Buying Property in New Mexico as a Foreigner
Federal & New Mexico tax facts for non-resident buyers, plus the latest market news.
Buying as a Foreigner
US Tax & OwnershipApplies to everyone7
Capital Gains (Federal)
Long-term capital gains taxed federally at 0/15/20%, plus a 3.8% Net Investment Income Tax on higher incomes (2026).
Property Tax
Property tax: ~0.61% average effective rate (statewide average; set and collected locally).
State Income Tax
State income tax up to 5.9%; rental income is taxed at these rates.
State Capital Gains
Capital gains taxed as income, with a partial state exclusion or credit.
Transfer Tax
Real estate transfer tax: none statewide (local tax may apply).
Assessment Cap
No Proposition 13-style assessment cap; property is reassessed at market value.
Mansion Tax / Rent Control
No statewide mansion tax or statewide rent control.
US citizens & tax residents7
Primary-Home Exclusion
Selling your main home: exclude up to $250k of gain (single) / $500k (married) if you owned and lived there 2 of the last 5 years.
1031 Like-Kind Exchange
A 1031 like-kind exchange defers capital gains tax on investment property; 45 days to identify, 180 to close. Real estate only.
Depreciation Recapture
Residential rentals depreciate over 27.5 years; on sale, recaptured depreciation is taxed up to 25% (Section 1250).
Mortgage Interest Deduction
Mortgage interest is deductible on up to $750k of home debt. The SALT cap rose to $40,000 for 2025-2029 (reverts to $10k in 2030).
Opportunity Zones
Opportunity Zones are now permanent (2025): reinvested capital gains get deferral plus a basis step-up, and are tax-free after 10 years.
Rental Income (Resident)
Rental income is reported on Schedule E; passive-loss rules (Section 469) limit deducting rental losses against other income.
1031 State Conformity
The state conforms to the federal 1031 like-kind exchange rules.
Foreign buyers (non-residents)5
FIRPTA (Foreign Sellers)
FIRPTA: the buyer withholds 15% of the gross sale price when a nonresident sells US property. It is an advance deposit, not the final tax.
Non-Resident Capital Gains
Nonresident sellers pay US capital gains tax (generally 15-20%) on the net gain via Form 1040-NR; FIRPTA withholding is credited.
Non-Resident Rental Tax
Nonresident rental income is taxed at 30% of gross by default, or on net income at graduated rates via a Section 871(d) election (W-8ECI).
Estate Tax (Non-Resident)
Nonresidents get only a $60,000 US estate-tax exemption (vs $13.99M for residents); US property above it is taxed up to 40%. Treaties may help.
ITIN Requirement
Nonresidents without an SSN need an ITIN (Form W-7) to file US tax returns, claim FIRPTA refunds, and report rental income.
Talk to a US real-estate tax advisor
FIRPTA, ITIN & New Mexico property-tax guidance for foreign buyers
