Quick answer
Mexico has no separate capital gains tax in 2026; gains fall under income tax. Residents pay 10% on net gains from shares sold on the Mexican Stock Exchange. Property, unlisted shares and other goods join income at 1.92% to 35%, eased by indexing and a years-held formula. Non-residents pay 25% of gross proceeds or elect 35% of the gain.
Last reviewed: November 2026 · Reviewed by Stéphane Gombauld, tax expert, technologist and digital nomad
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Find my savings →You live in Mexico, or plan to, and you hold shares, funds, a startup stake or a flat. Selling any of them can trigger Mexican tax. After this guide you'll know which rule applies to each asset in 2026, what gets withheld at sale and how to keep the bill down legally.
Mexico capital gains tax in 2026: the key figures
| Item | 2026 rule | Legal basis |
|---|---|---|
| Who is taxed on worldwide gains | Mexican tax residents (home in Mexico, or centre of vital interests) | art. 9(I)(a) CFF (Federal Tax Code) |
| Shares sold through the Mexican Stock Exchange | 10% on the net gain for the year | LISR (Income Tax Law), Title IV; PwC (secondary) |
| Variable-income investment funds | 10% on the gain, withheld by the fund distributor | arts. 88 and 161 LISR |
| Property, unlisted shares, other goods | Added to income, annual tariff 1.92% to 35% | LISR, Title IV; 2026 tariff per PwC (secondary) |
| Provisional payment on "other goods" | 20% of the total price, withheld by a Mexican-resident buyer | art. 126 LISR |
| Sale of your main home | Exempt if conditions are met; one exempt sale every three years | art. 93(XIX)(a) LISR |
| Non-resident selling Mexican property or shares | 25% of gross proceeds, or 35% of the net gain by election | LISR, Title V; PwC (secondary) |
What changed for 2026
- No change to the capital gains rules. The Income Tax Law was last amended on 1 April 2024, per the Chamber of Deputies reform register. The 2026 package did not touch it.
- New annual tariff. Annex 8 of the 2026 Miscellaneous Tax Resolution updated the income bands. Rates still run from 1.92% to 35%, with the top rate above MXN 5,107,703.93, per PwC (secondary).
- Tougher enforcement. A Federal Tax Code reform published on 7 November 2025 took effect on 1 January 2026. From 1 April 2026, providers of digital services covered by the VAT Law must give SAT permanent online, real-time access to their data (art. 30-B CFF).
Is this guide for you?
Read on if you…
- are, or will become, a Mexican tax resident with shares, funds or crypto;
- own property in Mexico or abroad and may sell it;
- want to time a big sale around a move in or out of Mexico.
Probably not your case if you…
- hold your investments through a company (corporate rules apply instead);
- are a short-term visitor with no home and no assets in Mexico.
How does Mexico tax capital gains?
Mexico has no stand-alone capital gains tax. Gains are income under the LISR, the Ley del Impuesto sobre la Renta. What matters is which bucket the asset falls into.
First, check your status. Under art. 9 CFF, you're resident if you set up your home (casa habitación) in Mexico. With homes in two countries, Mexico wins if your centre of vital interests is there. That includes earning more than 50% of your yearly income from Mexican sources. There is no day count. Our guide to obtaining tax residency in Mexico covers the tests in depth.
Residents are taxed on worldwide gains. Non-residents are taxed only on Mexican-source gains.
The three buckets
- Listed securities. Gains on shares sold through the Mexican Stock Exchange pay a flat 10% on the net gain for the year. Shares of Mexican companies traded on authorised foreign exchanges get the same treatment once the Ministry of Finance confirms they're placed among the general public.
- Investment funds. For variable-income funds, the distributor withholds 10% on the gain. The reform published on 18 November 2015 sets this rate in arts. 88 and 161 LISR.
- Disposal of goods (enajenación de bienes). Everything else: property, unlisted company shares, crypto, art. The gain joins your other income and is taxed at the progressive tariff.
