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Why Your CFDI Invoice Matters When Selling Property
Lic. Daniel HamiltonYour CFDI invoice proves your property's cost and affects resale tax. What it is, who issues it and what to check in Tulum, Playa del Carmen, Cancún.
Your electronic tax invoice (CFDI) proves, for tax purposes, how much you paid for your property in Mexico. Without it, the notary may not recognize that cost when calculating the sale income tax (ISR), and your tax bill could rise significantly. Here is what it is, who issues it and what to check.
When you buy property in Mexico, one of the most important documents you receive is your property deed (Escritura Pública). But another document can be just as important if you ever sell: the electronic tax invoice. It often goes unnoticed during the purchase, yet it directly affects the taxes you will pay when selling.
What is an electronic tax invoice (CFDI)?
CFDI (Comprobante Fiscal Digital por Internet): Electronic tax invoice that records a transaction with the SAT, Mexico's tax authority. In a real estate purchase it helps establish the original acquisition cost.
Think of it as the official record of how much you paid for your property. That information becomes essential if you decide to sell in the future.
When did this requirement begin?
Following Mexico's 2014 tax reforms, particularly beginning April 1, 2014, new requirements were introduced for tax documentation of real estate acquisitions. Since then, you should make sure you receive the appropriate CFDI or, depending on the transaction, the tax supplement issued by the notary.
Notary Public Supplement (Complemento de Notarios Públicos): Tax supplement to the CFDI issued by the notary, containing information related to the acquisition of real estate.
Not all transactions require exactly the same document. It depends on several factors, including who sold you the property and the nature of the transaction.
Who is responsible for issuing the invoice?
It depends on the type of purchase:
| If you bought from… | Who usually issues the document |
|---|---|
| A developer or real estate company | The seller is generally responsible for issuing the CFDI documenting the sale |
| A private individual | In certain transactions, the notary includes a Notary Public Supplement in the CFDI issued for their services |
That is why, once your purchase is complete, you should confirm with your attorney and the notary's office that you received the tax documentation that applies to your transaction.
Why is this invoice so important when selling your property?
When you sell property in Mexico, you may be required to pay income tax on the sale (ISR, Impuesto Sobre la Renta), generally calculated on your taxable gain according to applicable regulations.
ISR on the sale of real estate: Income tax that may apply when you sell property, generally calculated on the taxable gain from the sale.
One of the key elements of that calculation is proving how much you originally paid for the property.
A simple example
Imagine you bought a condo in Tulum for $3,000,000 MXN and a few years later sell it for $4,000,000 MXN. In very general terms, the initial difference is $1,000,000 MXN. However, when calculating ISR, the notary must also consider applicable inflation adjustments, allowable deductions and other tax factors. This is an illustration, not a tax calculation.
What happens if you don't have the invoice documenting your purchase?
If your acquisition cost cannot be properly documented for tax purposes, the notary may be unable to recognize that amount among the deductions used to calculate your taxable gain. Your taxable gain could be significantly higher, potentially leading to a much larger ISR payment.
This is why having your property deed alone may not always be enough to establish your acquisition cost for tax purposes.
What information should you check on your invoice?
Receiving a PDF isn't enough. Make sure the information is accurate and matches your transaction:
- Issuer (Emisor): verify that the tax information of the person or company issuing the invoice is correct.
- Recipient (Receptor): make sure your name and tax information are accurately recorded.
- Transaction description: confirm it corresponds to your property purchase.
- Transaction value: check that the amount is correct and consistent with your purchase documents.
- Tax folio (UUID): verify that the invoice has a valid tax identification number.
Keep both the PDF and XML files: the XML is the official electronic file containing the CFDI's tax information. If you notice any mistakes, request a review and, when appropriate, a correction as soon as possible.
What if you bought your property but never received an invoice?
Don't panic. First, review your purchase records and determine which tax document should have been issued for your transaction. Depending on your circumstances, you may need to contact the developer, the original seller or the notary's office that handled your purchase.
In certain cases there may be procedures to obtain or correct missing tax documentation, but the options depend on the purchase date, the type of seller and the applicable tax regulations.
We recommend reviewing these documents before listing your property: identifying tax issues early can prevent unexpected expenses and delays at closing. If you are already planning to sell, read also how to resell your property in the Riviera Maya.
At Palmera Legal, we're here to help
Buying or selling property in Mexico involves much more than signing a deed. We review the legal and tax documentation of your transaction and coordinate with the notary's office to address the closing requirements.
If you are considering selling in Tulum, Playa del Carmen, Cancún or anywhere else in Quintana Roo, we can review your documentation and identify potential issues before the selling process begins. Can't find your invoice or unsure whether you received the correct document? Contact us and we will review your records.
Frequently Asked Questions
Does my property deed replace the CFDI invoice? Not always. The deed is your title, but it may not establish for tax purposes how much you paid. For that you need the CFDI or, depending on the transaction, the tax supplement issued by the notary.
What happens to my ISR if I don't have my invoice? The notary may be unable to recognize your acquisition cost as a deduction. Your taxable gain would be higher, and the ISR on the sale could increase significantly.
Who must give me the invoice if I bought from a developer? Generally the seller, meaning the developer or real estate company, is responsible for issuing the CFDI for the sale. Confirm with your attorney and the notary's office that you received it.
What should I do if I never received my invoice? Review your records to identify which tax document applied, then contact the developer, the original seller or the notary's office. Procedures exist in certain cases, depending on the purchase year and type of seller.
Author: Daniel Hamilton, Attorney · Professional license (cédula) 14041908 · Palmera Legal.
This article is for informational purposes only and does not constitute legal or tax advice. Every transaction is different. Please consult a specialist about your specific situation.
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