Legal Clarity
Closing Costs in San Miguel de Allende Every Line, and Where the Published Totals Disagree
Most pages on this subject give you one confident percentage. We can show you exactly which lines are fixed by statute, which are negotiated in private, and why no published total for San Miguel closing costs currently traces back to a primary source.
Published estimates of buyer closing costs in San Miguel de Allende range from about 4 to 9 per cent of the purchase price, and they do not agree with each other. The largest single line is the municipal acquisition tax, ISAI, which the 2026 statute puts at roughly 3.6 to 3.9 per cent at typical foreign-buyer prices.
Almost every page you will read on this subject states a single confident percentage for closing costs in San Miguel de Allende. None of them can support it. That is not an accusation of bad faith, it is a description of what is and is not published in Mexico.
Some lines in a San Miguel closing are fixed by statute, published annually, and can be calculated to the peso before you make an offer. Others are negotiated privately between a notario and a client, are published by nobody, and vary. The confident percentages online blend the two and present the result as a single fact.
The published totals, and how far apart they are
| Source | Stated total buyer closing cost | Type of source |
|---|---|---|
| Live In San Miguel | Around 5 per cent; advises budgeting 5 to 6 per cent | Active San Miguel brokerage, commission motive, undated |
| Realty San Miguel | Often a little over 5 per cent, up to 6.5 per cent | Active San Miguel brokerage, commission motive, undated |
| Mexico News Daily | 5 to 6 per cent for San Miguel; closer to 8 per cent for Queretaro | Independent news outlet, 14 November 2025 |
| TheLatinvestor | 4 to 9 per cent; typical 5.5 to 7.5 per cent | Independent research publisher, 1 February 2026 |
| Mexperience | 5 to 10 per cent of sales value | Independent publisher, retrieved 23 July 2026 |
A commonly repeated figure puts foreign-buyer closing costs at 7 to 8 per cent, with a range of 6 to 9 per cent. We checked it against the independent source it is usually attributed to, and that source gives 5 to 10 per cent, not 6 to 9. The narrower, higher claim is not supported by the reference behind it.
The split is real. The brokerage sources, who have a commercial interest in the number appearing modest, cluster at 5 to 6 per cent. The independent publishers give wider bands reaching 9 and 10 per cent. Neither camp shows its arithmetic.
Where an authoritative figure would have to come from
Two places, and neither publishes one.
The first is a fee schedule for Guanajuato notaries. The state has an arancel, discussed below, but it applies only where there is no contract between notary and client, and in practice there always is. There is no published Colegio de Notarios de Guanajuato tariff and no survey of fees actually quoted in San Miguel. Since the notary fee is the largest variable line, no total can be authoritative without it.
The second is transaction-level data. A closing cost percentage is only a fact if someone has measured recorded settlements. AMPI does not publish that for Guanajuato, and the local MLS view behind San Miguel’s price statistics does not extend to closing costs. Every percentage above is an estimate.
What can be priced exactly
These lines are set by law and published annually. You can compute all of them before you offer.
| Line | 2026 basis | Fixed by |
|---|---|---|
| ISAI acquisition tax | Progressive tariff, 2.00 to 4.00 per cent | Ley de Ingresos del Municipio de SMA 2026, Art. 7 |
| Public registry inscription | MXN 2,574 in person, MXN 2,460 electronically, flat per property | Ley de Ingresos del Estado de Guanajuato 2026, Art. 10 fr. II |
| Certificate of freedom from liens | MXN 470 in person, MXN 424 electronically, per certificate | Ley de Ingresos del Estado de Guanajuato 2026, Art. 10 fr. IX |
| Municipal appraisal tariff | MXN 138.88 plus 0.06 per cent of appraised value, plus 30 per cent to authorise a private valuer’s work | Ley de Ingresos del Municipio de SMA 2026, Art. 25 |
| SRE convenio de renuncia | MXN 5,252.02, payable rounded to MXN 5,250 | Ley Federal de Derechos, Arts. 25 fr. XV and 26-A |
| Notary fee, residual scale only | 0.5 to 2 per cent on the first MXN 600,000, plus up to 0.5 per cent on the excess | Ley Arancelaria de Guanajuato, Art. 21 fr. I |
Peso-to-dollar conversions here use 17.4601 MXN per USD, the European Central Bank reference rate for 23 July 2026. The rate moves; recompute at your own transaction date.
