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Posted on December 10, 2018 by Marcus Sohlberg in Country Guides Steps when buying land in the Philippines
Having a plot of land is a preferable choice for people who plan to stay long term in the
Do you plan to buy property in The Philippines? Philippines. Might they buy or build a new house. Also, novice investors sometimes target land
Philippines has become a prime destination when investors buy real estate in Asia. plots as these can increase exponentially in value.
If you plan to buy land, you should pay attention to following:
It’s not strange as it has low living costs, cheap real estate, a number of long-term visa options,
The best land to acquire is titled property
a quickly growing economy, and promising demographics. Yes, it almost sounds a bit
overwhelming. You need to present verified documents like a tax declaration, a tax map, and, a certified
copy of the title to the relevant authorities. There should be no encumbrances and liens at
Still, buying real estate is one of the biggest decisions people make and always come with the back of the title. This should be confirmed with the help of a solicitor
some risks. This is especially the case for developing countries where laws can be fuzzy and If there’s an encumbrance, like existing mortgages or similar, make sure that it’s cancelled
change fast. or released before signing the contracts
In case you decide to make a spot cash payment, you need to provide a Deed of Absolute
Thus, it’s important that you have a good knowledge about local regulations beforehand. Sale and Acknowledgement Receipt in front of a notary public
In this article, you’ll learn about foreign property ownership regulations, property taxes, visa If you agree to make payments in instalments, you and the seller should sign a Contract
options, and which places that should be of interest when you buy real estate in the Philippines. to Sell and an Acknowledgement of Receipt. Your lawyer might also provide additional
documents
When the contract and documents are finalized, the Bureau of Internal Revenue will
Can foreigners buy property in the Philippines? process the documents for payment of taxes, after, a Certificate Authorizing Registration
Philippines has many similarities to other Southeast Asian countries in terms of foreign property
(CAR) is issued
ownership regulations. You can buy and own everything from condos, apartments, and houses,
but not the land that these structures are built on. Therefore, foreigners prefer to buy condos as When the process is completed, transfer taxes will be paid at the City Assessor’s Office
the buying process is more swift and the units often newly built. and Registry of Deeds
When you’ve paid the taxes, the Registry of Deeds issue the new title in your name. This
It’s not rare that Chinese investors snap up 30 units at a time. is referred to as the Transfer Certificate of Title when buying land, when buying a condo,
There are other reasons why foreigners are so enticed to buy condos. These often come with it’s referred to as a Condominium Certificate of Title
24/7 security, swimming pools, tennis courts, gyms, and BBQ areas, which give are more
luxurious feeling. It’s the preferred option for expats, or investors who wish to reside in their
units a couple of weeks every year. Leasing land in the Philippines
Just keep in mind that foreigners can’t buy more than 40% of the units in a condominium project, In case you want a more hassle free process when buying a house, a more common option is
or in an apartment block, as stated in the Condominium Act. to lease the land, which is 100% legal.
According to the Investor’s Lease Act, foreigners can lease land for an initial period of 50 years
and with an option of renewal of 25 years.
How to buy land in the Philippines
So, foreigners can’t own land in most Asian countries. You’ll not only stumble upon this issue
in the Philippines, but in places like Thailand, Cambodia, and Vietnam. Getting a mortgage as a foreigner in the Philippines
If you need a house loan, you should contact a handful of banks earliest possible, letting them
But there are ways to get around this and to indirectly own, or should I say, control land. do a background check. This is needed before they can issue a so called In-Principle Approval
Here, opening a company to buy real estate is a popular option. (IPA).
The same as it goes with condominium projects, Filipinos need to own at least 60% of the During this time, the banks check your visa type, financial situation, age, employment, credit
shares in a company. history, and more, to confirm that you’re eligible of receiving one of their loan packages.
Previously, it was very difficult for foreigners to get property loans in the Philippines, but the
This results in a process where you need to deal with contractual setups where you appoint regulations have relaxed a bit over the years.
yourself as a director, give yourself majority voting rights, and use different share classes. Unfortunately, many local banks still require that you have a visa, other than a tourist visa.
Some of the most common are the SRRV (Special Resident Retiree Visa) or simply a work
Also, there must be at least 5 members of your company and the government’s Board of visa.
Investment (BOI) should give you permission to buy, sell, or act as an intermediary in real estate Being a permanent resident will increase your chances to get a loan significantly.
transactions.
As a part of the process, you also need to hire a lawyer and an accountant, which probably
doesn’t come as a surprise.
How long time have you served in this business?
Banks offering house loans How many client cases have you handled?
Some of the biggest banks you should contact include: Do you have any testimonials from foreign clients?
BDO UniBank, Metrobank, BPI Bank, Chinabank Will you charge me any additional fees that I’m currently not aware about?
What will you help me with during the buying process?
