Written for Mexico. This analysis applies to Mexican federal tax law — ISR (income tax), IVA (VAT) and SAT rules — and cites Mexican statutes. Amounts are in Mexican pesos (MXN).
The scene no seller forgets: the closing, a ready buyer, and the notary reports that hundreds of thousands of pesos of ISR will be withheld from the price — money no one budgeted. The deal tightens or falls apart — and the alternatives that existed three months earlier are no longer on the table. There is only one professional rule: you ask for the tax calculation before listing the property, not on the day of closing.
First line of defense: the primary-residence exemption
If you sell the home you live in, art. 93, fracc. XIX, inciso a) exempts the gain up to 700,000 UDIS (inflation-indexed units) — roughly $6 million at the current UDI (estimate; the UDI moves daily) — with two requirements: proving to the notary that it is your primary residence (utility bills, ID, tax domicile) and not having used the exemption in the three prior years, which the notary verifies. You sell for $8M what cost $3M: a $5M gain, below the ceiling — zero ISR if you qualify. Only the excess above the ceiling, when it exists, enters the calculation with deductions.
Second line: the four deductions of art. 121
For the taxable gain (a second home, a commercial unit, a lot, or the exemption's excess), the base is not the price — it's the profit after deducting:
- Verified acquisition cost, adjusted for inflation — with the technical nuance that changes results: the construction is reduced by 3% for each year elapsed (never below 20% of the cost) and then adjusted; the land is only adjusted. On old properties, the adjustment plays strongly in your favor.
- Improvements, additions and construction — with their receipts. The $800k remodel with no CFDI is a dead deduction: keep the invoices for every job starting today, even if you don't plan to sell.
- Notary fees, taxes and duties paid on the acquisition (including the ISAI you paid when you bought) and the appraisals.
- Commissions and brokerage — the broker's fee, when buying and when selling, with an invoice.
Are you going to sell a property in the next 12 months?
Strategium's prior diagnostic hands you the exact number: applicable exemption, documentable deductions, recoverable gaps, and the legal alternatives for the remainder — with time to execute them. Selling without the number is negotiating blind against your own tax.
What can be done with time (and not at the notary)
With months of lead time, moves that no longer fit on the day of closing become possible: gathering or replacing improvement receipts, correctly proving the primary residence (statements in the wrong spouse's name are an avoidable classic), assessing whether it's worth waiting to meet the three-year deadline of the previous exemption, reviewing the co-ownership (each co-owner applies their own exemption and their own rate — sometimes it pays to reorder ownership beforehand, with its own costs), and modeling the accumulation of the gain on the annual return, where the notary's calculation is a provisional payment and your real situation may return money to you. None of these is exotic; all require lead time.
Frequently asked questions
Does the exemption apply if the house is in both spouses' names?
Yes, and each one applies their exemption on their share — the couple's practical ceiling can double. Each spouse must also individually meet the three-year requirement.
I inherited the house — what is my acquisition cost?
The cost of the decedent (what your relative paid), adjusted — inheritance does not 'reset' the cost, but it doesn't lose it either. Tracking down the decedent's old deed is the detective work that saves the most tax on sales of inherited real estate.
Does the notary withhold the tax even if I later owe less?
The notary computes and remits the payment under the rules of art. 126 — it's provisional. On your annual return the gain is integrated with the accumulation mechanics of art. 120 and your personal deductions; it frequently results in a recoverable credit balance. Another reason the sale should go through your tax advisor and not only the notary's office.
Let's talk about your case
The first step is always the same: an honest diagnostic of where you stand. Write to us on WhatsApp or call — a reply the same business day.