How the gain is calculated for goods
The gain is the price minus your tax cost. Historical cost is converted to pesos and can be increased for inflation, based on the months you held the asset. For unlisted Mexican shares, the adjustment also reflects part of the company's retained earnings.
Here's the catch: you're taxed in pesos. A falling peso can create a taxable gain even if the asset stayed flat in dollars.
Good news: the law then applies a formula that depends on the years you held the asset. In practice, it spreads a big one-off gain so it isn't all taxed at your top rate.
How much do you pay, asset by asset?
| Asset | Resident in 2026 | Non-resident in 2026 |
|---|---|---|
| Shares sold through the Mexican Stock Exchange | 10% on net gain | 10% withholding on the gain |
| Variable-income investment funds | 10% on the gain | 10% withheld by the distributor |
| Unlisted Mexican shares | Tariff 1.92% to 35%, years-held formula | 25% of gross or 35% of net gain |
| Property in Mexico | Tariff 1.92% to 35%, years-held formula; home exemption | 25% of gross or 35% of net gain |
| Crypto and other movable goods | Tariff 1.92% to 35% | Taxed only if the gain has a Mexican source |
| Assets abroad | Tariff on worldwide gains | Generally outside Mexican tax |
Crypto has its own traps, such as swaps counting as disposals. See cryptocurrency taxes in Mexico.
What gets withheld when you sell
For "other goods", art. 126 LISR sets a provisional payment of 20% of the total price. A Mexican-resident buyer withholds it. You can tell the buyer in writing that you'll pay a lower provisional amount, if you meet the Regulations' conditions.
If the buyer is foreign with no Mexican establishment, you pay the tax yourself. The deadline is 15 days after you receive the money. A CFDI, the Mexican e-invoice, must show the price and the tax withheld.
Property sales go through a notary (notario público), who calculates and collects the tax at signing.
Which exemptions and reliefs can you use?
Your main home
The gain on your main home is exempt, within a cap set in the LISR. Art. 93(XIX)(a) LISR adds a frequency rule. You must not have sold another exempt home in the three years before the sale. You state this under oath before the notary who formalises the deed.
Keep proof that the home was really yours to live in: utility bills, your tax address and residence card.
Inflation indexing and the years-held formula
Both apply automatically to property and unlisted shares. They're the main reason long-held assets often pay far less than 35%. Indexing uses the national consumer price index, the same tool art. 17-A CFF uses to update tax debts.
Dividends are a separate line
Dividends from profits generated after 2013 carry an extra 10% tax on the net dividend. It's on top of the annual tariff and can't be credited. Foreign dividends are fully taxable, with the same extra 10% due by the 17th of the following month.
What happens to your gains when you move in or out?
Moving in. Arriving in Mexico doesn't reset your cost. You deduct the historical acquisition cost, converted to pesos. Growth from before your arrival can be taxed when you sell as a resident. Selling before you become resident can be cheaper.
Moving out. Residence ends only if you file the change-of-residence notice. Art. 9 CFF requires it no later than 15 days before the change. Art. 30(XIV) of the CFF Regulations bars filing more than two months ahead. Skip it and you stay resident. See ceasing your tax residency in Mexico.
Moving to a low-tax country. If the new country's regime counts as preferential, Mexico keeps you resident for that year and five more. An exception applies where Mexico has broad information exchange and collection assistance with that country.
Comparing destinations? See capital gains tax in Paraguay and capital gains tax in Brazil.
How do you pay less, legally?
- Prefer exchange-traded shares. A flat 10% beats the top tariff for most investors.
- Sell before you arrive. Gains realised as a non-resident on foreign assets fall outside Mexican tax.
- Hold longer. Indexing and the years-held formula reward patient holders of property and unlisted shares.
- Plan your home sale. One exempt sale every three years; space them out.
- Keep cost proof. Deeds, broker statements and invoices let you deduct cost and index it.