ISAI: the acquisition tax, and why 2 per cent is wrong
ISAI is by a wide margin the largest line in a San Miguel closing, and the figure most commonly misstated. You will read that Guanajuato charges a flat 2 per cent. Two per cent is only the first bracket of a progressive tariff.
| Value bracket (MXN) | Fixed charge (MXN) | Rate on excess over lower limit |
|---|---|---|
| 0.01 to 500,000 | 0 | 2.00 per cent |
| 500,000.01 to 650,000 | 10,000 | 2.25 per cent |
| 650,000.01 to 800,000 | 13,375 | 2.50 per cent |
| 800,000.01 to 1,000,000 | 17,125 | 2.75 per cent |
| 1,000,000.01 to 1,200,000 | 22,625 | 3.00 per cent |
| 1,200,000.01 to 1,500,000 | 28,625 | 3.50 per cent |
| 1,500,000.01 and above | 39,125 | 4.00 per cent |
The brackets are stated in pesos and are not indexed to inflation. The identical tariff, with the identical 39,125 peso fixed charge, appears in the 2024 municipal revenue law, so the schedule has not moved. Consequently almost every purchase at foreign-buyer price points falls in the top bracket, and the blended effective rate converges towards 4 per cent.
| Purchase value (MXN) | ISAI (MXN) | Effective rate |
|---|---|---|
| 2,000,000 | 59,125 | 2.96 per cent |
| 5,000,000 | 179,125 | 3.58 per cent |
| 7,000,000 | 259,125 | 3.70 per cent |
| 10,000,000 | 379,125 | 3.79 per cent |
| 15,000,000 | 579,125 | 3.86 per cent |
| 20,000,000 | 779,125 | 3.90 per cent |
| 30,000,000 | 1,179,125 | 3.93 per cent |
Those effective rates are our arithmetic applied to the statutory table, not figures quoted by any source. The arithmetic is deterministic.
Two further points matter. Under Article 180 of the Ley de Hacienda para los Municipios del Estado de Guanajuato, ISAI is assessed on the highest of the registered fiscal value, the transaction value, or a certified appraisal less than one year old, so it cannot be reduced by declaring a low price. And there is no first-time-buyer, low-value or owner-occupier exemption in the 2026 San Miguel law. The only reduced rate is a flat 0.5 per cent on transfers by gift or inheritance between spouses or direct-line ascendants and descendants, which is worth knowing when you structure for succession.
One caveat on sourcing: the only copy of the Ley de Hacienda para los Municipios we could retrieve is the state finance ministry’s, consolidated to July 2016, with Article 180 last reformed in December 2010. A more recent consolidated version may exist. Treat the version date as the soft point, not the rule.
Notary fees: the line nobody can source
The notario is not your lawyer. Under Article 3 of the Ley del Notariado para el Estado de Guanajuato they are a state-appointed public officer invested with public faith. Article 1815 of the Guanajuato Civil Code requires every sale of real property to be recorded in an escritura publica, with no value threshold, and Article 1816 provides that the sale has no effect against third parties until registered. Registration, not signing, is the moment your title becomes secure.
Guanajuato does have a statutory scale. Article 21 fraccion I of the state’s Ley Arancelaria sets 0.5 to 2 per cent where the transfer value is up to 600,000 pesos, plus up to 0.5 per cent on any excess, with fees increasable by up to 50 per cent where the client requires urgency.
| Purchase value (MXN) | Maximum fee under the arancel (MXN) | As a percentage | Plus 16 per cent IVA |
|---|---|---|---|
| 2,000,000 | 19,000 | 0.95 per cent | 22,040 |
| 5,000,000 | 34,000 | 0.68 per cent | 39,440 |
| 10,000,000 | 59,000 | 0.59 per cent | 68,440 |
| 20,000,000 | 109,000 | 0.55 per cent | 126,440 |
Now the critical caveat, and the reason this page exists. Article 2 of the same law states that the scale applies only in the absence of a contract between the notary and the client. It is a residual default, not a cap. San Miguel notaries negotiate fees contractually and in practice quote above it. The 600,000 peso threshold has not moved since 2016, so on any current San Miguel property nearly the whole value falls into the excess band.
