House Prices Reloaded
by
the Investors Offshore Editorial Team, June,
2009
IMPORTANT
WARNING:
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in good faith by Investorsoffshore.com to provide
assistance to investors, but do not constitute
investment advice or recommendations. Investors
should not rely upon the information given in
order to choose types or routes of investment
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before making choices. Investorsoffshore.com has
taken reasonable care in researching and presenting
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Two
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the laws of economics had been repealed.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 is rapidly leaking 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 has spread around the world,
attacking in turn each of the countries which
had seen particularly aggressive house price rises.
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, other than
the impact of global wealth and global 'feel good'
sentiment - or their opposite. Certainly these
factors were what drove the upward spiral of real
estate prices during the 15-year long boom that
ended in 2008, and it is now their absence that
is driving 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 now, 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 actually
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 so far
have fallen in total by 21.8%. Although there
are regional variations, the trend is still downwards,
and more than 20% of US homeowners are reported
to have negative equity.
In
Europe in 2008, property values were down by 9.9%
in France, 16.2% in the UK, 7.5% in Norway, 7%
in Poland, 10% in Spain and 10% in Ireland.
The
drop in average house prices since the peak is
greater than 20% in both the UK and Ireland, and
there is not much evidence of a slow-down in the
decline. 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%.
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 mid-2010.
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.
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 has been pushing
up valuations for the last 10 years at least.
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.
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.
Nigel
Pascoe, Director of Lending for Skipton Guernsey
and Skipton International, commented, “The data
presents a mixed picture, but underlines the importance
of looking at longer term annual trends, as one
quarter’s data can seem out of step. Annually,
on both Guernsey and Jersey, prices have been
rising at a steady rate.“
By
the end of 2007, average prices in Guernsey stood
at GBP330,000 in the local market, whilst in Jersey
the average house price rose over the year at
20%.
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.
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; a reported 3% fall in 2008 seems
almost neither here nor there.
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 spokeman 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.
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 €306,619
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%.
Overall,
prices had risen by about 10% per year on average
since 2000, 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.
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.
Property
in Monaco that has just come on to the market
includes a 175 sq m three-bedroom, three- bathroom
apartment with a 60 sq m terrace in Fontvieille
Village for EUR12m, while a 15th floor 164 sq
m apartment at Mirabeau in Monte Carlo itself
is on offer at EUR17m.
However,
and perhaps helpfully for values, the new island
development which was announced last year 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 6,885 yuan, or US$860, 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
will be 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.
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 are falling, and
banks have 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
set you back about USD200,000.
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 you 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 0.6% for property under 5 years old,
or a 6% (!) charge for anything older.
- The
notaire's conveyancing fees, which vary according
to the value of the property, but can be anything
from 1-1.5%.
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.
Property
transfers are subject to a 9% tax for property
up to GRD 4 million (approximately $10,262) and
11% for any amount beyond that. There is also
a municipal transfer tax imposed on top of that
equal to 3%.
Ownership
of Greek real estate by individuals is taxed at
a rate of between 0.3% and 0.8% on the value of
the property, but with a deduction of approximately
$180,000, plus a further 0.25-0.35% real estate
duty known as the TAP, on the whole value of the
property.
Rental
income is subject to Greek income tax (calculated
on a progressive scale from 5% to 42.5%) and also
stamp duty calculated at 3.6% of the actual rent,
and payable on a monthly basis. However, no VAT
is charged on payments, and there are no plans
to introduce it while stamp duty is payable.
There
are no capital gains tax implications following
the sale of a property, but the proceeds from
a disposal of real estate which takes place 5
years or less before death are deemed to be part
of the taxable assets of the deceased, although
this presumption can be challenged by the beneficiaries
of the estate.
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 4% 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. Resident property
owners are exempt from wealth tax on Spanish assets
below a certain threshold, but non-residents must
pay a 0.2% wealth tax on the total value of their
Spanish assets.
Rental
income from property obtained by a Spanish non-resident
is subject to taxation at a rate of 25%, 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
on a progressive scale of between 2% and 40% of
the difference between purchase price and selling
price, although the rate is usually 20% for residents
and 35% for non-residents.
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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