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Four years ago, as the house price boom continued in
many countries across the world, we asked whether the
laws of economics had been repealed. Now, we can see that
they remain as true as ever. The air leaked rapidly from
the global housing bubble. Beginning with the US, as has
been demonstrated time and again with deflating asset
bubbles, a wave of price falls spread around the world,
attacking in turn each of the countries which had seen
particularly aggressive house price rises.
But it was over surprisingly quickly in many countries.
Figures for 2009 showed double digit price rises in Hong
Kong, Taiwan, Israel and Australia, with increases between
5% and 10% in China, Norway, Sweden and Finland, and smaller
gains in the UK, France, Switzerland, Singapore and Japan.
However, prices continued to fall in 2009 overall in
the beknighted US, in South Africa, South Korea, Germany,
Spain and Denmark, while Ireland reeled under a further
10% loss, and the damage continued to pile up in Dubai
and the UAE in general.
2010 didn't show any clearer overall pattern. According
to Global Property Guide, only 15 countries experienced
house price increases, while 21 countries had house price
reductions. 18 housing markets performed better in 2010
than the previous year, while 16 countries performed worse.
The data did, however, reveal certain geographical trends.
In the United States, prices fell further in 2010 than
in the previous year, by 5.3%, according to the seasonally-adjusted
Case-Shiller index. Housing markets in Eastern Europe
also fell, although at a slower rate than in 2009. The
Baltic states bucked the Eastern European trend by recovering
strongly in 2010, but much of the steam seems to have
come out of this rebound in 2011. Prices continued to
rise in some Asian territories and housing markets in
Singapore (+13.60%), Taiwan (+9.70%), Japan (+5.71%),
Thailand (+2.92%) and Philippines (+0.19%) recorded price
increases during 2010, supported by strong economic expansion
and all-time low interest rates. Shanghai, China, on the
other hand, experienced a slight fall of 1.95%.
Latvia was the best performer in Europe during 2010,
which saw standard-type apartments in Riga rising by 19.09%.
The Latvian property market began recovering in Q4 2009,
and by Q3 2010 apartment prices had risen a surprising
24.73% year-on-year. Ireland on the other hand suffered
the worst price decline of all countries surveyed. In
2010, average house prices in Ireland fell by 11.60% to
EUR191,776, compared to 2009’s price-decline of
13.51%. Germany surprised many analysts by posting a 1.55%
house price increase in 2010, buoyed by its strong economic
recovery, but France and Switzerland saw meagre house
price increases of 0.8% and 0.33%, respectively.
The picture for 2011 looks rather similar, although Global
Property Guide's first quarter global real estate report
suggests that house prices are falling in more countries
than they are rising. This research shows that out of
35 countries with reliable house price data, prices fell
in 21 and rose in 14. Asia and Latin America continue
to be the regions were housing markets are relatively
strong. Europe, however, remains very much a mixed picture,
while the downtrend in the United States continues - US
Federal Housing Finance Agency (FHFA) data released on
May 25 showed that US house prices were 2.5% lower in
Q1 2011 than in the same period in 2010, the largest decline
since 2008. US house prices were standing at just under
20% below their April 2007 peak, the FHFA said.
With such a disparate picture, there are no overall guidelines
to follow at present; each market has probably got to
be looked at on its own merits.
Absent global trends (which we have had for the last
ten years at least) there is no demonstrable direct relationship
between house prices in the USA, UK, Spain, Dubai or Australia
for example and prices in some of the countries that we
look at later in this report. It was the impact of global
wealth and global 'feel good' sentiment which drove the
upward spiral of real estate prices during the 15-year
long boom that ended in 2008, and it was then their absence
that drove the downward spiral. Look more closely, though,
which is what any aspiring real estate investor must do,
and local circumstances can be seen to have had a major
impact on the extent of the boom, and then the extent
of the bust.
It cannot be denied that the latest boom in house prices
has been unprecedented in both its extent and international
synchronicity, enduring even through a brief period of
economic recession in the United States. From 1997 to
2005, house prices escalated by 154% in the United Kingdom,
192% in Ireland, 145% in Spain, 114% in Australia and
a stunning 244% in South Africa. Even in the United States,
which for years consistently denied the existence of a
national housing market or the growing danger of a real
estate bubble, prices rose by 73% in the same period –
a boom unparalleled at any time since the end of the Second
World War. Only in Hong Kong among major jurisdictions
did prices fall in that period, by 43%, a testament to
the importance of local market factors, although they
more or less went sideways in Germany.
Despite constant warnings that the enduring boom was
unsustainable, and that allowing it to continue was increasing
the chances of catastrophic collapse, politicians paid
no attention (they never pay attention to anything except
opinion polls and the next election) and allowed the toxic
mess that was the sub-prime mortgage market to reach unsustainable
proportions. People will be talking about whose fault
it was for decades to come, but that is not the purpose
of this report, which is simply to try to gauge the prospects
for the market in the years ahead of us.
It is history now, of course, that the boom did come
to an end in fairly sensational fashion during 2007 and
2008, with horrid consequences for the global economy
and the banking sector. Signs of impending disaster were
there to see in the US market as early as 2005. The 12-month
rate of house-price inflation slowed to 12% in the third
quarter of 2005, from 14% in the second. Prices of new
homes, however, rose by only 1% in the year to October
2005, down from 16% in early 2004. A glut of new building
was forcing developers to cut prices. The best signal
of a further slowdown to come was the increase in the
stock of unsold homes. The number of existing homes on
the market was equivalent to 4.9 months' sales in October
of that year, up from 3.8 months' sales in January. The
British and Australian markets also showed considerable
signs of strain in 2005, although prices didn't actually
start to fall until 2006. In the third quarter of 2006,
house prices fell in Melbourne, Brisbane, Hobart and Canberra.
Nationally, Australian average prices increased by only
1% in the year to the third quarter. In real terms, they
fell. House-price inflation also eased in France, Spain,
Italy and Ireland.
A 2006 report on the rich world's housing markets by
the OECD concluded that Australia had the most over-valued
housing market, with prices 52% above their “correct”
level. Next in line was Britain, where prices were 33%
overvalued. To judge the fair value of homes, the OECD
used the ratio of prices to rents, which is a sort of
price-earnings ratio for housing. If prices are too high
relative to rents, potential buyers will rent not buy,
eventually pushing down real prices. In Australia this
ratio was 70% above its average level over the period
since 1970.
US house prices fell by 14.2% in 2008, and by around
3% in 2009. Although there are regional variations, the
trend is still downwards, and more than 20% of US homeowners
are reported to have negative equity.
The drop in average house prices since the peak is greater
than 20% in the UK. Many commentators are prepared to
say that in the really over-bought markets such as the
UK, the eventual fall may be as great as 30% (indeed,
in Ireland the drop has been about 40%).
