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After
acceptance of an offer on a property, the following
procedure will be followed but you will be assisted
in all:
·Obtain several photocopies of the passport of the
person(s) purchasing the property
·Obtain 12 passport-sized photographs of each person
purchasing the property (cost approx 15YTL each
person)
·Obtain a Turkish tax number for each person
·Open a Turkish bank account(s) – these may be in
Euros or Sterling. It will be advantageous to also
have an account in Turkish Lira.
·Obtain a
copy of the deeds of the property being purchased
and check that the deeds are “clean”, i.e. that the
property can be sold.
·When ready to complete the purchase, go to the
Notary (government regulated lawyer) to have the
formal contract drawn up and for it to be signed by
both the vendor and the purchaser. Please note
that, for all foreign purchasers, a translator is
insisted upon by the Notary. The Notary fee and fee
for the translator are payable in cash on the day.
·The purchase documents will be sent to the Turkish
army, which will check the identity of the purchaser
through various channels and, in particular, will
check there is no criminal record.
·Instruct
an English-speaking lawyer to follow up the deeds,
which can take several months. Alternatively,
Damlacan Real Estate (Sammy’s Real Estate) is able
to perform this service. Fees will be explained at
the time of instruction.
·Purchase tax on the property is payable to the
Turkish Government at the time of collection of the
Deeds. It is possible to authorise Damlacan Real
Estate to collect the Deeds on the purchaser’s
behalf.
Buying property in Turkey is not as complicated as
you might imagine. The procedure is often far
simpler than in most other European countries.
Foreign
nationals may purchase land and property in Turkey
under their own names provided that properties are
not located close to a military airport, station
etc.
After an
agreed sale, in order to acquire the title of a
property, an application has to be made to the local
Land Registry Office. The title may be transferred
once checks have been made to ensure the property
meets all necessary requirements.
A solicitor
is not needed in Turkey although it makes sense to
consult one for your own piece of mind. Persons
wishing to buy property in Turkey can be
apprehensive about their choice of Solicitor since
they will not be familiar with the firms nor, in
most cases, with the civil law system. We can put
these misgivings to rest by recommending the
Solicitors we work with who are reliable and will
provide an efficient and professional service.
We can
further assist by explaining the civil law
procedures and translating documents. If a client so
wishes we can also act on their behalf, through a
Power of Attorney or a written authority, to
actually complete a purchase or sale of a property
on their behalf.
During the transaction, the seller declares that he
has received the full purchase price from the buyer.
This process can take a number of months, as the
Land Registry office needs the official permit
papers from the military administration.
The
acquired property may be resold and the proceeds of
the sale may be transferred out of Turkey.
There is no
time restriction for reselling property after having
bought, you can get it registered in your name and
resell it the next day.
Remember,
that to reserve a property you will normally be
required to pay a 10% deposit.
At the
moment, it is virtually impossible to get a Turkish
mortgage unless you are resident and working in
Turkey.
The easiest
way to raise finance to buy a Turkish property is by
remortgaging your property in the UK or Ireland. It
is advised that funds for the purchase should be
transferred into the country through a Turkish bank
and specifically identified for that purpose. The
foreign currency should be sufficient to cover both
the purchase cost plus other costs incidental to the
purchase. A recent decree aimed at aligning Turkey's
currency laws with the EU states that importation of
foreign currency is free, it cannot be subject to
any legislation and it's origins cannot be
questioned
Foreign
nationals can buy land or property anywhere in
Turkey except in military zones
Title
Deeds: Each freehold property will have a
property deed known as a tapu, the name of the
present owner is written on the tapu in addition
to a photograph and general information about
the plot size, plan number, district town and
location.
Using a
lawyer: It is possible to buy in Turkey without
using a lawyer and go directly to the Land
Registry Office, however we strongly recommend
that you use a solicitor or lawyer familiar with
Turkish property laws.
The
lawyer/solicitor will carry out all necessary
checks on the property. These include, but not
limited to, checking the seller of the property
is the owner, checking there are no outstanding
bills on the property, location checks, seek
living permission and arranging electricity and
water connection.
Aegean
Army Search: A military background check is made
on all foreign nationals buying in Turkey.
Anyone with a criminal record cannot buy
property in Turkey. The cost of this is included
in the purchase costs detailed under the heading
"Purchase and Running costs. This process takes
about six months, and once approved the TAPU
will be issued.
Land
Registry: Both buyer and seller can be present
to enter new details in the Registry book at the
Land Registry Office. However if Power of
Attorney has been given to a lawyer/solicitor,
they can act on behalf of the client and will
retain the TAPU until contacting the client
Insurance of the property is the responsibility
of the owner once the TAPU is in their name.
Bank
account: it is a good idea to open a Turkish
bank account for payment of bills.
UK Tax:
Turkey has a double taxation agreement with the
UK and Ireland. We advise you to consult a UK
taxation specialist regarding rental income and
capital gains tax (CGT)
Will: A
will is advisable for both English & Turkish law
Annual Real Estate Tax (ARET)
This tax,
which will be levied at c.0.1% of the
declared value of your property, will be due
annually. Normally, the seller of your
property will have paid the ARET for your
year of purchase.
Environment Tax
This tax will
be collected through your water bills at a
rate of c.0.13 YTL/m3 for residential
property.