Brokerage sources put notary fees at 1 to 2.5 per cent of purchase price. We could not verify that against anything, because no published San Miguel notary fee schedule, Colegio de Notarios tariff or survey of quoted fees exists. Part of the gap between the statutory scale and the market quotes is probably that a market quote for “notary fees” bundles ISAI, certificates and disbursements into one number. How much of it is the notary’s own fee is not knowable from any published source. Ask two or three notarios for a written, itemised quote before you sign a promissory contract.
The registry, certificates and the appraisal
The state registry fee is flat, not a percentage. Registering an ordinary purchase deed in Guanajuato costs 2,574 pesos filed in person or 2,460 pesos filed electronically, per property. Where one deed covers several properties the fee is charged per property, and subsequent inscriptions derived from the same deed cost 25 per cent of the first.
This contradicts the widely repeated claim that registry fees run 0.15 to 0.2 per cent of value. On a ten million peso home, 0.2 per cent would be 20,000 pesos against an actual statutory charge of 2,460 to 2,574 pesos. If a settlement statement shows a registry line in the tens of thousands, ask what the rest of it is.
The certificate of freedom from liens costs 470 pesos in person or 424 pesos electronically, and the same tariff covers certificates of inscription, registral history and testamentary information. Market sources quote 2,000 to 10,000 pesos for a lien certificate and title search; the difference is professional and gestoria time, not the government fee.
The municipal appraisal tariff is 138.88 pesos plus 0.6 per thousand of appraised value, with an additional 30 per cent where the municipality authorises an appraisal prepared by a private valuer. On a five million peso property that is 3,138.88 pesos, or 4,080.54 with the surcharge; on ten million, 6,138.88 and 7,980.54. The private perito valuador’s own professional fee is separate and fixed by no law. The market quote we could source is 1.00 to 1.50 pesos per thousand of value, consistent with the statutory tariff plus an unregulated professional fee on top.
The notario’s file will also require certificates of no outstanding predial and no outstanding water charges. We could not source published fees for either in San Miguel, and we are not going to invent them.
The SRE convenio de renuncia
San Miguel de Allende sits outside the restricted zone defined in Article 27 fraccion I of the Constitution, and the municipality of Allende, Guanajuato appears by name on the 1997 Diario Oficial list of municipalities located entirely outside it. There is no fideicomiso here and no bank trustee.
What a foreign buyer files instead is the Article 10-A agreement adopting the Calvo clause. The 2026 federal fee is 5,252.02 pesos under Article 25 fraccion XV of the Ley Federal de Derechos, payable rounded to 5,250 pesos under Article 26-A. For contrast, the coastal fideicomiso permit costs 21,648.83 pesos before any bank charges for the trust itself.
Timelines conflict and we will not pick one. The Foreign Investment Law deems the permit granted if the SRE publishes no denial within five business days for a municipality wholly outside the zone. The SRE’s own page states approximately 20 business days. San Miguel brokerages report three to six weeks. The likely reconciliation is that five days is the legal deadline after which approval is automatic while 20 days is the operational turnaround for issuing the document a notario wants in hand, but no source confirms that, so all three stand.
Costs conflict too. Brokerages quote around 7,500 pesos, or 400 to 500 US dollars per foreigner on the deed. The excess over the 5,250 pesos payable to the federation is a handling charge nobody publishes.
