Legal
and Property Taxes

Bulgaria
is a politically stable country, and the introduction of a currency
board in 1997 stabilised the country's economy. However, as is the
case elsewhere in Central and Eastern Europe, legislation, including
that governing real estate, is volatile and subject to frequent change.
A foreign investor can invest in properties in Bulgaria either
directly or through a local entity. Only Bulgarian-resident individuals
and entities can acquire title to land, while non-residents may
acquire only buildings and limited rights (e.g., leasehold and construction
rights) to land. In some limited cases, acquisition of immovable
property by non-residents requires prior permission of the Ministry
of Finance.
Foreign investors are guaranteed full repatriation of profits resulting
from an investment in Bulgaria. The transfer abroad can be made
only after the bank effecting the transfer is presented a certificate
proving payment of all Bulgarian taxes due.
Bulgaria has one of the most liberal foreign investment laws in
the region. Foreign investment typically assumes one of the following
forms: establishing a joint venture with existing companies, state-owned
or private; acquiring a company through privatization; setting up
a new (green field) venture; or making a portfolio investment. Portfolio
investment has been minimal given the relative lack of development
and inefficiencies of the capital markets.
The most common type of organization for foreign investors is a
limited liability company. Other forms are companies limited by
shares (joint stock companies), joint enterprises, business associations,
general partnerships, limited partnerships, and sole proprietorships.
The law does not limit the extent or amount of foreign participation
in companies. Foreign companies have the right to open deposit accounts
in hard currency and Bulgarian leva.
Property Taxes:
Transfer taxes
The transfer is subject to notary and municipal fees. The notary
fees are paid on the higher of the market price or the book value
of the property at varying rates, specified in a special chart.
In addition, 2% of the market value of the property is paid to the
municipality where the real property is located.
Value Added Tax
Transactions with land and lease of property for residential purposes
are exempt from Value Added Tax (VAT). All other real estate transactions
are subject to VAT at the uniform rate of 20%. The buyer/lessee
is entitled to a VAT refund, provided that it is registered for
VAT purposes.
|