Nayarit acquisition tax: 2% in Bahía de Banderas and Tepic

Who sets the tax

The state’s Ley de Hacienda Municipal creates the tax and states “the 2% rate applied to the value of the property and as provided in the revenue laws of the municipalities” (art. 40). Each municipality’s annual Ley de Ingresos then restates the rate and adds local deductions. Only two municipalities were read for this guide: Bahía de Banderas (art. 21) and Tepic (art. 14). The state’s other municipalities were not read; ask the municipal treasury.

The base

Under the state law (art. 43) the value is the highest of the agreed price, a commercial appraisal and the appraisal by the cadastral authority. Commercial appraisals must come from a credit institution, the federal agency for national property valuation, a public broker, or a person with a professional valuation licence registered with the council, and are valid for six months.

The municipal laws are slightly more specific:

• Bahía de Banderas: the highest of the price, the commercial appraisal or the appraisal made by the cadastre, at the date the transfer is filed with the cadastre department.
• Tepic: the highest of the price, a bank or commercial appraisal certified by the cadastral authority, and the value obtained by applying the current unit cadastral values.

Rate, minimum and reductions

The minimums and the social-housing rules do not matter for a MX$3 million home. Bahía de Banderas’ law also says that the special university tax of 15%, which is charged on other municipal taxes and fees, is not charged on the acquisition tax (art. 22).

Worked examples (calculations)

Base equal to the price, official 2% rate, UMA MX$117.31. The state’s recording fee is 131.8 UMA × MX$117.31 = MX$15,461.46.

Notary fees and the appraisal are not included. See Bahía de Banderas, Tepic, the state page and the closing costs calculator.

Who pays, when, and the notary

The buyer pays; in Tepic the law says so expressly, and in the state law the seller is jointly liable for the buyer’s tax (art. 45). The tax is due within the month following the event that triggers it (art. 44): in a normal sale, when the deed is signed (escritura pública, the notarial deed) or the act is recorded in the public registry. The same article lists other events, such as a trust acquisition under the federal Fiscal Code, a sale with reservation of title or a promise to buy that expires.

When the sale is notarised, the notario público (a state-appointed notary, a senior lawyer) calculates the tax under their responsibility, records it in the deed and files the return at the office for their domicile; a return is filed even when there is no tax. If a later appraisal produces a difference, the notary is not jointly liable for it (art. 45). Adjoining lots bought within 24 months are treated as one property for any deduction a municipal law grants (art. 47).

A special rule for contracts signed outside Nayarit

If the contract is signed elsewhere in Mexico but the property is in Nayarit, the tax is still due under the Nayarit rules, but the deadline is 90 working days from the contract date (art. 49). A buyer who signs in another state should still file in the Nayarit municipality.

The recording fee

Article 18 of the 2026 state revenue law charges 131.8 UMA to record a document that transfers ownership. It also charges 131.8 UMA to record a trust (fideicomiso), and extra amounts for each additional act in the same instrument, such as a mortgage or a condominium regime. The fee does not depend on the price. An exemption applies when the state or the federation acquires.

Traps

• One month is short. The tax is due within a month of the triggering event, not after the registration is completed.
• Two appraisals. The cadastre’s own appraisal can be higher than the commercial one; the highest wins.
• Municipal law, not only state law. Bahía de Banderas and Tepic describe the base in different words; check the one where the property stands.
• Trust purchases. A bank-held trust acquisition is a taxable event under art. 44-III; the notary computes it.
• Trust registration. The fee for recording a trust is as high as for recording a deed.

Which professional to consult

A notario in Nayarit calculates the tax, files the return and knows which appraisal the municipality will accept. An appraiser registered with the council prepares the commercial appraisal. See notary, appraiser, the explanation of fideicomiso bank trust explained and the overview property acquisition tax in Mexico.