Taxes when buying real estate abroad: strategies and risks
- Tax optimization when purchasing real estate abroad
- Transaction structure: individual or legal entity?
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- The tax system for companies in Germany
- Tax optimization when investing in real estate
- Taxes and international business: important aspects
Georgy Kachmazov, researcher and data expert, emphasizes the importance of of structuring transactions to optimize taxation when acquiring income-producing real estate abroad. Taxes play a key role in the costs of owning investment assets, so measures are needed to reduce them in order to maximize returns. reduction measures are needed to maximize returns.
In various countries, including Russia, there is a tightening of tax laws and requirements for financial transparency. This highlights the importance of complying with tax norms and regulations. Since 2018, the tax authorities of the Russian Federation have been automatically receiving information about citizens' foreign bank accounts.
Key aspects of taxation when investing in foreignreal estate:
- Choice of ownership form:The distinction between an individual or legal entity significantly affects the level of taxation.
- Advantages of registering as an individual:The absence of business operating expenses and lower tax liabilities upon the subsequent sale of assets.
- Benefits of registering a legal entity:Possible exemption from taxation on dividends and capital gains in the case of strategic participation.
After choosing the ownership structure, it is important to consider a number of factors, including the size of the deal. There is no universal solution here; each transaction requires an individual approach depending on the specific circumstances. The decision should take into account the current tax rules and rates in order to make the best choice and minimize losses.
It is also important to consider possible tax optimization techniques, such as the choice of country of incorporation and the use of international tax treaties. These tools can have a significant impact on the ultimate tax burden and the overall profitability of the investment.
For successful management of tax obligations, it is important to have professional advice and support from experts familiar with local and international tax legislation. This will help avoid unexpected tax risks and maximize financial benefits from investments in foreignreal estate.
In conclusion, proper planning of tax aspects is an integral part of a successful investment strategy abroad. It allows for an informed choice of structure.
For buyers of real estate priced at up to 1.25 million euros, it is often recommended to conduct transactions in the name of an individual to avoid overpaying. However, in some countries, the tax rate for individuals can be higher and increase with rising income. If the purchase price exceeds 1.25 million euros, it is usually more advantageous to establish a legal entity due to the lower corporate tax rate and the possibility of tax optimization. This is because, with an average yield of 5% on European real estate, the income from a property valued at 1.25 million euros can exceed the average tax rate.
Examples of taxation in Germany
For example, in Germany, individuals can pay up to 40% tax on income over €50,000 per year, while for companies this rate is only 15%. per year, while for companies this rate is only 15%.
Advantages of registering real estate under a company
When purchasing multiple properties, it is often better to register them through a company, despite the additional costs of maintaining it, in order to avoid high personal taxes, especially if the company and its owner are tax residents of different countries, which prevents double taxation of dividends.
Preparation for the deal
Before signing the deal, it is advisable to conduct financial modeling and consult with tax experts for the best structuring of the transaction.
Tax obligations of property owners through a company
- Tax on rental income
- Accretive value on sale
- Property and land tax
Inheritance tax is often not applied, and dividend tax can be avoided through reinvestment.
Special tax requirements for Russian investors
Additionally, for investors who are tax residents of Russia, it may be necessary to pay tax on profits from controlled foreign companies (CFC).
In Germany, the tax system for companies is a complex structure with several In Germany, the tax system for companies is a complex structure with several key aspects that influence the final tax calculation. Let's look at an example of a tax calculation for a real estate company to find out which factors and variables affect the tax liability. liabilities.
Basic taxation scenario
Let's assume that the company has real estate worth 500,000 euros and an annual rental income of 30,000 euros. To calculate the taxable base, we will consider various deductions, such as building depreciation at 2% (10,000 euros per year), mortgage interest (50% LTV, 2% per annum) with a deduction of 5,000 euros, as well as interest on the founder's loan (50% LTV, 4% per annum) with a deduction of 10,000 euros.
Thus, the company's taxable base after all deductions will amount to 20,000 euros per year.
Calculation of corporate tax
In Germany, the corporate tax rate is 15%. Therefore, the company must pay 3,000 euros of tax.
So, the total amount of tax that the company has to pay will be 3,165.82 euros.
Income after taxes
After paying taxes, the company's annual income will be €26,834.18 (€30,000 - €3,165.82).
