You know about FBAR and FATCA — the reporting obligations. But the real tax conversation for US owners of Cabo property is about optimization: deductions you are entitled to, credits that prevent double taxation, and timing strategies that reduce your combined tax bill in both countries.
Key Takeaways
- ✓ Mortgage interest on a Cabo second home is deductible on Schedule A (up to $750K combined debt limit)
- ✓ US-Mexico tax treaty: foreign tax credit on Mexican ISR prevents double taxation on rental income
- ✓ 14-day rule: rent your property 14 days or fewer per year and the income is completely tax-free
- ✓ Mexican RFC required for rental income — enables the foreign tax credit on your US return
- ✓ Timing capital gains between countries can meaningfully reduce combined tax liability
Disclaimer: This guide provides general information for educational purposes. Tax situations are individual. Consult a cross-border tax professional (US CPA with Mexico experience or a tax attorney) before making decisions based on this information.
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Get Expert ReferralsMortgage Interest Deduction on Foreign Property
This is the deduction most Cabo owners do not know they can take. Under IRS rules, mortgage interest on a qualified second home is deductible on Schedule A regardless of the property's location. Your Cabo condo or villa qualifies if:
- The loan is secured by the property (not a personal line of credit or HELOC on your US home used to buy in Mexico)
- You use the property as a residence for at least 14 days per year or 10% of the days it is rented, whichever is greater
- Your combined mortgage debt (primary home + second home) does not exceed $750,000 (the cap set by the 2017 Tax Cuts and Jobs Act)
Several US-based cross-border lenders provide mortgages secured by Mexican property — see our mortgage options guide. Mexican bank mortgages also qualify if the loan is secured by the property.
The deduction is claimed on Schedule A, which means you must itemize. For owners with a primary home mortgage plus a Cabo mortgage, itemizing typically wins over the standard deduction. Run the numbers with your CPA — the mortgage interest on a $500,000 Cabo loan at 7% is $35,000 per year in potential deductions.
Rental Income: The Two-Country Tax Calculation
If you rent your Cabo property, both countries want their share. Here is how it works:
Mexico Side
Mexico taxes rental income from property located in Mexico. You need a Mexican RFC (taxpayer ID number) to file. Mexican ISR on rental income for foreigners is typically withheld at 25% of gross rental income, or you can elect to pay on net income (after deductions) at graduated rates. The election to pay on net income is almost always better — deductible expenses include property management fees, maintenance, insurance, predial, depreciation, and fideicomiso fees.
US Side
The US taxes your worldwide income, including Cabo rental income. You report it on Schedule E just like a US rental property. All legitimate rental expenses are deductible: management fees, maintenance, insurance, depreciation (27.5-year schedule for residential property), travel to the property for management purposes, and professional fees.
The Treaty Credit
The US-Mexico tax treaty prevents double taxation through Article 24, which provides a foreign tax credit. Taxes paid to Mexico on rental income are credited dollar-for-dollar against your US tax liability on that same income. You claim this on Form 1116. The net effect: you pay the higher of the two countries' tax rates, not both.
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Book a Free CallThe 14-Day Rule: Tax-Free Rental Income
This is one of the most powerful and underused tools in the second-home tax toolkit. Under IRS rules, if you rent your property for 14 days or fewer per year, the rental income is completely tax-free — you do not even report it on your return.
For Cabo owners, this creates an interesting strategy: rent only during peak weeks (Christmas/New Year, spring break, Easter) at premium nightly rates. Two weeks of peak-season rental in a quality Corridor property can generate $10,000-$25,000 — tax-free.
The catch: if you rent for 15 or more days, all rental income becomes reportable. There is no middle ground. And the personal-use requirement still applies — you must use the property as a residence for at least 14 days per year to maintain its status as a qualified second home for mortgage interest deduction purposes.
Capital Gains: Planning Before You Sell
When you eventually sell your Cabo property, both countries tax the gain — but differently. Planning ahead can meaningfully reduce your combined liability.
Mexico's approach: ISR on capital gains is calculated by the notario at closing and withheld from sale proceeds. Mexico taxes the full nominal gain (sale price minus original purchase price, with limited adjustments). The rate varies but typically runs 25-35% for foreign sellers. For details, see our capital gains guide.
US approach: You report the gain on your US return. The US allows basis adjustments for improvements, closing costs, and inflation (via cost basis adjustments). Long-term capital gains rates (15-20% for most taxpayers, plus 3.8% net investment income tax) apply if you have held the property more than one year.