Rising prices in 2010 in the UK seemed to contradict
this; but it is probably a case of the rich London market
masking a weaker picture elsewhere. Exceptionally low
interest rates are also helping to prop up the UK market,
and the Rightmove House Price Index for May 2011 revealed
that average asking prices for new properties coming to
the market saw a 1.3% increase over the month. Overall,
however, the trend seems to be downward, with Land Registry
statistics suggesting a 2.3% fall in UK house prices in
the year to March 2011. And interest rates won't stay
so low for ever.
Of course there is a moment at which the cycle will reverse
itself, and that is when you should buy. Unfortunately
we can't tell you when that moment will be, but if you
were to put together a compilation of the views of all
the experts - and no field has so many! - you might find
that the bottom-most point will be reached in 2011.
That's about what happened last time, between 1989 and
1993 in the UK housing market. From the first serious
signs of real trouble in 1988, it was five years before
the market started to recover. And then it didn't look
back for 15 years. If you count the beginning of the current
storm as being in 2006, then 2011 would be the start of
the recovery. As we have seen however, at the time of
writing, the signals are definitely mixed.
Many people may feel that this is no time to make house-buying
decision. Are they right? No-one should try to offer definite
answers to such questions; but in this special feature
we will try to outline some of the facts, factors and
trends which a purchaser (or a seller) ought to take into
account before making a momentous decision which may affect
financial well-being for decades to come.
There are some factors which may have been responsible
for extending and deepening the asset price bubble, and
may act to limit the duration of the bust - for instance
the simply huge and constantly growing accumulations of
capital which are making people richer (at least in developed
countries). Richer people can pay higher prices, and housing
is in limited supply, especially in desirable neighbourhoods.
In addition, most countries limit supply with zoning or
planning laws. This latter factor is unlikely to change:
as ever more land is covered with buildings, the pressure
from environmentalists to preserve what is left will even
tend to lead to more restrictions on new building. On
the other hand, the weight of money argument is largely
circular: much of people's assets is in the form of houses
and financial investments, and in a bust situation their
value goes down along with the ability of their owners
to pay for them, so that there is a vicious downward spiral
to contrast with the virtuous circle which had been pushing
up valuations for 10 years at least prior to 2005.
In an attempt to understand why the housing market proved
so resilient in 2005 and 2006, we must examine the economic
fundamentals that underpin the global market.
The long-term upward trend of the last 20 years was fuelled
to some extent by a sustained period of low interest rates.
Between 1990 and 2004, the average base interest rate
in the United States and its twelve main trading partners
fell from 13% to 4.4%. This was of particular significance
in the housing markets of Ireland and Spain which had
to accept a sharp drop in interest rates after entering
the European Monetary Union. Coupled with the growing
availability of credit and rising real incomes in most
industrialised countries over the last decade, plenty
of fuel was thus provided to power demand in the housing
market across most of the developed world.
But just as low interest rates helped to sustain house
price growth, you would have expected that the continued
trend towards higher interest rates in 2005 and 2007 in
most countries, certainly including the US and the EU
should have quelled the demand for credit and take much
of the steam out of the housing market. If this is what
finally caused the bust, the effect was very delayed;
and interest rates have now rapidly sunk again to levels
not seen for half a century or more.
It may be that the impact of higher interest rates was
mitigated in some markets due to country specific factors
such as the type of mortgage loans buyers hold. These
can vary widely from country to country. For instance,
in the United States most mortgages are fixed over 30
years, meaning home buyers and the housing market should
theoretically be less sensitive to rate hikes. In some
other countries, such as the UK, mortgage rates are rarely
fixed for such a long term, and tend to float up and down
with the prevailing interest rate. In the UK, it is therefore
all the more surprising that higher interest rates did
not brake demand for lending, triggering a sharper decline
in the housing market as witnessed in the late 1980s and
early 1990s.
In fact, after several years in which reality stubbornly
refused to come into line with the theory, not all agreed
that a nasty shock was in store for home owners. Alan
Greenspan's successor Ben Bernanke argued that from a
US perspective the real estate market tends to be highly
localised, and does not suffer from the same irrational
exuberance as in the UK or Australia for example. To an
extent, this is true. As of March 2004, ratios of incomes
to house prices in Mid-Western states such as Illinois,
Wisconsin and Kentucky ranged from 2.4 to 1 to 2.9 to
1, whereas in California the ratios were nearer 8.5 to
1 (meaning the average house price is 8.5 times higher
than the average income of a Californian household). Nevertheless,
research highlighted evidence of property market bubbles
in 27 metropolitan areas, mainly in California and in
the North East, covering 20% of the total population.
According to some economists, the boom had no basis at
all in economic fundamentals, and was being driven purely
by a similar “irrational exuberance” to that which characterised
the stock market bubble in the late 1990s. In other words,
houses were being viewed increasingly by people as a short-term
money-making vehicle rather than a mere a dwelling or
long-term asset to bequeath the next generation. Evidence
of speculative activity was certainly displayed in the
United States, where turnover in existing homes reached
a record 9% in 2004 as buyers and sellers in particular
hotspots cashed in on spiralling prices. This bull market
mentality meant that the boom in house prices was almost
self sustaining and occurred independently of other factors
such as interest rates and rising incomes.
In fact, the accusation can be levelled at the guardians
of US economic policy that the housing market boom was
encouraged to help the American economy weather a period
of relative weakness. In each of the five years between
2002 and 2007, roughly one-third of all US home owners
refinanced against the rising value of their homes, helping
to unlock some $2 trillion in cash, the lion’s share
of which was spent on big ticket consumer goods, acting
as a useful prop for the US economy.
Well, if the US authorities hoped for a soft landing,
they had failed to take account of the hysterical behaviour
of capital markets dining out on toxic mortgage debt,
and they are now paying the price for their misplaced
optimism, along with millions of dispossessed home-owners.
In view of all these conflicting factors, it would be
a brave person who would call the housing market in any
of the mainstream economies at this juncture, and that
of course is why the markets are paralyzed. No-one wants
to buy when prices are quite likely to go lower, and no-one
wants to sell at the prices that are on offer.
But many people, particularly expatriates, are not looking
to buy or sell in the mainstream markets; instead they
are interested in one of a range of offshore or emerging
jurisdictions which to a greater or lesser extent are
decoupled from the market in the bigger economies, and
reports suggest that property remains a core part of the
high-net-worth investor's portfolio.
The 2011 edition of The Wealth Report by Knight Frank
and Citi Private Bank shows that, on average, property
accounts for 35% of UHNWI investment portfolios, second
in importance only to investing in their own businesses.
Almost 40% of the 85 prime city and second-home locations
in 40 countries that were analysed by the report’s
Prime International Index (Piri) rose in value during
2010, 17 of them by 10% or more. A number of locations,
however, saw values fall significantly. These include
Dublin (-25%) and Dubai (-10%).