Who customarily pays what
| Item | Customarily paid by | Note |
|---|---|---|
| ISAI acquisition tax | Buyer | Statutory, largest single line |
| Notary fees and IVA on them | Buyer | Contractually negotiated |
| Public registry inscription | Buyer | Flat state fee |
| Certificate of freedom from liens | Buyer | Flat state fee, per certificate |
| Appraisal | Buyer | Municipal tariff plus private valuer’s fee |
| SRE convenio de renuncia | Buyer | Per foreign buyer named on the deed |
| Escrow fee | Split | One brokerage quotes USD 300 to 500 as the buyer’s half |
| Agent commission | Seller | 6 per cent plus tax per one brokerage; 4 to 6 per cent per an independent publisher, with 0 to 2 per cent buyer-paid where separately agreed |
| Capital gains tax on the sale | Seller | Computed and remitted by the notario |
One claim circulating in this market says sellers agree to cover some buyer closing costs in roughly 20 to 40 per cent of San Miguel transactions. No methodology is disclosed and it did not survive our attempt to verify it at source. Treat it as market colour, not a statistic.
Other real cash calls that no statute fixes: a power of attorney if you cannot attend the signing, quoted under 500 US dollars and more with apostille or consular processing; translation, 3,000 to 25,000 pesos; an optional tax adviser consultation, 3,000 to 12,000 pesos; and an exchange-rate fluctuation reserve on the final transfer, 1,000 to 2,000 US dollars and mostly refundable. Each comes from a single undated source with a commercial interest. They are here because the cash calls are real, not because the amounts are reliable.
Note also what you do not pay. Under Article 9 of the Ley del Impuesto al Valor Agregado, the sale of land is exempt from IVA, and so is the sale of buildings used as dwellings, so there is no IVA on the purchase price of an ordinary San Miguel home. IVA at 16 per cent does apply to every service around the transaction.
A statutory floor, computed
Because so much of this page is about what cannot be known, here is what can. The table adds only the lines fixed by statute, using the maximum notary fee permitted by the residual arancel and the electronic filing rates.
| Line | On MXN 5,000,000 | On MXN 10,000,000 |
|---|---|---|
| ISAI | 179,125 | 379,125 |
| Notary fee at the arancel maximum, plus IVA | 39,440 | 68,440 |
| Registry inscription, electronic | 2,460 | 2,460 |
| Certificate of freedom from liens, electronic | 424 | 424 |
| Municipal appraisal plus authorisation | 4,081 | 7,981 |
| SRE convenio de renuncia | 5,250 | 5,250 |
| Total | 230,780 | 463,680 |
| As a percentage of price | 4.6 per cent | 4.6 per cent |
| Approximate USD equivalent at 17.4601 | 13,220 | 26,560 |
That 4.6 per cent is a floor, and it is our arithmetic rather than a published figure. It excludes everything negotiated rather than tariffed: notary fees above the residual scale, which is the norm; gestoria and tramite handling; escrow; your own legal fees; the private valuer’s professional fee; translation. The distance between this floor and the 5 to 10 per cent published range is precisely the unpublished part of a San Miguel closing. That is the number to interrogate when you get a quote.
Model the exit before you buy
Capital gains exposure is decided partly by choices made at purchase, which is why it belongs here rather than on a page you read years later.
If you sell as a non-resident, Article 160 of the Ley del Impuesto sobre la Renta gives you 25 per cent of gross proceeds with no deductions at all, or an election to apply the top individual rate of 35 per cent to the computed gain. Which is cheaper turns on the size of the gain relative to the sale price: the gain-based election wins while the gain is under roughly 71 per cent of the price. Contrary to common guidance, no Mexican legal representative is required to make that election where the sale is consigned in a public deed, which in Mexico it always is.