Example – Lena, 41, German UX designer in Mexico City
Lena is a Mexican resident in 2026. She sells shares through the Mexican Stock Exchange with a net gain of MXN 400,000. Tax: 400,000 × 10% = MXN 40,000. She also sells unlisted shares of a Mexican startup to a Mexican buyer for MXN 1,500,000. The buyer withholds 20% as a provisional payment: MXN 300,000. In her annual return, due by 30 April 2027, she computes the final tax with indexing and the years-held formula. The MXN 300,000 is credited against it. Had she already left Mexico and sold as a non-resident, with a MXN 600,000 net gain, electing 35% of the gain would cost MXN 210,000. That beats 25% of the MXN 1,500,000 gross price, which comes to MXN 375,000.
Lena's two sales followed two different rules. Your portfolio probably does too.
Get a Heavnn review that maps each asset to its Mexican rule and the best moment to sell.
Find my savings →Common mistakes (and what they cost)
- Ignoring peso conversion. A dollar loss can be a peso gain → back tax, an inflation update and monthly surcharges.
- Forgetting the 20% provisional payment. Selling unlisted shares to a foreign buyer means you pay within 15 days → late payment surcharges from day 16.
- Using the home exemption twice in three years. The second sale loses the exemption → the full gain is taxed at up to 35%.
- Leaving without the notice. You remain resident under art. 9 CFF → Mexico still taxes your worldwide gains.
- Missing the tax-haven report. Investments in low-tax structures need a separate report by 28 February → failing to file is a criminal offence.
Frequently asked questions
What is the capital gains tax rate in Mexico in 2026?
There's no separate rate. Residents pay 10% on net gains from shares sold on the Mexican Stock Exchange. Gains on property, unlisted shares, crypto and other goods are added to income and taxed at the 2026 tariff, from 1.92% to 35%. Inflation indexing and a years-held formula usually bring the effective rate on those assets down.
Do foreigners pay capital gains tax on Mexican property?
Yes. A non-resident selling Mexican property pays 25% of the gross proceeds. Alternatively, the seller can elect 35% of the net gain, which is often cheaper when the gain is small compared with the price. A resident who sells their main home may be fully exempt, within the legal cap and the three-year rule.
Is the sale of my home tax-free in Mexico?
Often, yes. The gain on your main home is exempt within a cap set in art. 93 LISR. You can't have sold another exempt home in the previous three years. You declare that under oath before the notary. Keep proof you lived there, such as utility bills and your registered tax address.
How are foreign shares taxed for a Mexican resident?
Residents are taxed on worldwide gains. Shares of Mexican companies traded on authorised foreign exchanges can qualify for the 10% treatment. Other foreign shares and funds usually follow the general rules, so check each holding. Foreign-held gains are reported in your annual return, due by 30 April of the following year.
Can I offset capital losses in Mexico?
Within limits. Losses on exchange-traded shares reduce gains of the same kind, because the 10% applies to the net gain for the year. Losses on property and other goods follow separate, restrictive LISR rules. Never assume a share loss can reduce your salary or business income. Keep broker statements to prove each loss.
Does Mexico tax my gains if I sell after I move away?
Only Mexican-source gains, once you're non-resident. That covers Mexican property and Mexican shares. Your residence ends only when you file the change-of-residence notice, at the latest 15 days before you leave. If you move to a country with a preferential regime, Mexico can keep you resident for that year plus five more.
Related guides
- Mexico tax landscape overview: every tax in one page
- How crypto gains are taxed in Mexico
- How to become a Mexican tax resident
- How to end your Mexican tax residency
- Personal tax deductions and benefits in Mexico
- Capital gains tax in Brazil
- All country tax guides
Sources
- Federal Tax Code (CFF), consolidated text – Cámara de Diputados
- Income Tax Law (LISR) reform register – Cámara de Diputados
- LISR reform decree, DOF 18 November 2015 – Cámara de Diputados
- CFF reform decree, DOF 7 November 2025 – Cámara de Diputados
- Federal Tax Code Regulations (RCFF) – Cámara de Diputados
- Mexico – Income determination – PwC Worldwide Tax Summaries (secondary)
- Mexico – Taxes on personal income – PwC Worldwide Tax Summaries (secondary)
This guide is general information, not personalised tax advice. See how we research and review.
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