Six of the 10 biggest risers were in Asia, highlighting
the region’s continuing economic surge, but established
centres such as London and New York also performed strongly.
According to the report’s unique Attitudes Survey,
lifestyle and investment are the key drivers for luxury
second-home purchases, but education is of growing importance,
especially among Asian UHNWIs. For those UHNWIs who change
their main country of residence, tax is the biggest motivator.
New York and London remain at the head of The Wealth
Report’s Global Cities Index, but respondents to
the Attitudes Survey predict that Asian cities such as
Shanghai and Mumbai will start to close the gap over the
next 10 years. Luxury property price growth was highest
in Shanghai with a 21% rise. London and New York saw increases
of 10% and 13% respectively.
"The collective worth of the global HNWI community
increased by 22% last year, according to data in the 2011
Wealth Report, so it is not surprising that many of the
world’s luxury property markets benefitted. The
biggest increase in wealth was in Asia Pacific (+35%)
and that is where we also recorded the biggest increases
in property prices," said Andrew Shirley, editor
of The Wealth Report.
"However, it is not just wealth creation that is
ensuring that the international prime property market
contains players from more countries than ever before.
As we have seen recently in North Africa and the Middle
East, a number of major geopolitical shifts are now playing
out around the world. These all serve to enhance the desirability
of true global centres, like London and New York,"
Shirley added.
Nevertheless, when it comes to the impact of politics
on the global investment environment, 2011 has so far
proved to be the "year of living dangerously"
says Tina Fordham, Senior Political Analyst, Citi Private
Bank.
"51% of the individuals surveyed for this report
said they were 'more concerned' about global political
instability than in the past five years while 55% are
more worried about the state of the global economy than
five years ago," Fordham observed.
“Events since then have strengthened our view,
and perhaps signal the dawn of a new era, with political
risk returning to the fore in both developed and emerging
markets. In order to make sense of these developments,
investors will need to be aware of this year's signposts
and key risks, raising their political IQ," she added.
A Round-Up Of Some Other Real Estate Markets
While high property values in larger economies such as
the US and the UK are inevitably linked to some extent
to the business cycle, prices in small, rich offshore
islands such as Bermuda and Jersey seem to thrive regardless
of external conditions, no doubt driven by strong demand
for a very limited supply.
The UK's Channel Islands offer a good example. In March,
2007, housing specialist Skipton reported that average
house prices had moved forward in both Jersey and Guernsey,
with prices in Guernsey 11% higher than at the end of
2005, whilst in Jersey, the rise was a healthy but more
modest 6.5% against the previous year.
By the end of 2007, average prices in Guernsey stood
at GBP330,000 in the local market. In the spring of 2009
there was no doubt that the market had weakened, with
average sale prices down by 11% over the previous year.
Still, the fall was entirely due to apartment values -
house prices had not budged at all. The average cost of
a home at the end of March, 2009, stood at GBP289,250,
a 15.4% decline since the start of 2009. For the year
as a whole, prices slipped by a mere 3.6% year-on-year.
In the 12 months since the end of March 2010 prices stood
some GBP6,500, or approximately 3% higher at GBP370,500,
according to data released in May 2011 by the Guernsey
States.
Going forward, the States have announced a change in
the method of calculating average prices which will in
future will be known as “mix adjusted” and
include fixtures and fittings sold with a property. At
the same time, the basic method of calculating the average
property price has been amended to reflect more accurately
the mix of housing sold. The net effect of these two changes
has been to increase the new mix adjusted price description
by a little over 10%. Using this new measure, average
prices at the end of Q1 stood at GBP424,714, up around
GBP13,500 or 5.7% on their position at the end of 2010,
using the new methodology.
Local market transaction volumes had declined slightly
from their position at the end of December 2010 but stood
marginally higher than at the same time last year at 165
for the quarter.
Within this, demand for the critically important two
and three bed house moved ahead to represent 15% and 14%
of transactions respectively, up from 6% and 13% of the
total at the end of December 2010.
Commenting on the latest Guernsey housing data, Nigel
Pascoe, Director of Lending for Skipton International,
the Guernsey and Jersey mortgage specialists said: “This
quarter, the change in methodology introduced by The States
of Guernsey for the calculation of prices has muddied
the picture slightly, but overall, the market remains
solid and on any measure, is ahead in both value and volume
terms compared to the position at the end of March 2010.”
Malta
Property prices in Malta have risen sharply in recent
years, partly spurred on by Malta joining the EU in 2004,
with one estimate showing a 40% rise in between 2004 and
2006. But in 2007 sentiment reversed, and the year actually
saw a 5% fall in average sale prices; although a reported
3% fall in 2008 seems almost neither here nor there.
The market was effectively flat in 2009, with prices
making back ground they had lost in the second half of
the year. No clear trend emerged in 2010; Malta’s
overall house price index actually dropped by 1.02% over
the year to Q3 2010, when adjusted for inflation, but
the nominal index rose 1.53%. There were also wide variations
in different sectors of the market. Terraced houses for
example fell in value by more than 6.5% in the year to
the end of Q3, 2010, but apartments saw a 3.4% rise over
the same period.
The Malta government is expected to allow developers
to utilise more land for building, but some property companies
see this as a negative rather than a positive move.
"Malta is an island with a finite amount of land, and
while the Malta government view releasing more land for
building, and more properties as the answer to increasing
property prices, we believe this is the wrong approach",
says a spokesman for Tribune Property, "and in the end
more developments could have an adverse impact on Malta's
economy."
"Tourism is an important industry for Malta, and tourists
aren't impressed by cranes and construction work while
they're trying to relax or go to see Malta's historical
sights, and if it's a first visit to the island there's
an increased chance that it will be their last, losing
the Malta holidays industry repeat business," the company
added.
While Malta's economy expanded in 2010, and tourist numbers
are once again increasing, the outlook for the property
market remains uncertain for investors in 2011, with supply
outstripping demand and rental yields low.
Ireland
In Ireland, prices more than doubled between 2000 and
2006, but 2007 finally saw signs of some softening in
the market. A monthly house price index said in May that
the average home cost EUR306,619 in April, down slightly
on the previous September, although still up 5% year on
year.
Early 2008 saw minor falls in average prices in most
Irish districts, and in the 12 months to March, 2009,
falls averaged 10%, continuing at that rate for the rest
of the year. The first quarter of 2010 saw a further fall
of about 3.5%, taking the overall collapse in price levels
to around 30%.
Between 2000 and 2007, prices had risen by about 10%
per year on average, prompting a warning from the International
Monetary Fund that the Irish housing markets risked becoming
"overvalued".
In August, 2006, Irish Minister for Housing and Urban
Renewal, Noel Ahern, had called upon the government to
introduce measures to curb speculation in the country's
property market.
