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Real Estate Lease Contracts

Leasing a propertie in Panama can be very simple, and all you have to make sure you get is the following:

1. A lease contract with the owner;

2. Original passport and a copy of the page where your photo and signature are;

3. One copy of the property's utility bill;

4. Be ready to pay the first month of lease plus the same amount in concept of deposit to cover possible future damages.

In Panama is acceptable long and short term lease, that will variate according to the tenant's criteria.

 

Liane Kraemer

10/11/2011


 

Real Estate Transfer and Capital Gain Taxes

Panama's Real Estate transfer taxes is a flat tax of 2% of the Sale price or the Property Registered Value at Tax Office, whichever price is higher, and the taxes mus be paid prior to be able to convert the Purchase Sale Contract into a Public Deed.

As for the Real Estate capital gain taxes, standard it is a 10% of the gain, but since the 2010 Tax Law reform, now instead of paying the real gain, the seller must pay a 3% of the  Sale price or the Property Registered Value at Tax Office, whichever price is higher, which will be applied as for capital gain taxes, not mattering wheter there are even losts in the deal.

According to the Law, thereafter, if the amount paid for capital gain tax was higher then the real gain, then the tax payer can apply a form asking the tax office for the money difference as tax credit or the money back. In the other way though, if the tax paid was way less than the real one needed to be paid, then the tax payer had the option, when filing the original forms, to check it as the final taxes to be paid.

In other words, this changes to the law really benefits the big deals out there, who can save big monies on capital gain taxes, whereas the small transactions end up paying more than they should.

 

Liane Kraemer

12/11/2011


 

Property Due Diligence

Unlike the United States, in Panama there isn't some thing like title insurance, nevertheless, attorneys and real estate offices offer a service called Property Due Diligence, whereas alike in the US, a preliminary research in the Panama's Public Registry database is done so that an assurance can be made of who is the legal owner of the property, if there are any liens to it, or even if the property is being involved in a lawsuit, as well as information in the history log of each property.

The due diligence process is a very important process to take whenever you decide to acquire a property in the country, but it's level of accuracy can only be garanteed when buying titled property, as untitled property is not registry in the Public Registry records, and even though the untitled property, also called "right of possession", can be legal, clean and be under no legal dispute, it is hard to verify it, as a due diligence process with "rights of possession" requires a thorough research in the community where such a land is located, to determine whether or not the seller is the real owner of the land and that such land has no disputes by previous owners.

 

Liane Kraemer

11/11/2011


 
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