Bulgarian Property Buyers Guide
The Bulgarian property market currently offers good
investment potential considering the long-term prospects for the country.
Even if your budget is small, real estate in Bulgaria offers considerably better
value for money than in other European destinations.
The majority of people who are buying property in Bulgaria are looking for
holiday/second homes often with a view to retirement in later years although
there are an increasing number of investors who are simply buying property with
a view to making a capital gain in the short or long term. This increasing
interest, along with other factors such as the rise in tourist numbers, better
awareness and EU entry on the cards for 2007 is gradually pushing prices higher.
Although purchasing property in Bulgaria is not too dissimilar from buying
anywhere else (it is just as stressful there as in the UK for example) there are
some differences and we hope we have covered most of the more important points
for you to bear in mind below.
Generalised view of buying property:
Remember to register your new property ownership with the
local authorities after completion for rating purposes. This should be done
within 60 days following completion.
The law on foreigners owning property in Bulgaria
According to the Bulgarian Constitution, foreign individuals can buy buildings
but not land. Therefore the most common method for foreigners buying property in
Bulgaria where they also wish to own the land is to set up a company which then
owns the land and the buildings. The law is expected to change on this within
the short to medium term with the expected entry of Bulgaria into the European
Union (2007). This historic restriction is one of the reasons why property in
Bulgaria is so competitively priced compared to Western and Central Europe.
Current amendments to the constitution will allow citizens of countries with
which Bulgaria has agreements on land sales to buy land in 2007 when the
amendments would come into effect, while EU citizens will have the right to buy
land in 2014. In the meantime a company is still required for land ownership.
If your purchase includes land a Limited Liability Company (OOD) will need to be
formed.
Who can form a Limited Liability Company & how?
A foreign or Bulgarian person (judicial or physical). The company owners will be
liable for the company's obligations to the value of his/hers share in the
company's registered capital. Articles of Incorporation are prepared & signed by
all shareholders.
A company bank account is opened to collect all share capital. The minimum share
capital required is 5,000 leva. Shareholders at time of registration must have
paid up at least one third of their respective shares. It is required that at
least 70% (3,500 leva) of the capital is raised at time of registration. The
company exists from the moment it is added to the Commercial Register of the
district court of where the company will be based. The entry is made upon issue
of a district court decision for the incorporation. The following documents must
be available at the time of the submission of the application to the district
court:
1. Articles of incorporation;
2. Memorandum for appointment of Directors;
3. Proof that each shareholder has paid at least one third of its interest, but
not less than 10 leva;
4. Proof that at least 70 per cent of the registered capital has been paid.
The Bulgarian State Gazette is the official paper within which all Bulgarian
legislation is published. Publication of the company entry in the Commercial
Register does not complete your company formation, it announces to the general
public the act of formation. The process of forming your company can take
anywhere between a few days to a few weeks. Finally, your new company will need
to register immediately with the National Tax Register Authority. The costs
involved are: 3,500 leva = 70% share capital.
Administrative costs (payable to the state & registration court) are 250 leva (just
over ?70). This is the minimum capital that you need to raise for registration.
Once the entire share capital has been paid up these funds can be accessed and
withdrawn. Allow betwen EUR 500 - 700 for charges relating to the formation and
registration of your company.
Real Estate Tax Summary
Apart from corporate tax, no other direct taxes are levied on the transfer of
real property. The transfer is however subject to notary and municipal fees. The
notary fees are paid on the higher of the market price or the book value of the
property at varying rates, with the maximum being BGN 3,500. In addition, 2% of
the market value of the property is paid to the municipality in which the
property is situated upon completion. This is a little like the UK equivalent of
Stamp Duty.
Local taxes and rates
The owner of a building or a plot is obliged to pay a property tax. Where a
building is built on a State or municipal plot, the value of the plot will also
be included in the tax base. The tax is equal to 0.15% of the book value of the
property. Arable land is exempt from local taxes. In addition to the property
tax, owners also pay waste-collection fees. These fees are determined when you
register your ownership with the municipality, which should be done within 60
days of completion. Small fines are levied where this registration is done after
60 days.
Value Added Tax
Transactions with land and lease of property for residential purposes are exempt
from VAT (Value Added Tax), all other real estate transactions are subject to
VAT at the uniform rate of 20% assuming that the seller is VAT registered. The
buyer is entitled to a VAT refund, provided that it is registered for VAT
purposes.
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