

Cross-border business can become very complex and Mexico is no exception. Mexico is an excellent place to buy business real estate; it is a cheaper option in terms of labor costs and a perfect location for business with the United States as well as Central and South America. Some simply enjoy Mexico for its beauty and buy real estate in search of a warmer climate for a vacation property. This acquisition may come from a purchase or inheritance; either way, owning property in Mexico involves expense, risk and taxation from local and federal laws. When talking about succession it is necessary to have the death certificate and, if applicable, the will. This defines whether it is a testamentary or non-testamentary succession. An inheritance immediately causes the property acquisition tax, which is a minimum tax that ranges between 0.5% and 3% on the cadastral value of the property. In the specific case that it is not an inheritance, but a donation or bequest in life, the payment of the property acquisition tax is also contemplated. The payment of ISR is not made, only in the cases in which the hereditary succession is in straight line. The next step is to verify the status of the property and make sure that the inheritance has no debts in the payment of property, water and other services and, in the case of mortgages, that the property has been liquidated. When this is done, the executor can be appointed and the beneficiaries can claim ownership of the property or begin the sale process. In the case of Mexico, the main commercial opportunities come from our northern border; having an economic giant as a neighbor like the United States is excellent for business, but many foreigners do not understand the expenses, risks and tax implications of owning or doing business within the United States. In the United States, there are several types of wills: simple, articulated and fiduciary. As a general rule, the widowed spouse is entitled to receive a percentage of the estate, although there is no obligation to leave an inheritance to children or other relatives, such as siblings or parents. Inheritance tax, known in the U.S. as estate tax, is paid on the decedent’s estate and before proceeding to give each share to the heirs. At the state level, only a few states have estate taxes. In addition, some states such as Iowa, Kentucky, Maryland, Nebraska, New York and Pennsylvania have estate taxes that are levied on the amount each heir receives, after the estate has already been delivered.