If you sell as a Mexican tax resident, you deduct under Article 121: indexed acquisition cost, floored at 10 per cent of the sale amount; capitalised improvements, indexed, but explicitly not conservation or maintenance; notarial fees, taxes and duties on both deeds; appraisal fees; and commissions you paid. Two mechanics work against you. Article 124 writes the construction component of your basis down 3 per cent per year of ownership, floored at 20 per cent of initial cost, and where the deed does not separate land from construction, land is deemed 20 per cent of total cost, usually unfavourable in San Miguel where land is a high share of value. Ask your notario to separate land and construction in the acquisition deed, and keep facturas for every capitalised improvement. Most foreign owners lose basis for want of paperwork, not for want of spending. The state 5 per cent payment under Article 127 is creditable against the federal provisional payment, not additive; sellers sometimes mistake it for an extra Guanajuato tax.
The principal-residence exemption sits in Article 93 fraccion XIX, and two things are usually said wrongly about it. It caps the exempt sale price, not the exempt gain, at 700,000 UDIs, which was 6,166,187 pesos at the UDI value published for 10 July 2026, or roughly 353,000 US dollars at the 23 July 2026 reference rate. The UDI is inflation-indexed and republished twice monthly, so the threshold rises continuously and must be recomputed at your sale date. And it sits in Title IV, which applies to Mexican tax residents. Nationality is irrelevant; tax residency is decisive. A foreign national who is a Mexican tax resident can use it, and a non-resident cannot.
One quirk is worth knowing. The substantive bar is three years: you must not have claimed the exemption on another home in the three years before the sale, and you declare it under oath before the notario. But the paragraph requiring the notario to query SAT still reads five years, an artefact of a 2015 reform that was never conformed. A sale in years four or five may surface in that query and require explanation without disqualifying you.
Because the notario calculates and remits this tax within 15 days of signing under their own personal responsibility, they are conservative. They will not accept deductions without complete facturas, and they will not apply the residence exemption without documentary proof of tax residency.
What we could not establish
Naming these is more useful than filling them with plausible numbers.
- The ratio of cadastral or fiscal value to market value in San Miguel de Allende. This is the single most important missing number in the cost picture. Both the predial tariff and the ISAI floor apply to fiscal value, and without the ratio the statutory rates cannot honestly be translated into a percentage of what you pay.
- Notary fees actually quoted and charged in San Miguel in 2026. No published schedule exists, so the 1 to 2.5 per cent figures in circulation are unverifiable.
- Transaction-level data on closing costs actually paid. Every published total is an estimate; AMPI does not appear to publish this for Guanajuato.
- Whether San Miguel notarios in practice assess ISAI on the full purchase price or on a lower certified appraisal. The statute requires the highest of three values; how often a low appraisal is accepted is undocumented.
- Gestoria and tramite handling fees for the SRE filing, registry work and cadastral work. They clearly exist, since brokerages quote 7,500 pesos against a 5,250 peso statutory SRE fee, but they are published nowhere.
- The SRE’s current official published fee and processing time. Two secondary sources give lower fees than the 2026 statute, and the SRE portal is behind bot protection that blocked verification.
- Escrow and title company fees from any source without a commission motive, and whether title insurance is commonly bought in San Miguel and at what cost.
- Published fees for the no-debt certificates on predial and water that a notario will require.
- The exact 2026 income tax bracket thresholds behind the 35 per cent top rate. The rate itself is confirmed by the cross-reference in Article 160; the bracket table is an embedded image in the official PDF and could not be verified at source.
The standing position
This is published research, not legal or tax advice. Everything above is drawn from statutes and published sources, cited so you can check it, and everything we could not check is named rather than smoothed over.
Your notario is the legal authority on your transaction. They are a state-appointed public officer, not your agent and not the seller’s, and they compute and remit the taxes under their own personal responsibility. Where this page and your notario differ on your specific property, your notario is right and we are general. Take the ISAI tariff, the arancel and the registry schedule with you, ask for a written itemised quote, and ask what each line is for.
We earn no commission on any San Miguel transaction and have no financial interest in whether yours closes. That is the only reason we can afford to tell you that the confident single number you read elsewhere does not exist.
