pk
Level 15
Level 15

Deductions & credits

@mach3833 , agreeing with my colleague @DaveF1006  for his excellent reply, I just want to point out  that  the "fideicommiso" is only an ABC trust  to comply with MX prohibition of foreign direct ownership of real-estate in certain areas.  For purposes of US taxes it has no role to play -- I am assuming here that  you the "lease holder" of the asset is selling the  "leased asset" to another.  Thus there is no 1099-S involved. 

But Mexico collects taxes from the transaction  including  "I v a "  and capital gains tax.  The gains tax would fall under  Foreign tax credit ( passive ) but "iva"  ( UK' VAT  equivalent)  I think is like a transaction tax and would not be eligible for foreign tax credit.

 

Are you all set on this ?