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.