Treaty credit: Mexican ISR paid on the sale is credited against your US capital gains tax liability on the same gain, just like rental income. But because Mexico and the US calculate the gain differently, the credit may not fully offset — your CPA needs to run both calculations before you sell to determine the optimal timing.
Beyond FBAR and FATCA: Reporting vs. Optimization
Our FBAR and FATCA guide covers the reporting requirements — FinCEN 114 for foreign bank accounts exceeding $10,000 aggregate, Form 8938 for specified foreign financial assets. Those are compliance obligations — miss them and the penalties are severe.
But reporting is not planning. The optimization opportunities most Cabo owners miss:
- Depreciation on the Mexican property. Even though the property may appreciate in value, the IRS allows you to depreciate the structure (not land) over 27.5 years on Schedule E. This phantom expense reduces your taxable rental income.
- Travel expense deduction. Trips to Cabo for property management — meeting your property manager, inspecting the unit, handling repairs — are deductible as rental property management expenses. Keep records, document the management purpose, and maintain a log.
- Entity structuring. Holding a rental property in the right structure can provide liability protection and tax efficiency. But the wrong entity — a US LLC that Mexico does not recognize, or a Mexican SA de CV with unnecessary compliance costs — can create problems. Get professional advice before forming any entity. For the Mexican corporation analysis, see that guide.
The bottom line: a Cabo property is not just a lifestyle investment. Structured properly, it is a tax-efficient asset that generates deductions, credits, and optionality that most owners leave on the table because their CPA does not specialize in cross-border work. Find one who does.
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Get Expert ReferralsFrequently Asked Questions
Can I deduct mortgage interest on a Mexico property?+
Yes. Under IRS rules, US taxpayers can deduct mortgage interest on a qualified second home regardless of its location. A Cabo property financed through a US cross-border lender or a Mexican bank qualifies if the loan is secured by the property and the property is used as a residence for at least 14 days per year (or 10% of rental days, whichever is greater). The deduction is claimed on Schedule A. The combined limit with your primary home is $750,000 in mortgage debt (post-2017 Tax Cuts and Jobs Act).
Does the US-Mexico tax treaty prevent double taxation on rental income?+
The US-Mexico tax treaty (Convention for the Avoidance of Double Taxation) allows Mexico to tax rental income from property located in Mexico, and the US taxes your worldwide income including that rental income. However, Article 24 of the treaty provides a foreign tax credit: taxes paid to Mexico on the rental income can be credited against your US tax liability on the same income, dollar for dollar. This effectively prevents double taxation. You claim the credit on Form 1116.
What is the 14-day rental rule for a second home in Mexico?+
If you rent your Cabo property for 14 days or fewer per year, the rental income is tax-free — you do not even need to report it on your US return. If you rent for more than 14 days, you must report all rental income but can deduct expenses proportionally. This 14-day rule can be strategically valuable for owners who rent only during peak season (Christmas/New Year, spring break) at high nightly rates.
How does FIRPTA apply when selling property in Mexico?+
FIRPTA (Foreign Investment in Real Property Tax Act) applies to foreign persons disposing of US real property interests — it does not directly apply to selling Mexican property. However, as a US citizen selling Mexican property, you report the capital gain on your US return and can credit Mexican ISR (capital gains tax) paid against your US liability. The key planning opportunity is timing: Mexico taxes capital gains on the full nominal gain, while the US allows inflation adjustment, so coordinating with your CPA on the optimal sale year can reduce combined tax liability.
Do I need a Mexican RFC number as a property owner?+
If you earn rental income from your Cabo property, you need a Mexican RFC (Registro Federal de Contribuyentes) — Mexico's taxpayer identification number. This allows you to report and pay Mexican ISR on rental income, which in turn generates the foreign tax credit you use to offset your US tax liability. Without an RFC, you cannot properly document Mexican taxes paid, which limits your ability to claim credits on your US return.
Should I hold my Cabo property in an LLC?+
The answer depends on your specific situation, but generally: a single-member LLC offers no tax advantage for Mexican property (the IRS disregards it, and Mexico does not recognize LLCs). A Mexican corporation (SA de CV) can hold property directly without a fideicomiso but adds corporate compliance costs. Most individual buyers use the standard fideicomiso structure. Consult a cross-border tax attorney before creating any entity — the wrong structure can create tax complications in both countries.

Aaron Cuha
Real Estate Advisor & Los Cabos Market Expert
Real estate advisor and founder of Living In Cabo. 15+ years helping families navigate complex real estate decisions. Strategic partner with Ronival — Baja's largest brokerage.