Commenting on the release by his government department
of new house completion figures for the first seven months
of the year, Ahern urged Finance Minister Brian Cowen
to consider the issue of Ireland's runaway property market
when he presented his 2007 Budget.
However, Minister Ahern made it clear that tough measures
should be directed towards investors who snap up property
prior to completion with the sole intent of keeping it
off the market until its value increases.
“The person that I wish I could get rid of is the individual,
company or whatever who is just buying off-the-plans and
off-loading it in 18 months’ time,” Mr Ahern said in a
report by the Irish Examiner.
In fact the budget focused mainly on easing entry to
the overpriced housing market, doubling the level of mortgage
interest relief. Buyers suckered in by this piece of government
legerdemain must now have harsh words for their rulers.
The painful economic austerity measures inflicted on
Ireland as a condition of its EUR85bn EU/IMF bailout in
2010 means that the country is now locked into a vicious
circle of rising unemployment and falling wages and as
a consequence foreclosures are on the increase. The Irish
property market is now in freefall, with prices having
fallen by almost 40% below their EUR310,831 peak at the
end of 2006, according to the Permanent TSB/ ESRI house
price index. This does present the opportunity for international
investors to snap up some bargains, but Ireland's economy
is far from out of the woods yet, and it would be a brave
investor who called the bottom of this market!
Monaco
As might perhaps be expected, in property terms Monaco
has more in common with small markets such as Jersey and
Guernsey rather than larger markets. That's to say, it
is wealth-driven rather than income-driven. At present,
property prices remain high all across the Principality,
and apartments in the district of Fontvielle, much of
which is also reclaimed land, equal those in the city
of Monte Carlo.
Expect to pay upwards of EUR1.5m for a small one bedroom
or studio apartment, rising to about EUR15m or more for
a three bedroom apartment or house. But don't expect to
get a parking space with that! Naturally, the best properties
are out of reach to all but the wealthiest of oligarchs
and property moguls, at anywhere in the region of EUR50m
or more. You might even get a parking space with that!
Monaco is also a deeply unattractive market for investors
intending to let their properties, with yields running
about 1.5%. But then there is not much of a rental market
to speak of, the super rich choosing to buy in order to
establish a permanent presence in this tax haven rather
than rent on a temporary basis.
However, and perhaps helpfully for values, the new island
development which was announced recently has been put
on hold due to the economic situation. Tribune Properties,
which specialises in Monaco property, had anyway expressed
doubt that prices would ease as a result of the new development.
"By the time the development is finished prices would
probably have gone up in Monaco anyway, and this new development
on the housing side is likely to be aiming for quality
rather than quantity," the company stated. "It's almost
certain that the properties will be snapped up by investors
off-plan, and then come back to the market with a premium
once the buildings are complete. The development in itself
will attract more attention to the Monaco property market."
"In the short and medium term prices are likely to rise
in Monaco rather than fall," Tribune has predicted.
In February, 2007, Monaco overtook London as the most
expensive location to buy flats and apartments in Europe,
according to the Global Property Guide.
Monaco's prices are being driven higher as growing demand
from a flock of foreign millionaires, particularly from
the United Kingdom, seek out its unique benefits as one
of lowest of the low-tax jurisdictions in the world, while
being only a couple of hours flying time from London.
Add in the constraints of Monaco's size at not much more
than 1km square, or 485 acres, and it is hardly surprising
that property prices have gone through the roof in recent
years.
China
As elsewhere, China's largest cities saw dramatic increases
in property prices in 2006 and 2007. In Beijing, prices
rose 14.8% in the first three months of 2006 - compared
to a year earlier - to RMB6,885, or USD860, per square
meter, according to the city government. Prices in the
southern city of Shenzhen rose by 25%, and prices in the
north-eastern city of Dalian jumped by more than 10%,
government data showed. Average property prices rose more
than 10% in 2007, and continued on upwards in 2008.
Chinese Premier Wen Jiabao has stated that the government
will continue to adjust tax, credit and land policies
to curb speculation and ensure an adequate supply of affordable
housing for low and middle income citizens, despite his
assertion that China's property market is "under control".
New regulations require that foreigners seeking to buy
homes in China are not permitted to do so until they have
resided in the country for at least twelve months. This
restriction will not apply to Chinese nationals living
in Hong Kong, Macao and Taiwan who buy houses for their
own use. Furthermore, individuals and institutions are
required under the new regulations to set up a company
to purchase property that is not intended for their own
use. The regulations also impose capital restrictions
on foreign real-estate developers.
The Chinese government tried a variety of tax, regulatory
and monetary measures in order to avert a real estate
market bubble, including the imposition of a 20% capital
gains tax on the sale of properties in most parts of Shanghai,
but the measures seemed at first to have had little effect.
By early 2009, however, the market was looking weaker.
China's house prices dropped 0.4% in January from a year
earlier, the first decline on record since 2005, as slowing
economic growth amid the global recession deterred home
buyers. The fall in prices across 70 major cities followed
a 0.5% gain in November, the National Development and
Reform Commission said.
China's State Council said it would avert drastic declines
in property prices by building more homes for low-income
families and controlling excessive gains in land prices.
There are also plans to introduce real estate investment
trusts, or REITs, to revitalize construction projects
delayed by financing woes, said Qi Ji, vice minister of
housing.
It need not have worried: in early 2010, the Chinese
Ministry of Finance published statistics on land transfer
payments in 2009 which show that revenues, at RMB1.424
trillion (USD208.5bn), were up 43.2% in the year; this
fee income is the mainstay of revenues for local government
in China. Land transfer fees and administrative charges
make up almost half the cost of a house, making local
government a major beneficiary of China's real estate
market boom. About two thirds of the income originated
in the booming coastal provinces. Land acquisition and
compensation for demolition accounted for 40.4% of the
total, while urban construction and land development was
27.1% and 10.7% respectively.
The fees fell by 19.7% in the first half of 2009, the
low point of the economic crisis, only to rise by 110.9%
in the second half, a sign that fiscal stimulus measures
were feeding the property boom. House prices in Beijing
almost doubled in 2009.
In response to increasing unrest at the overheating of
the property market, a statement was issued after the
conclusion of an executive meeting of the State Council
chaired by premier Wen Jiabao, in which it was stated
that the Chinese government had raised the down payment
required from second-home buyers to a minimum 50% of the
value, up from 40%. The statement added that first-home
buyers' downpayments would have to be at least 30% of
the property price if the property is above 90 square
meters in size. It also indicated that tax policies would
be adjusted to "influence purchases and adjust property
investment returns."
Analysts believed that the government's action was a
strong signal that it could levy a property tax in the
near future, and in April, 2010, the Chinese Ministry
of Housing and Urban-Rural Development (MOHURD) was reported
to have approved a property tax trial in the four cities
of Beijing, Shanghai, Shenzhen and Chongqing.