Sources
- H. Congreso del Estado de Guanajuato — Ley de Ingresos para el Municipio de San Miguel de Allende 2026, Arts. 4, 5, 7, 25, 49 and 50 (predial tariff, cadastral values, ISAI tariff, avaluo fees, discounts, exemptions) · Fiscal year 2026; published Periodico Oficial No. 260, 21a Parte, 30 December 2025
- Ley de Hacienda para los Municipios del Estado de Guanajuato, Art. 180 (base on which ISAI is assessed), via Secretaria de Finanzas de Guanajuato · Article 180 reformed 24 December 2010; retrieved copy consolidated to 1 July 2016
- H. Congreso del Estado de Guanajuato — Ley de Ingresos del Estado de Guanajuato para el Ejercicio Fiscal de 2026, Art. 10 (Public Property Registry fees and certificates) · Fiscal year 2026; published Periodico Oficial No. 260, 50a Parte, 30 December 2025
- Ley Arancelaria para el Cobro de Honorarios Profesionales de Abogados y Notarios y de Costas Procesales para el Estado de Guanajuato, Arts. 2 and 21 (Poder Judicial de Guanajuato) · Ultima reforma Periodico Oficial No. 105, 1 July 2016; still the governing arancel
- Camara de Diputados — Ley Federal de Derechos, Arts. 25 fr. XV, 25 fr. V and 26-A (SRE convenio de renuncia fee, fideicomiso permit fees, rounding rule) · 2026 amounts; ultima reforma DOF 7 November 2025, updated per Resolucion Miscelanea Fiscal 2026, DOF 28 December 2025
- Camara de Diputados — Ley de Inversion Extranjera, Arts. 2 fr. VI and 10-A (restricted zone definition, convenio requirement, five-business-day afirmativa ficta) · Texto vigente, ultima reforma DOF 27 May 2024
- Camara de Diputados — Ley del Impuesto sobre la Renta, Arts. 93 fr. XIX, 121, 124, 126, 127 and 160 (principal-residence exemption, deductions, depreciation, notary withholding, non-resident tax on sale) · Texto vigente, ultima reforma DOF 1 April 2024
- Camara de Diputados — Ley del Impuesto al Valor Agregado, Arts. 9o frs. I and II and 20 fr. II (IVA exemption on land and dwellings; furnished-rental exception) · Texto vigente, ultima reforma DOF 12 November 2021
- Constitucion Politica de los Estados Unidos Mexicanos, Art. 27 fraccion I (restricted zone; Calvo clause). Fraccion last amended 20 January 1960 · Text in force as of DOF 2 June 2026
- Codigo Civil para el Estado de Guanajuato, Arts. 1815 and 1816 (escritura publica mandatory for real property; registration required for effect against third parties) · Consolidated text in force, July 2026
- Diario Oficial de la Federacion / Banco de Mexico — published UDI value of 8.808839 for 10 July 2026, applied to the 700,000-UDI threshold in LISR Art. 93 fr. XIX · UDI value published for 10 July 2026
- European Central Bank reference rate via Frankfurter — 17.4601 MXN per USD on 23 July 2026, used for every peso-to-dollar conversion on this page · 23 July 2026
- TheLatinvestor — San Miguel de Allende property taxes and fees (total closing costs 4-9%, appraisal and soft-cost market quotes). Independent research publisher, secondary source · Page last updated 1 February 2026
- Mexico News Daily (Glenn Rotton) — the real costs of buying a home in Mexico (San Miguel 5-6%, Queretaro closer to 8%). Independent news outlet, secondary source · Published 14 November 2025
- Mexperience — total cost of property ownership (5-10% of sales value). Independent publisher, secondary source · Retrieved 23 July 2026
- Realty San Miguel — buyer FAQ (total 5-6.5%, escrow and power-of-attorney estimates). Active San Miguel brokerage, commission motive, page undated · Retrieved 23 July 2026
- Live In San Miguel (Sarah Bender) — buyer FAQ (total around 5%, seller-paid commission 6% plus tax, SRE handling cost). Active San Miguel brokerage, commission motive, page undated · Retrieved 23 July 2026
Common Questions
How much are closing costs when buying a house in San Miguel de Allende?
