|
While the amount of Italian red tape is well known,
and bureaucracy tends to move rather slowly, buying
a property in Italy is actually pretty straightforward
- if somewhat time consuming. There are no restrictions
on foreigners buying property in Italy, but, as ever,
employing a fully qualified specialist English-speaking
lawyer is a must.
As a guide you should expect to pay approximately
15% of the purchase price in fees and taxes when buying
a new property from a developer. This will cover the
equivalent of VAT which is charged on the purchase price
of any new property, solicitor's fees, notary's fees,
land registry fees and local taxes. Your lawyer will
advise you of the exact costs associated with your purchase.
When buying off plan, all payments are fully bank guaranteed.
The buying process
There are three main buying stages:
• The buyer makes an offer which commits him/her
to buying the property at the given price. If the seller
accepts a deposit is paid.
• Both parties sign a legally binding buying proposal.
This outlines the details of the transaction, including
the scheduled completion date. If you are
buying an "off plan" property the first stage
payment is made at this point.
• On completion both parties sign the final contract
in the presence of a notary, who then issues the deeds
and informs the land registry to transfer
ownership. The remainder of the balance, plus all taxes
must then
be paid at this point.
You do not need to be present to complete your purchase.
You can assign Power of Attorney to your lawyer who
will be able to attend the signing of contracts and
deeds at the Notary office and sign all relevant documents
on your behalf. The Notary is a government official
who must place on the public record that the property
title deed recording the purchase has been signed in
his or her presence and understood by the buyer and
the seller, both of whom must be represented at the
signing. Your lawyer can act on your behalf at this
point if you have assigned the relevant Power of Attorney
to them. Note that the use of the Notary is not a substitute
for independent legal advice.
You will also need a fiscal code before you complete
and your lawyer can obtain this from the tax office
on your behalf.
Capital Gains Tax
For those looking to purchase for investment, capital
gains made on the disposal of Italian real estate are
taxable unless the property has been owned for more
than 5 years in which case it is exempt from capital
gains tax in Italy. Selling prior to five years incurs
a charge on a sliding scale, depending on the number
of years of ownership. The main home is also exempt
provided another main home is bought within one year
of the sale.
Inheritance Tax
There is no Inheritance Tax, but a transfer and registration
tax on those inheriting the property is payable. Gift
tax was also partly abolished meaning that no taxes
are levied on gifts between spouses and other relatives
to the limit of the fourth degree of the relationship.
If the beneficiary is not related, gift tax is only
payable on the value of the asset transferred which
exceeds €180,760. There is no liability on the
transfer of assets up to this amount or of a lesser
value.
Tax on Rental Income
If you let out a property in Italy, you will usually
be taxed on 85% of the rental income received. A person
not resident in Italy for tax purposes must still make
a declaration of Italian income. At the time of going
to press, a rate of 23% was payable for most investors.
There is also a deemed income tax on properties that
are not rented out. This tax is calculated on the rateable
value and is usually very small.
Property Tax
The basic property tax in Italy is known as the ICI
(pronounced "ichy"). Everyone who owns land
in Italy, whether they are resident or non-resident,
pays this tax which is usually between 0.4% and 0.7%.
The amount depends on the local authority and the size,
location and category of property you purchase. If the
property is passed as uninhabitable or being restored,
the tax is reduced by 50%.
Garbage Collection Tax
In some towns, an additional tax is raised to deal with
services the town hall supplies. These could include
rubbish collection, street and beach cleaning. In some
municipalities you will be charged for use of a car
in the area, but not in all. These taxes vary between
€200 and €250 per year.
Income Tax
Whether or not you are resident in Italy, as a property
owner you must still make a tax declaration. The Italian
authorities are only interested in any income you may
have accrued in the country, for example you may have
money on deposit in a bank that is receiving interest.
They have no interest in any holdings you may have outside
of Italy.
Wealth Tax
While in many other European countries you may be liable
for wealth tax, in Italy there is no such tax.
UK-Italy Tax Treaty
There is a double tax treaty between Italy and the UK
and this protects the investor from paying tax on his
Italian assets in both countries.
Legal Advice
We believe it is absolutely essential that every individual
buyer should receive independent legal verification
that the property they intend to buy has good, clean
title, has all of the appropriate planning in place
and is completely free of the burden of debts or charges
registered against it.
Financing your purchase
Mortgages
Should you require a mortgage these are easily available
in Italy. You will need to prove to the lender that
you are able to meet the monthly payments and if so,
you will normally be able to borrow up to 75% of the
valuation of the property. To guard against the risk
of increasing mortgage rates, you may consider taking
a fixed rate mortgage over a specified number of years.
Even if you have the funds available to complete your
purchase without any loan, a mortgage may still make
very good sense. With interest rates in the EuroZone
generally lower than UK rates, it may mean that your
own money could be better invested in other assets.
Borrowing part of the price of your property can mean
your own investment grows at an even faster rate, provided
the property rises in value more than the interest rate.
Investors can further enhance their yield from rental
returns by taking advantage of interest only products
which are now becoming available.
What about a UK mortgage?
If you have an existing mortgage in the UK and equity
in your property, you could remortgage against this
to raise funds. This way you may avoid any legal or
land registry fees, depending on the lender and product.
However interest rates are currently higher in the UK
than in Italy so taking a loan against your UK property
will cost you more to pay back.
Our sister company www.mortgagebusiness.net are able
to give you advice regarding the best way to proceed
and are able to offer you help with obtaining a mortgage
in Italy.
Buying a property in Euros
- what about the exchange rate?
We work closely with independent foreign exchange providers
to ensure that you are able to secure the best rates
of currency exchange, enjoy free transfers and pay no
commission. Please contact us for further information.
Please Note
The above information is provided as a guide only and
may be subject to change. You should consult your professional
legal and tax advisors for the latest information.
|