Some commentators suggested that the lack of official
confirmation of the proposals might have meant that it
was only a rumour generated to dampen down the overheated
market. However, in January 2011, the Chinese government
approved the immediate application, as a pilot, of the
property tax in Shanghai and Chongqing. While the basis
of the tax will be residential property values, the municipal
authorities will be able to set its details. For example,
the applicable tax rate for each property is expected
to depend on the relationship its value bears to average
local real-estate sale prices. Depending on the results
of this pilot exercise, the central government may in
future decide to roll out the tax on a national basis.
House prices rose by 26% in Shanghai and 29% in Chongqing
in 2010, and prices across the country continued to rise
into 2011, although there are signs that the market is
slowing. Prices of newly-built homes increased in 49 out
of 70 cities in March 2011, down from 56 out of 70 cities
a month earlier. House prices in Beijing increased by
4.9% in March, down from 6.8% in February, and a similar
pattern was repeated in Shanghai.
It remains to be seen whether the government's measures
to dampen China's property market will have their intended
effect, but recent figures suggest that prices are continuing
to climb, albeit at a slightly slower pace. This raises
the possibility of additional tax and other measures being
imposed by the government to curb speculation.
Hong Kong
As to Hong Kong, until 2008 people looking to buy property
there found that real estate prices had begun to recover
after a long slump which began amid the Asian financial
crisis of 1997/1998. Prices were up approximately 30%
in 2006 and 2007, and were around 40% above their historic
low reached in 2003. However, prices remained depressed
and were, on average, about 50% below 1997 levels. We
are talking relatively here, because property in this
densely populated territory remains comparatively expensive
by international standards. Hong Kong’s residential
prices were 90% up in the five years to January 2008.
The market went into reverse again in 2008, of course,
with falls of up to 25% in most categories of property.
Transaction levels fell, and banks tightened lending to
expatriates without HK-sourced income. As of early 2009,
a 70 sq m, 2-bedroom, refurbished apartment in a not specially
wonderful area would have set you back about USD200,000.
But prices took off again later in 2009, perhaps driven
partly by speculative demand from the mainland, and in
April, 2010, in a speech at the Legislative Council, the
Financial Secretary, John C Tsang, said that the government
would keep a close watch on the state of Hong Kong’s
property market and would extend property taxes if necessary
to reduce property speculation.
In the budget in February 2010, so as to increase the
cost of property transactions and curb possible speculation
in the luxury flat market, John C Tsang had already increased
the rate of stamp duty from April 1 on transactions of
properties valued more than HKD20m (USD2.6m) from 3.75%
to 4.25%, with buyers no longer being allowed to defer
payment of stamp duty on such transactions.
He reported that, while he appreciated public concern
over the rise in property prices, the “upward momentum
in residential property prices in Hong Kong has tapered
slightly in recent months.” The rise in overall
apartment prices slowed from 2.5% in January 2010 to 1.1%
in both February and March.
However, he said that “the increasing risk of a
property bubble cannot be ignored.” He confirmed
that the government would continue to “closely monitor
the property market and the overall economy, and introduce
timely and appropriate measures to ensure a stable and
healthy development of the property market.”
In that regard, if the monitoring of the trading of lower-valued
properties showed there was excessive speculation in the
trading of those properties, he said that he would consider
extending the budget’s measures to transactions
of properties valued at or below HKD20m.
He also reminded his audience that the Inland Revenue
Department (IRD) will closely follow up all cases involving
speculators profiting from property speculation, and will
levy profits tax on the persons or companies earning profits
arising from such transactions.
“The IRD,” he added, “maintains a huge
database where details of all property transactions are
recorded. To identify cases of possible property speculation,
a computer selection is run periodically to analyze the
sale and purchase transactions in the database.”
“In 2008-09, for example, there were over 13,000
suspected speculation cases identified by the computer
program,” he confirmed. “More than 4,000 cases
required follow-up action after being reviewed by IRD
officers. If it is proved that the cases involve speculation,
the IRD will recover profits tax from the persons or companies
involved.”
Following a significant inflow of hot money, leading
to substantial increases in asset prices in Hong Kong,
Tsang announced new anti-property speculation measures
in November 2010. Among them was the SSD on residential
properties, charged on top of the current ad valorem property
transaction stamp duty.
Any residential property acquired on or after November
20, 2010, either by an individual or a company, listed
or unlisted, and regardless of where it is incorporated,
and resold within 24 months is subject to the SSD.
The SSD is payable jointly and severally by both the
buyer and the seller in the resale transaction, and is
calculated based on the consideration for the resale transaction
at regressive rates for different holding periods.
It is charged at 15% if the property is held for six
months or less; 10% if the property is held for more than
six months but for 12 months or less; and 5% if the property
is held for more than 12 months but for 24 months or less.
It was also proposed to disallow deferred payment of
stamp duty, including SSD, for residential property transactions
of all values, while, to deter non-compliance, the existing
statutory sanctions were extended to cover the SSD. Any
person who fails to pay the SSD by the deadline for payment
is liable to penalties up to 10 times the amount of the
SSD payable.
But the SSD ran into trouble in Legco, and its future
is obscure. At all events, the measures do not seem to
have had much of a dampening effect on Hong Kong's property
market, with figures released by the University of Hong
Kong in May 2011 showing that price of residential property
increased by 4.5% between February and March, meaning
that prices were more than 25% higher than they were in
March 2010.
The government has not ruled out further measures to
deter speculation in the Hong Kong property market.
Dubai
The outlook for Dubai's property market remains decidedly
mixed. While property developers and the government continue
to talk the market up, most analysts are of the view that
the market will remain depressed for the foreseeable future
due to the large inventory of newly-completed developments
which are sitting empty, and which will continue to depress
prices and rents.
Property prices in the once-booming emirate have shed
about 50% since the market hit a peak in late 2008. According
to a recent report from real estate advisory Firm Jones
Lang LaSalle, Dubai's commercial property market has been
forced to cut back rental prices significantly as vacancies
increase.
A further decline in average rents is likely, however,
due to increasing levels of new supply. By the end of
2011, 25 million square feet of additional office space
is forecast to enter the market which will increase the
vacancy rate and place further downward pressure on average
rental rates.
According to Landmark Advisory, a division of Landmark
Properties LLC, capital values declined by 5.8% and 1.4%
for apartments and villas respectively over the last quarter
of 2010, with rents declining by 7.5% and 3.4%.
Saeed Hashmi, Head of Valuation and Advisory at Landmark
Advisory said that downward pressure will continue to
be exerted on prices and rents "due to the fact that
2010 saw significant postponements in delivery with roughly
half of the 50,000 or so units we had expected to be handed
over, delayed."
Nevertheless, Mr. Hashmi affirms that while capital values
did decline, there was actually a significant spike in
apartment leasing volumes across the quarter due to a
combination of relocation demand from other Emirates in
the UAE, coupled with people within Dubai looking to take
advantage of declining rents.
