18, 2026 · Cifrely

Cifrely provides educational guidance based on official rules, with the verification date shown. Not legal, tax or financial advice.