There is no verifiable single figure. Published estimates for San Miguel de Allende range from about 4 to 9 per cent of the purchase price, clustering at 5 to 6 per cent, and none of them traces back to a primary source. What can be priced from the 2026 statutes is a floor: the municipal acquisition tax, the maximum notary fee under the Guanajuato residual arancel, the flat state registry fee, the municipal appraisal tariff and the federal SRE fee together come to roughly 4.6 per cent of price on both a five million and a ten million peso purchase. Everything above that floor is negotiated privately and is not published anywhere.
Is the acquisition tax in San Miguel de Allende really 2 per cent?
No. Two per cent is only the first bracket. The 2026 Ley de Ingresos for the Municipio de San Miguel de Allende sets a progressive ISAI tariff running from 2.00 per cent on the first 500,000 pesos up to a fixed charge of 39,125 pesos plus 4.00 per cent on everything above 1,500,000 pesos. Because the brackets are stated in pesos and are not indexed to inflation, almost every foreign-buyer purchase lands in the top bracket. The blended effective rate works out at roughly 3.58 per cent on a five million peso property and 3.90 per cent on a twenty million peso property.
Who pays the real estate commission in San Miguel de Allende?
The seller customarily pays it. One San Miguel brokerage states 6 per cent plus tax paid by the seller; an independent research publisher gives 4 to 6 per cent seller-paid, with 0 to 2 per cent payable by the buyer where a buyer-agent agreement has been negotiated separately. Commissions attract 16 per cent IVA on top of the stated rate. Both figures come from parties with a commercial interest in the number, and no independent transaction-level data on actual commissions paid in San Miguel has been published.
Do foreign buyers pay IVA on a property purchase in San Miguel de Allende?
Not on the price itself. Under Article 9 of the Ley del Impuesto al Valor Agregado, the sale of land is exempt from IVA, and so is the sale of buildings attached to land that are used as dwellings. An ordinary residential purchase in San Miguel therefore bears no IVA on the purchase price. IVA at 16 per cent does apply to the services wrapped around the transaction: notary fees, agent commissions, legal fees and appraisal fees are all taxable.
What tax will I pay when I sell my San Miguel property as a non-resident?
Article 160 of the Ley del Impuesto sobre la Renta gives a non-resident seller two routes: 25 per cent of the total gross proceeds with no deductions whatsoever, or an election to apply the top individual rate of 35 per cent to the computed gain instead. Which is cheaper depends entirely on how large your gain is relative to the sale price. Contrary to widely repeated guidance, no Mexican legal representative is needed to make that election when the sale is formalised in a public deed, which in Mexico it always is.
Can a foreigner use the Mexican principal-residence exemption on capital gains?
Yes, but only if you are a Mexican tax resident at the time of sale. Nationality is irrelevant and tax residency is decisive. The exemption in Article 93 fraccion XIX of the Ley del Impuesto sobre la Renta caps the exempt sale price, not the exempt gain, at 700,000 UDIs, which was 6,166,187 pesos at the UDI value published for 10 July 2026 and drifts upward continuously with inflation. You must also not have claimed the exemption on another home in the three preceding years, and must declare so under oath before the notario.
How much does the SRE permit cost in San Miguel de Allende and how long does it take?
Because San Miguel de Allende sits outside Mexico's restricted zone, a foreign buyer files a convenio de renuncia rather than setting up a bank trust. The 2026 statutory federal fee under Article 25 fraccion XV of the Ley Federal de Derechos is 5,252.02 pesos, payable rounded to 5,250 pesos. Timelines conflict: the Foreign Investment Law deems the permit granted if no denial is published within five business days, the SRE's own page states about 20 business days, and San Miguel brokerages report three to six weeks. Brokerages also quote 7,500 pesos or 400 to 500 US dollars per foreign buyer, the excess over the statutory fee being an unpublished handling charge.
San Miguel de Allende · Heritage Equity
The report no agent will send you.
The SMA Wealth Intelligence Report. Transaction data, neighbourhood appreciation, and the full short-term rental yield distribution. No commission agenda, because we do not earn one.