In Dubai's office market transactional activity remained
slow, away from a select few high-profile Grade A assets
in prime locations. Furthermore, according to Mr. Hashmi:
"Capital value declines due to oversupply are stymieing
the amount of potential purchasers into the market and
while it now makes sense for companies to consider owner-occupation,
liquidity constraints are preventing this being witnessed
on a large scale".
Confidence among international investors was shaken again
after Dubai World, the city-state's real estate vehicle,
announced a debt moratorium for at least six months in
November 2009. At the time, the total debt of Dubai World
amounted to USD59bn, and it is was unable to finance one
small short-term component of that, falling due in December.
The news however, sent shockwaves across the world's stock
markets, which tumbled as a result. But despite Giebel's
bullish words, and subsequent action by the UAE to prop
up the market, it is likely to be some time before confidence
is fully restored in Dubai's debt-laden economy.
To Buy Or Not To Buy?
A Basic Guide To International Property Investment
If you are in the right place at the right time, investing
in real estate can be one of the most profitable and enjoyable
forms of medium to long term investment there is. Depending
on your circumstances, international real estate investment
may prove preferable, for a number of reasons, despite
the additional challenges it can sometimes pose. Diversifying
your investment portfolio by buying property in several
different countries, for example, can help to cushion
you against downturns in any one particular market. Even
if you cannot afford to do this, you may find that you
will be able to snap up an incomparable bargain in an
up-and-coming country which would never have been available
in your country of residence. (Unless you happen to have
the good fortune to be resident in a newly popular emerging
market country, of course!)
Now, if you decide that international property investment
is for you, there are several different ways of going
about it. Those with neither the time nor the inclination
to become landlords, or who simply want to diversify a
top-heavy portfolio, might choose to invest indirectly,
using one of the many real estate related funds available.
Ground rent funds, for example, are proving increasingly
popular with investors, and offer a relatively low risk
and secure investment with the possibility of high returns.
As with all mutual fund investments, there are specific
advantages and disadvantages, but if you are interested
in the growth possibilities in this market and would prefer
a less 'hands on' approach, then this may be for you.
On the other hand, you may not even have an investment
portfolio - you may just be looking for somewhere nice
and sunny to retire to. Or you may be an expat looking
to supplement your income. Or you might have been relocated
by your employer, and need somewhere to live. Or
well, the list goes on. There could be any number of circumstances,
both personal and financial, driving you to consider investing
in property overseas. In this article we will deal with
the issues raised by international property investment,
and the possible taxation implications raised by such
purchases.
International mortgages - Do I need one?
One of the primary considerations, when purchasing property
either domestically, or on an international level, is
raising the necessary amount of money. Unless you happen
to have enough ready cash just lying around (down the
back of the sofa, for instance
), chances are you
will need to take out a mortgage. There are several options:
1) Taking out a mortgage with a local bank. You
may, however, find yourself constrained by exchange control
rules (where they still exist). Even in jurisdictions
where exchange controls have been lifted, such as Spain,
you may find that domestic banks and building societies
will charge non-resident foreign nationals higher rates
of interest.
2) Taking out a mortgage or loan from a bank or
building society in your country of origin.
3) Taking out the mortgage offered by the developer.
Sometimes, with new complexes, developers will offer their
own mortgages in order to increase sales
4) Taking out a mortgage with an international
institution. Even if you are confident in your understanding
of the processes involved in purchasing property in your
country of choice, this is probably the most sensible
option, for the simple reason there are likely to be issues
involved in dealing with an expatriate client which a
local provider may not have the expertise to cope with.
There are a growing number of international mortgage
brokers and relocation specialists offering international
products tailored to meet the needs of expatriate property
investors, and although it is possible to go it alone,
you may find that enlisting the services of a professional
company experienced in dealing with international markets
eases a purchase considerably, as they are likely to be
well versed in the processes and legislation applicable
to non-resident purchasers, and can often mediate between
yourself and the local entities involved.
What sort of mortgage?
There are several different sorts of mortgages available,
so you should really shop around to make sure that the
international mortgage broker or IFA you choose to handle
your affairs offers a wide range of products, from a varied
group of international providers. Below is a basic rundown
of the different types of mortgage available, although
not necessarily all for your country of choice, so you
need to check:
1) Repayment mortgages. With this type of mortgage,
you pay a little of the interest and a little of the capital
off each month, so that at the end of the term, the debt
has been repaid completely, and the property is yours.
Although in the early years, very little of the capital
is repaid, as the amount of capital owed decreases, so
does the amount of interest which accrues, so towards
the end of the term there is a kind of 'snowballing effect'
in terms of the amount of capital which can be paid off
at a time. This is generally considered the safest bet
in terms of mortgage loans, although it is usually more
expensive than an interest only mortgage.
2) Interest only mortgages. With one of these,
your payments to the lender simply pay off the interest
on the loan, and the capital is paid off at the end of
the term. Monthly payments are (obviously) lower than
they would be for a repayment mortgage, and the idea is
that you put the money you save on repayments each month
into an investment fund, so that by the time the term
ends, you will have accumulated enough to pay off the
mortgage. Or that's the theory. If your investments do
well, you could be in a position to repay the mortgage
early, or have some money left over at the end of the
term. However, in order for that to happen, your investment
fund needs to bring you returns which are higher than
the interest you are paying on your mortgage, otherwise
there will be a shortfall at the end of the term.
3) Endowment mortgages. These used to be used
quite a lot in conjunction with interest only mortgages.
They are designed to guarantee that if you die before
the end of the term, the mortgage will be repaid, and
to provide a means of paying off the capital owed at the
end of the term. However, there is no guarantee that an
endowment will repay the loan in full at the end of the
term, and as with many pensions and life assurance products,
there are high 'front-end' costs. Where there is preferential
tax treatment for life assurance premiums they may still
be of some use, but as the majority of expatriates are
excluded from the benefits of domestic pensions investment,
they are rarely suitable.
Usually, international mortgage providers will offer
both repayment and interest only mortgages at fixed, variable,
capped and sometimes discounted interest rates, all of
which are fairly self explanatory, and have specific benefits
and disadvantages.
International home-owning - The logistics
Several of the problems you may encounter if you decide
to purchase property in a country other than that in which
you are resident are likely to be logistical. Okay, so
you can afford to take time off to find a property in
your country of choice, and maybe even visit a few times
a year, but that is likely to be all. This is where designated
international organisations come into their own.
For example, in Spain, the completion of a mortgage must
take place in front of an appointed notary, and all parties
to the purchase including the vendor, lawyers, the buyer,
and a representative of the lender. However, if you are
unable to be there due to previous commitments (or simply
geography!) an international broker should be able to
help you obtain a power of attorney, allowing someone
else to sign on your behalf.
