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With estimates that the Irish are spending between €2 billion and €4 billion
on foreign property each year (between residential and commercial
investments), it’s not surprising that so much can go badly wrong. From the
investment companies and group schemes that buy multi-million investments,
to the retired pensioner acquiring an old farmhouse in France, anyone can be
stung abroad if they don’t know what they’re doing.
While many have lost money through fraud, more often it’s quite simply the
buyer’s own fault.
Enda Faughnan, partner in tax and legal services with Price Waterhouse
Coopers, was the keynote speaker at Ireland’s first developers’ conference
last month. We asked Faughnan, an overseas property specialist, to name the
10 biggest mistakes Irish people make when buying a place abroad. This is
his “watch out” list:
1 Picking the wrong location
“You would be surprised how many people pick the wrong place. Even in fairly
reputable western European cities, there can be a huge difference between
neighbouring streets,” Faughnan says. “You’ve got to do your research.
You’ve got to consider current prospects, rent potential and future
prospects. We recommend buyers choose a politically stable country with
potential for good capital appreciation and good rent returns.”
2 Choosing the wrong sector
“Don’t go into the office market if that sector is flat. Don’t go into city
apartment if prices are in freefall, or buy in the luxury end if nobody can
afford to locally.”
3 Failure to consider Ireland’s tax claims
“Some people don’t seem to realise that when you sell an overseas property
you’re also liable to pay capital gains tax in Ireland at a rate of 20%,”
says Faughnan. “Furthermore, if you don’t structure your investment
properly, you could end up paying income tax at an even higher rate on your
day-to-day earnings.”
4 Failure to secure adequate title
“Title is defined differently in various countries. In some former communist
countries, foreigners are not permitted to own land and must acquire
property through purchasing companies. But companies can also come with
unforeseen liabilities. In Bulgaria, the land registry system is in a mess.
In other countries, it’s not unknown for properties to be deliberately sold
to different people without each buyer knowing.”
5 Local succession rights
“Foreign inheritance taxes can be far higher than in Ireland — particularly in
Spain, France and America,” says Faughnan. “On top of this, far more people
than you might think can be entitled to take a chunk of your property after
you die. In France, the system can allow many more extended family members
to seek a portion of the inheritance.”
6 Failure to take exchange rates into account
“Outside the EU, exchange rates can play havoc with your ability to benefit
from your overseas property. Buyers can have their profits wiped out by
currency fluctuations.”
7 Failure to research local taxation systems
“In Ireland there is no residential property tax, but other countries
sometimes have three or four different methods of taxing property. Local
rates, services fees and other charges can take their toll.”
8 Failure to research an exit strategy
“There’s no point in benefiting from property value increases if you can’t
then get your profit out after you sell. Some countries, such as China,
will, through exchange-control restrictions, limit the amount of money you
can take out at any one time. Others insist on a large amount being
reinvested in that country.
“If you’re buying in Ukraine, it imposes heavy VAT on property purchases which
you are supposedly entitled to get back. But in reality it actually takes
between four and five years to do so.”
9 Failure to research interstate tax agreements
“Ireland has tax treaties with a number of countries ensuring that you don’t
get taxed twice on the sale of a property. However, if you buy in a country
that does not have such a treaty with Ireland, such as Turkey, you stand the
chance of being double-taxed when you sell.”
10 Failure to recruit local help
“A local clown is better than no clown at all. There have been cases of buyers
purchasing apartments from companies targeting Ireland only to find out that
they could have bought them far cheaper over there.
“Sellers of foreign property recognise the Irish as cash cows and prices tend
to go up once parties of Irish buyers arrive in a location. Take the trouble
to go to your local market and always get local representation
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