HSBC is not as big as these banks in the Philippines, but might still be able to offer you a loan. Will you handle all the communication with the seller’s side?
As mentioned, contact a handful of banks and see what options they have, and if you meet the Simply add questions for a more thorough background check.
loan requirements.
Real estate agents in the Philippines Investment and retirement visas in the Philippines
It’s not always easy to navigate and find a property that suits your needs in a foreign country. Philippines is one of a few Asian countries that offer different long-term visas.
A local real estate agent can help you to reduce hurdles as they have a good knowledge about You can find everything from retirement visas, investment visas, medical care visas, and more.
local regulations and the areas you’re interested in. Below I’ve summarized some of the most popular visas, including a brief introduction and the
For example, they can tell you what prices properties have been sold for recently, which areas conditions you need to meet for each type.
that have high vacancy rates, and where prices are predicted to grow the most.
Of course you can do some research on your own, but I highly recommend to hire a credible SRRV – The retirement visa
agent to help you throughout the process. The SRRV (Special Resident Retiree’s Visa) is a preferred visa thanks to the low requirements
Some of the most popular agents in Manila include: that apply. Ironically, you only need to be 35 years old to qualify for this retirement visa, with
RE/MAX Philippines some minor investments on top of that.
Top Realty The visa has five different categories, namely: SRRV Smile, SRRV Classic, SRRV Human
Phil. Property Expert touch, SRRV Courtesy, and SRRV Expanded Courtesy.
The two most interesting here are SRRV Smile and SRRV Classic.
Colliers International Philippines
With SRRV Smile, you only need to meet two criteria: Be 35 years old or above and deposit
KMC MAG Group (KMC Savills, Inc.) USD 20,000 in a local bank account. It almost sounds too good to be true, doesn’t it?
The SRRV Classic, on the other hand, has the same age restriction, but with the option to invest
Commission rates for agents and brokers USD 50,000 in a condominium unit, or to use the money for a long-term lease.
Broker’s charge between 3-6% of the sales value, while the rate for agents is 2-3%. The cost to apply is USD 1400, while you need to add USD 300 for each dependent, if you plan
Cheaper properties will have a higher rate to assure that the broker or agent earns “sufficient” to bring your family over.
money.
SIRV – The investment visa
Hiring a solicitor when buying property Unfortunately, you’re not allowed to buy real estate to get the SIRV visa. Instead, you need to
invest at least USD 75,000 into a new or existing local company.
You should try to find a reputable solicitor earliest possible to guide you through the buying
The same as it goes with the SRRV, you can include dependents such as your wife or your
process, and to handle the paperwork when finalizing the sales contracts.
children when applying for the visa.
Fortunately, the cost to hire a solicitor is low compared to places like Singaporeand the US.
But, you also face a higher risk to come across people that aren’t credible.
First of all, you can check for solicitors online. You can also check on social forums, government Property taxes in the Philippines
websites, and contact your embassy, that might help you. Tax rates can change fast and it’s important that you’re up to date with the latest information.
The UK government has made a list of list of English speaking Solicitors, which can be useful. As late as December 2018, President Duterte signed the Tax Reform for Acceleration and
Not to forget, the State Office of Court Administration can provide information about your Inclusion (TRAIN) Act, which aims to make Philippines’ tax system more efficient, fair, and
solicitor’s background, experience, and whether the firm is authorized to help you. clear.
You’ll notice whether the solicitor seems reasonable or not, just by checking their website. Send The new policies issued under TRAIN mainly benefit people in the low- and middle class. Real
them an email and see if they reply timely. If the solicitor suddenly stops replying you or is hard estate taxes are affected by the new policies as well.
to reach, it’s a bad sign. Let’s have a look at the latest tax rates that apply when buying, holding, or selling property.
The round trip transaction costs include all costs of buying and then re-selling a
property - lawyers' fees, notaries' fees, registration fees, taxes, agents' fees, etc.
Notary Fee: Notary fees are generally around 1% to 2% of the property value.
Notary fees are negotiable.
Local Transfer Tax: Local transfer tax is 0.50% for properties located in
provinces, and 0.75% for properties located in cities and municipalities in
Manila.
Documentary Stamp Tax: Documentary stamp tax is around 1.5% and it is levied on
the selling price or fair market value of the property, whichever higher.
Capital Gains Tax: Capital gains tax is really a transaction tax on selling or transferring
real estate properties classified as capital assets. The capital gains tax is levied at 6% of
the gross selling price or fair market value of the property, whichever is higher. For
taxation purposes, properties are treated as capital assets if it is not used in trade or
business, and properties are treated as ordinary assets if it is used in trade or business,
such as rental property. Ordinary assets are not subject to the 6% Capital Gains Tax.
Real Estate Agent's Fee: The real estate agent's fee is generally around 3% to 5% of
the property value. Real estate agents will usually do the registration process without
any additional payments aside from the commission.