Renting your property out when you are constantly on
the move can be a bit of a headache, but hiring a letting
agent qualified in dealing with international clients
could take the pressure off. They can help you find suitable
tenants, prepare a letting agreement, take the security
deposit, deal with utilities bills, collect the rent (the
important bit!), visit the property on a regular basis,
check empty properties, and undertake property maintenance
during a tenancy.
Costs
Ignoring taxation (which we will deal with in more detail
later), and quite apart from the cost of the mortgage
itself, there are other expenses to bear in mind when
arranging a mortgage for your investment property, and
these vary considerably from country to country. For example,
in France, the fee level can be affected by the age of
the property (as newer properties attract lower charges),
the number of people involved, and how many outside agencies
(e.g. estate agents, lawyers, brokers, letting agencies)
are involved.
If buying a property in France, (over and above the broker
or IFA's fee) you should be prepared to pay:
- A land registry fee of 0.6%
for property under 5 years old, or a 1% fee for anything
older
- The notaire's sales commission
of up to 5% (where an estate agent is not used. If an
estate agent is used, their fees are usually paid by
the seller of the property).
- Stamp duty of 0.7% for property under 5 years old,
or a 5.09% (!) charge for anything older (VAT at 19.6%
is also due on off-plan property and new property sold
within five years by a property professional, although
this is usually included in the purchase price, and
the lower rate of stamp duty is due in such cases).
- The notaire's conveyancing fees,
which vary according to the value of the property, but
can be anything from 1-1.5%.
Moves are also afoot as part of France's 2011 supplementary
finance bill to impose an annual tax on the secondary
residences of non-residents and expatriates at 20% on
the rental or cadastral value of a property. However,
it is thought this tax would breach EU law, and is therefore
the subject of some uncertainty.
As previously stated, costs will vary depending on the
location of your property, as you can see the issue of
additional expenses needs to be taken into account when
deciding whether international property investment is
for you- although the returns can sometimes be spectacular,
it ain't cheap!
The tax implications of international property investment
Capital acquisitions tax, capital gains tax, inheritance
tax, gift tax, property transfer tax, VAT, stamp duty,
tax on rental income, share transfer tax, land tax
no,
wait a minute. Come back
sit down and take deep breaths
- we didn't mean to frighten you.
Although the majority of countries impose some kind of
taxation on international property investment by foreign
nationals, it would be a rare (and unpopular!) country
which levied all of the above. The tax implications of
your foreign real estate investment will vary in complexity
and impact according to where it is located, and to a
certain extent, what you intend to do with the property
when you have purchased it. As a general rule, in the
majority of countries if the tax authorities believe that
the purchase was made as a 'commercial' investment (i.e.
if you habitually buy, renovate, and sell on, or if you
have bought undeveloped land with a view to building a
housing complex or leisure facility), they will view you
as a property dealer, and tax your investment accordingly
at a higher rate.
Where taxes are levied on international property investment,
they will usually fall into the following categories:
1) Taxes on the purchase, acquisition or transfer
of the property or land, such as capital acquisitions
tax, inheritance tax, stamp duty and property transfer
tax.
2) Taxes on the ownership of and/or residence
in the property, such as local and national property taxes,
and land tax.
3) Taxes on rental income. (If you choose not
to live in the property, be aware that there may be additional
taxes imposed on non-resident or foreign landlords. Not
necessarily devastating, but still a factor to be considered
if buying to let overseas.)
4) Taxes on disposal of the property, such as
capital gains tax, gift taxes, and death duties
As previously stated, property taxation regimes vary
widely from country to country, and you may feel that
low, or no-tax jurisdictions are the ideal choice for
you. However, in some (although not all), due to limited
resources and space, property investment opportunities
are limited only to the very wealthy, who must be willing
to contribute substantially to the local economy, and
purchase luxury real estate. Other jurisdictions limit
the number of foreign nationals permitted residence or
work permits in order to maintain the standards of living,
and protect the employment chances of existing residents.
Governments in non-tax haven countries tend to impose
fewer restrictions on property purchase for investment
or residential purposes by foreign nationals. However,
in such countries, the likelihood is that you will face
more taxes on your investment. Some property investors
choose to purchase international property via an offshore
company or trust in order to bypass some of the taxes
levied in high tax countries, and although this can be
a valid option, it is not suitable in all circumstances.
We will discuss this in more detail later.
Where you decide to purchase property is, in the final
analysis, a personal choice, and will need to be based
on your circumstances, resources, and eventual goals.
If you have your heart set on retiring to a beachfront
house in the Bahamas, you are unlikely to be satisfied
with a one-bedroom apartment in Cyprus. If, however, you
are looking to subsidise your income by providing affordable
housing to expatriates and other professionals, the latter
would be ideal. It all depends
Although tax shouldn't necessarily be the most important
consideration when choosing a property, there is no denying
that it's certainly up there at the top of the list for
most people. Probably the best way to illustrate the variety
of taxes, and the way in which they are imposed, is to
look at three countries with very different tax regimes:
Greece
Currently in Greece, purchase, inheritance, possession,
use, and donation of property are taxable. Greece has
a unified inheritance and gift tax on property acquired
as the result of a gratuitous lifetime transfer or death,
with the liability resting on the transferee, or beneficiary
of the property. Property situated in Greece, and moveable
property situated abroad owned by both resident and non-resident
foreign citizens is liable for inheritance tax. Non-residents
may wish to reduce their tax burden by purchasing Greek
real estate through a non-resident company, as then the
asset held by them is a shareholding in a foreign company,
which is not subject to inheritance/gift tax under Greek
law. However, this solution will provide no protection
for Greek residents, as the shares themselves would be
subject to the unified tax.
Greek real estate taxes include:
- A graduated tax imposed at rates ranging from 0.1%
for properties valued at over EUR400,000 to 1% for properties
valued at up to EUR5m (replacing the 0.1% ETAK real
estate duty of 0.1% in 2010). For tax years from 2010
to 2012 (inclusive), properties valued at over EUR5m
are taxed at 2%.
- An annual local property tax of between 0.25% and
0.35% of the assessed value of property.
- A General Transfer Tax of 8% for property worth up
to EUR20,000 and 10% on the excess.
Rental income is subject to Greek income tax (calculated
on a progressive scale up to 45%) and also stamp duty
calculated at 3.6% of the actual rent, and payable on
a monthly basis.
There are also capital gains tax implications following
the sale of a property. For properties purchased after
January 1, 2006, capital gains tax is charged on a sliding
scale depending on how long the property is held. For
properties held for less than five years the capital gains
tax rate is 20% falling to 10% for a holding period of
between five and 15 years; 5% if held for between 15 and
25 years; and 0% if held longer than 25 years. There is
no capital gains tax on properties purchased prior to
January 1, 2006.
Additional taxes are likely to be imposed on larger properties
in Greece as a result of the austerity measures being
pushed through Parliament. A further round of austerity
measures adopted by the Greek government in May 2011 may
result in higher taxes being imposed on high-value property
in particular.
