Panama Real Estate Laws

Buying Properties in Panamábenefits from lower property taxes (or possibly no
The following is general information on purchasing realproperty tax if the registered value is below $30,000),
estate in Panama. The different categories of landbecause the registered value does not reflect the
make it imperative to engage professionals for moreactual purchase price.
detailed information. Real estate laws on the mainlandThe "Preferential Interest Law"
can be quite different than those on islands, coastalThere is a law called the "preferential interest law",
areas, and areas near national borders.which offers special low interest rates, under the
Before handing over any money, make sure youfollowing conditions:
consult with a professional and do a proper due1- The buyer must be a first time buyer,
diligence investigation over the property. It is important2- The property being purchased must be newly
to understand the rules and process your propertyconstructed,
transaction correctly.3- The unit must be for residential purposes,
The first step is to find a Panama property you like,4- The amount being financed must be in the range of
and negotiate the price and terms of the sale with theUS$25,000 to US$62,500, after the down payment,
seller (or Panama real estate broker). Second, you5- The financing cannot be more than 95% of the
should seek a qualified attorney in Panama to handleappraised value,
the due diligence and title search on the property,6- The property must be titled,
putting your Panamanian attorney in contact with the7- The loan must not exceed a 15 year term. This is
seller or real estate broker to gather copies of theregulated under Law No. 50 (October 27, 1999), which
property title documents and survey (if available). Third,partially amended Law No. 28 (June 20, 1995) and
have your attorney prepare a Promise to Buy/SellCabinet Decree No. 44 (1990), stipulates that the
Contract to lock in the property sale and secure thebenefits to the lending institutions are as follows:
terms agreed upon (a deposit of 10% is usually(a) 4% discount (also a tax credit to the financial
required by the seller upon signing the promise to buyinstitution) off the maximum fixed interest rate, which is
sell contract), plus this gives you time to do the dueestablished by the Superintendent of Banks, will be
diligence and get your funds into the escrow account.awarded if the loan value is for more than $25,000.00
Fourth, once the attorney has confirmed the propertybut less than $62,500.00,
title is clean, then the final closing is scheduled, where(b) 5% discount (also a tax credit to the financial
the buyer/seller sign the final Buy/Sell Contract. Fifth,institution) off the maximum fixed interest rate, will be
payment is made to the seller, broker, and attorneyapplicable if the loan is for less than $25,000.00.
from escrow (in some cases, buyers/sellers agreeAbout the Government Property Taxes
that payment is made after the public deed of theProperty taxes are only levied on properties that have
property is transferred and registered into the buyersa registered value of US$20,000 or more (registered
name). Sixth, the Buy/Sell Contract is registered at thevalue is the value stated on the public deed that is
Public Registry where they transfer the property titleregistered at the Public Registry). The maximum annual
ownership from the previous owner to the newproperty tax is 2.10% of the registered value of the
owner.land (land value under US$20,000.00 is exempt of this
Advantages by putting the property in the name of aparticular tax, as per Law # 36 of 1995). Property tax
corporation:is also levied on the declared value of the building
1- The corporate veil protects the property from anyimprovements on the land, however, the laws in
attacks from creditors or frivolous lawsuits againstPanama offer tax exonerations for building
your personal name.improvements for up to 20 years (this was
2- When you go to sell the property, you can simplyimplemented by the Panamanian government to
sell the corporations shares, saving you a 2% propertypromote new construction, which makes up a large
title transfer tax, and possible Capital Gains Taxes,portion of Panama's overall GDP). New properties
3- When you go to sell the property, the buyercompleted by 31st August 2006 will have a 20 year
benefits because the buy/sell contract does not haveproperty tax exemption. Possession Rights properties
to be publicly registered, saving the buyer closing costsdo not incur property taxes, since the property
4- When you go to sell the property, the buyertechnically belongs to the government of Panama.