Communal Maintenance
This figure
will be in line with the estimate included
in your specific contract. As an example,
£55-80 for a 2-bedroom apartment is normal,
depending on facilities.
Insurance and DASK
Although the
rebuild value of your apartment will need to
be agreed, buildings insurance, including
glass cover and contents cover and the
legally required DASK earthquake insurance
will be c. £200 per annum, for an average 2
bedroom apartment, depending on the levels
of cover you require.
Utilities
Although it’s
impossible to quantify the ongoing cost of
your utilities, as they are charged on a
meter basis, Edison Ford has been advised
that c. £40-50 per month is average for a
couple living full time in a property. This
figure is an average, in order to reflect
the differences between summer and winter
usage.
Individual Property Maintenance
If you wish
to have your property cleaned and inspected
regularly during the year, above and beyond
any standard rental package services, this
will be available from either a developer
direct, or many third party sources. Quotes
in the region of £200-250 per annum are
normal, depending on the level of service
you require. If you have any problems with
your property, which are not covered by the
building and manufacturers guarantees, then
you will of course be liable to cover these
maintenance costs.
Rental Packages
This will
depend on your choice of company and there
tariff. Packages can either be on a one-off
fee basis (c.£200 per annum), or a small
annual charge (c.£50 per annum), followed by
a percentage of your return.
When you come to sell your
property there are two main avenues open to
you, each with their own nuances. The first
option is only available for purchasers of
off plan property.
Selling Before Completion
This option
incurs the lowest legal fees and also the
lowest level of costs in general. If you are
successful in selling your property before
completion, you do not need to take
ownership of the property in the eyes of the
land registry. As such, any buyer buying
from you before you complete will be liable
for your final completion payment for the
property and also any associated taxes and
legal fees due on completion. The expenses
you are likely to occur are legal fees,
which depending on the method employed for
the transaction could vary around the level
of £500. You may not be liable for any
income tax / CGT in Turkey; however, your UK
liability will remain.
It is
important to note however, that this method
does also have several disadvantages. If you
do not complete on the property in terms of
both payment and title, you are still
effectively selling an off plan property,
which commonly will not attract the same
value as it’s completed equivalent.
Secondly, it is possible that choosing to
sell your contract can narrow your audience,
as buying off plan is perceived as a higher
risk.
Selling After Completion
This option
means that you will need to complete on your
property, which will involve making your
final payment for the property and also the
associated costs and taxes involved in
completion. For more information on the
costs associated with completion, please
refer to Edison Ford’s completion document.
Although
selling after completion will incur the full
level of purchase and legal costs, it has
several advantages. Firstly, a completed
property is likely to attract a higher value
than that of a property sold off plan.
Secondly, a completed property is likely to
attract a wider audience, including people
who do not have the confidence to purchase
off plan. Finally, completing on your
property gives you the option to hold the
property and prospect for further growth.
The costs
involved in selling a property registered in
your name are as follows:
- Any costs
associated with ownership such as ARET for
the year of sale.
- Transfer
tax at the rate of 1.5% - As the normal 3%
figure will commonly be split with your
buyer.
- Land
Registry fees of c. £50.
- Full legal
fees, which are likely to be £1,000 - 1,400.
- Minimal
Military Permission fees, as the seller
commonly starts a buyers application.
- Capital
Gains Tax/Income Tax in Turkey.
Whether or
not you decide to sell your property before
or after completion, you will have to pay
agents fees for the marketing of your
property. Edison Ford is pleased to announce
it’s standard rate is only 3% for the sale
of your Turkish property.
The following
table highlights the current rates of
Turkish Income and Capital Gains Tax. The
Turkish system treats any capital gain
realised as additional income for that tax
year. It is important to note, that after 4
years of ownership of a residential property
your liability to Capital Gains Tax in
Turkey diminishes.
Although this
table will give you an insight into your
potential tax liability, there is a system
in place, which adjusts the purchase price
of your property in line with inflation, to
ensure you are not over taxed. Calculating
CGT is therefore not as straightforward as
deducting the purchase price from the sale
price.
0-7,000.00
YTL 15%
18,000.00
YTL for the first 7,000 a fixed 1,050 YTL,
then 20%
40,000.00
YTL for the first 18,000 a fixed 3,250, then
27%
40,000.00 -
over 40,000 YTL for the first 40,000 a fixed
9,190, then 35%
It is also
important to note that there is a double
taxation agreement between Turkey and the
UK, which ensures you will not be taxed on
the same gain twice. The figures and
suggestions made in this document are not
guaranteed to be accurate, as the tax system
is inherently complicated. Therefore if you
would like specific information or advice
relating to your tax situation please
consult a specialist tax adviser. If you do
not have such an individual in place,
For details
of our current Turkish offerings, please use
our comprehensive property search, which can
be found on any page of the EFIP website -
selecting Turkey in the country field.
Having said this, it
always pays to salman@realestatekusadasi.org
as some of our recommendations will sell out
almost instantly as they usually come with
very lucrative discounts.
The above information and
estimates are prepared to the best of our
knowledge. Edison Ford accepts no liability
for errors or omissions.
Property rent a
tax
Firstly, you can rent it out and earn rental
income. In that case, you are to pay a
personal income tax.
Personal income tax (based on rental income
and capital gains)
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