Legal advice on buying a Bulgarian property
Legal and Property Taxes
Bulgaria is a politically stable country, and the introduction of a currency
board in 1997 stabilized the country's economy. However, as is the case
elsewhere in Central and Eastern Europe, legislation, including that governing
real estate, is volatile and subject to frequent change.
A foreign investor can invest in properties in Bulgaria either directly or
through a local entity. Only Bulgarian-resident individuals and entities can
acquire title to land, while non-residents may acquire only buildings and
limited rights (e.g., leasehold and construction rights) to land. In some
limited cases, acquisition of immovable property by non-residents requires prior
permission of the Ministry of Finance.
Foreign investors are guaranteed full repatriation of profits resulting from an
investment in Bulgaria. The transfer abroad can be made only after the bank
effecting the transfer is presented a certificate proving payment of all
Bulgarian taxes due.
Bulgaria has one of the most liberal foreign investment laws in the region.
Foreign investment typically assumes one of the following forms: establishing a
joint venture with existing companies, state-owned or private; acquiring a
company through privatization; setting up a new (green field) venture; or making
a portfolio investment. Portfolio investment has been minimal given the relative
lack of development and inefficiencies of the capital markets.
The most common type of organization for foreign investors is a limited
liability company. Other forms are companies limited by shares (joint stock
companies), joint enterprises, business associations, general partnerships,
limited partnerships, and sole proprietorships.
The law does not limit the extent or amount of foreign participation in
companies. Foreign companies have the right to open deposit accounts in hard
currency and Bulgarian leva.
Property Taxes:
Transfer taxes
The transfer is 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, specified in a special chart. In addition, 2% of the market value of the
property is paid to the municipality where the real property is located.
Value Added Tax
Transactions with land and lease of property for residential purposes are exempt
from Value Added Tax (VAT). All other real estate transactions are subject to
VAT at the uniform rate of 20%. The buyer/lessee is entitled to a VAT refund,
provided that it is registered for VAT purposes.
For more info
If you have any question feel free to contact our Client Relations Manger
Asya Merodiyska.
E-mail: asya@bulrex.com
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