Tenerife
Tenerife is the largest of the Canary Islands, which
although they are autonomously governed, for taxation
purposes generally fall under Spanish jurisdiction (although
a great deal of autonomy is afforded to the regional governments).
When the purchase, acquisition, or transfer of Spanish
property takes place, one of two taxes will be payable.
VAT is levied on the purchase of newly constructed property
and land immediately available for construction. (In the
Canaries there is an Indirect General Tax for the Canary
Islands, but it is similar in many ways to the Spanish
VAT). In situations where VAT is not levied, property
transfer tax at a rate of 6% of the purchase price (Escritura
value) is levied instead. When buying newly built property,
stamp duty (IGIC) at a rate of 5% is also payable. However,
there is an exemption for property investors who create
employment, whereby transfer tax and IGIC are not payable.
(Corporate income tax can also be very low in these cases).
Liability for inheritance tax is dependent on residence
status, and for non-residents is payable only on Spanish
sourced income or gains. The level of the tax varies according
to the degree of kinship between the deceased and the
beneficiary, and the previous level of wealth of the beneficiary.
There is an annual real estate tax of 3% of the Cadastral
value of the property payable for both residents and non-residents,
and as in France, a 3% tax levied on the purchase of Spanish
property by non-resident companies (although there are
certain situations in which this doesn't apply, and property
purchased by a Spanish company, even if all of the shareholders
are non-resident, is exempt from this). Non-resident property
purchasers must also appoint a resident fiscal representative,
and submit a wealth tax declaration.
Rental income from property obtained by a Spanish non-resident
is subject to taxation at a rate of 24%, although maintenance
costs and expenses incurred as a result of obtaining the
income (for example interest paid on mortgages and loans)
are deductible. Capital gains tax on the sale of a property
is levied at a flat rate of 18% of the difference between
purchase price and selling price. Progressive capital
gains tax rates apply if the property is sold within less
than one year after purchase.
The Cayman Islands
At the other end of the spectrum lie the Cayman Islands.
Other than import duties (imposed at various rates), and
a stamp duty rate of 7.5% on real estate transfer and
1% on legal documents pertaining to valuable assets and
transactions, there are no direct taxes imposed on Caymanian
residents or non-residents.
There are no restrictions on foreign ownership of real
property in the Cayman Islands as such, and due to the
lack of direct taxes, it is equally possible to buy a
condo and rent it out for the majority of the year, or
to buy an undeveloped piece of land, and leave it undeveloped
until you have the time and resources to build your dream
home. If you choose the former option, your rental income
will be free from income tax (in Cayman at least), and
the absence of property taxation, or of any rules stipulating
the time frame within which land must be developed, means
that the latter is in essence a 'maintenance free' investment
until such times as you choose to develop the land.
However, achieving residence and/or a work permit can
be problematic, as access to employment is fairly restricted
for foreigners. An expat wishing to apply for permanent
residence in the Cayman Islands on retirement should be
prepared to invest at least $180,000 in local enterprise
or real estate. Caymanian status is usually granted on
a quota basis to citizens from the UK and British dependent
territories, and certain other countries including the
United States, Eire, Australia and New Zealand.
Offshore Companies and Trusts
As you can see from the examples above, the country in
which you choose to locate your property (as well as your
country of residence if different) will almost certainly
have an impact on the amount of tax payable by your estate
in the event of disposal of the property, or of your death.
In order to alleviate some of the tax consequences involved
in the ownership of foreign real estate in high tax countries,
some investors may choose to purchase property through
a non-resident company or trust, often established in
a low tax jurisdiction. Trusts in particular can sometimes
be effective in protecting the investors and their beneficiaries
from punitive estate and death duties. In countries such
as Greece, where there are no provisions in the country's
tax legislation to facilitate the taxation of the underlying
assets of a foreign company, an offshore company can often
be a tax efficient and effective vehicle in which to hold
property investments.
However, although in some countries (for example Spain,
Portugal, and Australia) non-residents are encouraged
to make their real estate investments through an offshore
company, this form of tax planning may not be effective
(or even possible to implement legally) everywhere, so
again it depends on your chosen location.
In France, for example, legislation was enacted in 1983
to prevent property investors from avoiding registration
and wealth taxes. The tax authorities complained that
when French real estate was purchased by legal entities
in offshore jurisdictions, it was impossible to levy the
aforementioned taxes on the sale and transfer of shares
within these entities because they were unable to discover
the identity of the shareholders, due to the stringent
secrecy laws in place. They therefore demanded that a
3% tax be levied on the fair market value of real estate
in France owned by these companies.
The tax was later ruled by the supreme court to have
violated the non-discrimination clauses contained in some
of France's bilateral tax treaties, however, and so was
modified. As it stands now, foreign entities which own
real estate in France (either directly or indirectly)
are only subject to the 3% tax if the value of such real
estate represents 50% or more of their French assets.
French residents and foreign companies registered or resident
in countries with which France has a double tax treaty
are also exempted, provided they furnish the French tax
authorities with the identities and addresses of the shareholders
on an annual basis.
Although double tax treaties are of more interest to
corporate and commercial international property investors,
they can sometimes have an effect on the amount of taxation
that an individual's real estate investment income is
subject to, especially if they are resident in a country
which taxes world-wide income, or are planning to purchase
property in a country which does this. Certain double
tax treaties may enable you to claim tax paid on rental
income from overseas against your domestic income taxes,
or to receive dividends at a lower rate of withholding
tax. However, the number of different tax treaty models,
and the sheer volume of treaties in force on a global
level make it impossible to give a comprehensive picture
of the likely consequences of a double tax treaty in any
given circumstances. We would therefore strongly recommend
that you take advice as to the potential implications
from a qualified professional before making a decision
as to the location of your investment property.
So - Is it worth it?
The answer to this question will depend on your personal
circumstances, what you hope to achieve by investing,
and how much you can afford to spend. There is a vast
spectrum of opportunities available within the property
investment field, ranging from the ridiculously expensive
to the nicely affordable, and with the help of an international
broker or IFA, you should be able to find something suited
to your tastes and pocket.
Investing in a 'real' asset, as opposed to an intangible
one can sometimes provide more stability, and in spite
of recent falls, property tends to hold its value better
than other commodities. You do need to be aware that the
overall liquidity and health of the property markets,
and possible fluctuations in interest rates and inflation
can affect the value of your investment, but generally
it is possible to achieve a very healthy return on your
investment.
But - and it is a big but - this is a very special moment
in the history of housing markets. We cannot offer advice,
and don't do so, but right now you may want to exercise
especial caution and patience. Of course, if you are buying
a property to live in for the remainder of your days,
you may feel that price is unimportant. Anyone who expects
to see a profit on their investment, however, may take
a different view.
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