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Purchasing property in Cyprus

tax and fees

Contract of sale

The lawyer responsible for drafting the contract of sale besides adding in the contract itself the fair terms and conditions for the protection and interest of the buyer will also examine the title deeds of the property sold by obtaining a copy of the title deed from the vendor or the Land Registry Office. The lawyer will make sure that
all the details correspond to the property in question and that it can be sold to the prospective buyer. When the contract is drafted at the satisfaction and approval of the buyer it can be signed by the buyer himself or by his lawyer by virtue of a power of attorney that can also be used for all other necessary acts and documents until the completion of the transaction.

Stamp Duty

Once the contract is signed the purchaser is responsible for the payment of stamp duty:
For example if the contract price is €300,000.

i.e The first €5,000 – no stamp duty is imposed
i.e The next €165,000 is at the rate of 1.50 i.e 165,000 x 1.5 ÷ 1000 = €247.50
i.e The next €130,000 is at the rate of 2.00. i.e 130,000 x 2.0 ÷ 1000 = €260.00
This amount should be paid within 30 days of signing the contract in order to avoid the payment of a fine.

Lodging the sale at the Land Registry

As from the date of signing the contract of sale the buyer has the right within 6 months from that date to lodge the contract to the Land Registry Office for what is called Specific Performance purposes. This is very important for the protection of the buyer mainly for two reasons: By depositing the aforementioned contract in the Land Registry, the purchaser prevents the Vendor from transferring the immovable property in the name(s) of a third party and the Purchaser acquires the right to seek “specific performance” of the terms and conditions of the Contract of Sale and secure the transfer of title of the immovable property in the name of the Purchaser, even when the Vendor does not wish to be involved in such processes.

VAT payable on the property

Regarding property units, where an application for a town permit is filed before the 1st of May 2004, VAT will not be charged. Since the accession of Cyprus in the E.U., the VAT which is now calculated on the rate of 19% must be paid when a purchaser is buying a land or a house.

However, purchasers who are purchasing a house are entitled to reduced rate of 5% VAT according to the law if:

  • The application for the planning permission has been deposited in the appropriate authority after the 1/5/2004.
  • The purchaser uses the purchased property as his principal and permanent residence in the Republic and he had not acquired any other residence in the Republic.
  • Reduced percentage of 5% will be imposed for the first 200 square meters ONLY.
    Total Area: means the summation of the area of the cover spaces of the property including engine room storage areas and parking covered spaces and covered verandas.

Transfer fees

The transaction is concluded with the transfer of ownership by a simple process of registration at the Land Registry Office as soon as separate title deeds for the property sold are issued by the Land Registry Office reflecting the property erected on the land. At this stage the buyer is responsible for the transfer fees.
– Purchasers who are eligible for VAT on their property purchase will be absolved of all transfer fees.
– Purchasers, who are not required to pay VAT on any immovable property, will receive a reduction of 50% on their transfer fees.
Fee calculation
UP TO EUR 85,000 3%
EUR 85,000.01 – EUR 170,000.00 5%
EUR 170,000.01 AND OVER 8%

Capital Gains Tax

On any financial gains from disposal/sale of Immovable Property situated in Cyprus, Capital Gains Tax will be imposed at the rate of 20% with the first €17,086 being exempt for each person. The gain is the difference between the sales proceeds and the original cost of the property. In the case of a property which was purchased before 1st January 1980, the gains are the difference between the sales proceeds and the market value of the property as of 1st January 1980.
The Seller is entitled to a further allowance regarding the Transfer Fees paid, Inflation Rate per year and the cost of any additions made to the house.
Gains from the disposal/sale of a private residence/dwelling house are exempt up to €85,430 in total if the owner resides in it continuously for at least five years prior to disposal/sale.

Inheritance tax

Inheritance tax has been abolished and is no longer imposed in Cyprus.

Local Authority Fees

Depending on the size of your property, local authorities charge between €85 – €500 per annum for regular refuse collection, street lighting, sewerage and similar community services. Communal Services fees are payable to your local municipal authority.

Municipality Tax

As the registered owner of the property, you are required to pay an annual Municipality Tax, calculated on the market value of the property as at 1st of January 1980. Rates vary from 1% – 2%.
Municipality tax is payable to your local municipal authority.

Sewerage Tax

As the registered owner of the property, you are required to pay an annual Sewerage Tax, calculated on the market value of the property as at 1st of January 1980. Rates vary from 3% – 7%.
Sewerage taxes are payable annually to your local sewerage board.

Purchasing property in Cyprus

Purchasing Property

Rights of non-Cypriot Purchasers

When non–Cypriot purchasers purchase immovable property in Cyprus, they have the same rights as Cypriot citizens.

Contract of Sale

The contract of sale signed between the Vendor and the Purchaser binds both parties to perform according to their respective obligations. The seller or one of the sellers who sign the agreement must be the registered owner of the property or the part of the property including the segmentation which is to be sold.

Upon the signing the contract, the purchaser is liable to pay stamp duty (see below), it is advisable for the contract of sale to be registered within 2 months of the contract date at the District Land and Surveys Department in the region where the property is situated.

The deposit fees are payable by the Purchaser, the amount being €50.00.

The purpose is to provide safeguards for the purchaser and creates the so called “right to specific performance” in favour of the purchasers.

By registering the contract of sale with the District Land and Surveys Department, the purchaser is considered as the beneficial owner of the property until the title deed is issued.

Title Deeds

When the title deeds are issued, they are registered in the name of the purchaser and filed in the Registry archives, which are confidential and are not published or made public under any circumstances.

The Sale of Land (Specific Performance Law) Law 81(I)/2011 provides safeguards for sellers and buyers of property – the law requires the sale and purchase agreement to be submitted to the Cyprus Land Registry.

The deposit of the agreement to the Land Registry is considered as an encumbrance on the specific property.

Joint Ownership

If the property is part of a jointly owned property, for example, an apartment, flat or a percentage of land, then an agreement must be entered into between the joint owners which will allow the sale of the property. The joint owners of the communal areas of the property will sign a distribution statement which will be deposited to the District Land Registry, this distribution will be taken into consideration upon the issuance of the title deed. In the event of an issue or non performance arising, after the submission of the agreement an application can be brought before a competent court in Cyprus, the court could issue an order requiring the parties to the agreement to perform their respective obligations under the agreement.

The application to the competent court for the issues of an order for Specific Performance may take several forms, for instance it may be an order requiring the completion of the sale and purchase agreement and/or any clause in the agreement or it may be an order to remove a mortgage attached to the property, subject to the court being satisfied that the debt for which the mortgage is made has been satisfied.

For the avoidance of doubt, immovable property or property includes land, buildings, fixtures, cartels affixed to land, rights and easements attaching to land. The law also provides that the agreement must be made in writing and incorporate the contracting parties details, a description of the property and it must be signed by each party to the agreement.

Contrary to the risks inherent in the purchase of the property in some countries, Cyprus has never been involved in the nationalisation of any sector of the economy or in the expropriation of property owned by non–Cypriots in line with the Cyprus government’s efforts to create a favourable climate for such investments.

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