BUYING PROCEDURE -
With Apremont Its easier than you think
EU citizens are
now allowed to own property in Croatia and the procedure
is now quite straightforward.
The new government
are aiming for EEC membership in 2007/8 and formalities
are becoming easier all the time. The main problem
is proving title to property as the records are not
electronic, and our legal team issue check title on
all property before we offer it to our clients.
If the buyer is not a Croatian citizen, there are
2 possible ways to buy property:
Option 1.
Once a sales agreement has been signed, the buyer
applies for permission from the Croatian government
to register his title (via the lawyer). Providing
the buyer is resident in a country with a reciprocal
agreement with Croatia, ie most European countries,
then the application will be granted, but may take
several months. During this time, no alterations can
be made to the property, but you may take possession
and live there.
Option 2.
A foreign buyer can form a Croatian Limited Company,
there can be 1 shareholder and the formalities can
be completed in 6 weeks by your lawyer.
The main difference from option 1 is that in the case
of a company, the searches and proof of title are
handled by a private lawyer, hence the quicker result.
A Limited company requires an initial capital of €2,500
which can be recovered once the company is formed.
There are legal formation costs of approximately €1000
which cannot be recovered.
New properties, such as apartments in a new building
are considered "clean" and potential buyers
can follow option 1: older properties and land require
option 2.
TAX & FEES ON PROPERTY PURCHASE
There are 2 possible taxes imposed on property purchase
in Croatia, VAT or Sales Tax.
All property built after Jan 1st 1998 is subject to
VAT at 22% (and is included in prices quoted).
For property built prior to 1998, a sales tax of 5%
is applied to the sale price.
It is possible that Sales Tax of 5% will be applied
to the land and VAT at 22% to the value of the building.
In the case where
property is purchased via a Croatian Company, in theory
the VAT can be reclaimed, but unless the property
is going to be used commercially or let, it is not
practical to register for VAT as this implies that
the company will be trading.
TAXES ON SALE
OF PROPERTY
when a property is sold, there are 2 taxes which may
be applied:
Capital Gains Tax (CGT) if sold by an individual or
Corporation Tax (CT) if sold by a Company.
Recently the CGT rate has been reduced to match the
CT rate, i.e. 20%.
CGT is only applicable to properties sold within 3
years of purchase: CT is applied annually to company
profits, which take into account normal trading factors.
LEGAL FEES
There are legal fees of approximately 3% (+vat), currently
these are scale fees authorized by the Croatian Law
Society.
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