Effective tax rate
The effective tax rate is approximately 10.55% of annual rental income.
Minimization of tax liabilities
It's important to noteThe interest rates on the founder's loan can be adjusted to minimize tax liabilities. By increasing the interest rate on the founder's loan, it is possible to reduce the effective corporate tax rate to zero.
Capital gains tax
- Real estate sale (asset deal): the tax is calculated as the difference between the sale price and the book value of the property.
- The sale of a company that owns real estate (share deal): the book value of the real estate is not taken into account when calculating the tax; only the income from the sale of the company's shares is important.
For example, if the property was purchased for 1 million euros, owned for three years with an annual depreciation of 2%, then the book value after three years will be 940,000 euros. If the selling price is 1.1 million euros, the capital gains tax will be calculated on the difference of 160,000 euros.
Choice between asset deal and share deal
The choice between these options affects tax obligations and can be made based on the specific circumstances of the transaction and tax management strategy.
Thus, property taxation in Germany requires careful analysis of various factors and can vary significantly depending on the chosen methods and structure of transactions.
In the field of international business and investments, a key aspect is the proper declaration of income and payment of taxes. Companies registered in a specific country must comply with the laws of that country and agreements to avoid double taxation.
Tax obligations and agreements
In addition to basic taxes, there are other tax liabilities related to double taxation treaties. avoidance of double taxation. Such agreements prevent double taxation, but do not exempt from paying taxes in the country of residence.
Calculations and additional payments
A Russian citizen earning income abroad may face additional tax payments in Russia if the tax rate abroad is lower. If the tax rate abroad is higher, it is sufficient to just declare the income in Russia.
Real estate and taxation
Property abroad can affect tax obligations. For example, when registering real estate through a company, there are additional costs associated with paying dividends or loans to the founder.
- Dividend payout:the difference in income tax rates between Russia and abroad.
- Payment of the founder's loan:the difference in interest rates on loans.
- Income without dividend payments:the difference in taxes between countries.
Taxation of individuals
When registering real estate in the name of an individual, a 13% personal income tax rate applies. If the effective rate abroad is lower, the difference must be paid in Russia.
Optimization and consulting
The correct execution and declaration of foreign property plays an important role in and surcharges
A Russian citizen earning income abroad may face additional tax payments in Russia if the tax rate abroad is lower. If the tax rate abroad is higher, it is sufficient to just declare the income in Russia.
Real estate and taxation
Property abroad can affect tax obligations. For example, when registering real estate through a company, there are additional costs associated with paying dividends or loans to the founder.
- Dividend payout:the difference in income tax rates between Russia and abroad.
- Payment of the founder's loan:the difference in interest rates on loans.
- Income without dividend payments:the difference in taxes between countries.
Taxation of individuals
When registering real estate in the name of an individual, a 13% personal income tax rate applies. If the effective rate abroad is lower, the difference must be paid in Russia.
Optimization and consulting
The proper registration and declaration of foreign assets play an important role in
Conclusion
In this article, we discussed the importance of tax optimization when investing in income-generating real estate abroad. Taxes play a key role in the expense structure of investment properties, and without effective tax strategies, one can significantly lose profitability.
The tightening of tax legislation and requirements for information transparency in Russia and other countries are forcing investors to pay more attention to the selection of tax strategies.
Physical or legal entity?
One of the top priorities for an investor is the choice between registering real estate as an individual or a legal entity. This decision directly affects the amount of tax payments, as the rates and conditions of taxation differ for companies and private individuals.
- Registration for an individual:It is recommended for real estate valued at less than 1.25 million euros. This helps avoid additional costs for maintaining the company. However, it is important to consider the potential increase in tax rates with rising income.
- Registration for a legal entity:It is more preferable for transactions worth over 1.25 million euros. Here, the lower corporate tax rates offset the costs of maintaining the company and provide greater flexibility in tax planning.
It is important to consider the individual circumstances of each transaction when making a decision about tax strategy. Preparing a financial model in advance and consulting with tax specialists will help make the right choice.
The choice between an individual and a legal entity for owning real estate abroad is an important step in the tax planning of investments. The effectiveness of the tax strategy and the overall return on investment depend on the correct choice of structure.
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