Legal Services:
Property Tax (Impuesto Sobre La Propiedad)
Real estate in the Dominican Republic is subject to an annual property tax (“IVSS”) of 1% of appraised market value in excess of RD$5,000,000 pesos, payable every year on or before March 11. For more details...
Real Estate Transfer Tax (Law 33-91) Once a property has been purchased, the following will need to be delivered at the DGII in order to request authorization to pay the transfer tax:
Original of the Sales Contract
Seller property Title Certificate
Seller Personal Identification
Buyer Personal Identification
Transfer Tax Procedure Lawyer Fees
Buying Property in the Dominican Republic Real estate transactions in the Dominican Republic are governed by Property Registry Law No. 108-05 and its Regulations, in force since April 4, 2007. Ownership of property is documented by “Certificates of Title” issued by Title Registry Offices, steps involved in a Real Estate Transaction including:
Promise of Sale, Deed of Sale (“Contrato de Venta”).
Determination and Payment of Transfer and Registry Taxes
Filing at the Registry of Title
Certificate of Title
Due Diligence
Title Search
Survey
Inspection of Improvements
Permits
Possession
Employees
Utilities
Taxes and Expenses on Property Transfers
Property Taxes
Title Insurance
Purchase of Real Estate by Foreigners
Inheritance of Real Estate by Foreigners
Real Estate Agents
“Deslinde” Procedure Necessary for Real Estate Transactions after April 4, 2009 (ENGLISH) the new Property Registry Law (Law #108-05) that has been in effect since April 4, 2007, and its enabling regulations, have drastically changed Dominican real estate law. One essential element of this modernization has been the requirement of a “deslinde” for all real estate transactions: purchases, sales, mortgages, condominium formation, etc. For more details...
Dominican Foreign Investment Law 16-95 The Law 16-95 allows almost any type of foreign investor, without the need of prior approval from the Central Bank, to buy through the commercial banks the foreign currency needed to remit abroad all the capital invested and the dividends obtained from the investment. These provisions entailed a substantial amendment of the regime applicable to foreign investments that led to... For more details...
Retirement in Dominican Republic Incentives for Pensioners and Rentees - Opting to retire in the Dominican Republic, Pensioners Rentees from foreign countries can count on the New Law 171-07, Special Incentives law for Pensioners and Rentees that would give them ample benefits in the Dominican Republic of low taxes and peaceful living. For more details...
Inheritance of Real Estate by Foreigners
There are no restrictions on foreigners inheriting title to real property in the Dominican Republic. Inheritance taxes are a 3% of the appraised value of the estate.
Dominican Residency
In order to obtain the Dominican Residency, the following steps and documentation are necessary:
- Medical tests (blood, urine and chest x-ray), performed in Santo Domingo, with assistance of one of our representatives.
- Original Birth Certificate
- Original Marriage Certificate (if applicable)
- 8 front photos size 2X2 and 4 profile photos size 2X2 (covered shoulders, without earrings, glasses, etc.)
- Color photocopy of the passport (from first to last page)
- Proof of any investment made in the Dominican Republic or bank references stating that the person has enough resources to live in the country without being a charge for the state.
After the documentation is filed at the immigration office it takes from 3 to 4 months to obtain the Provisional Residency, which is valid for one (1) year. The applicant receives a Provisional Residency Card and an Identity Card (Cédula de Identidad).
Permanent Residency
After one year of being a provisional resident, the following steps and documentation are necessary to obtain the Permanent Residency:
- Original Provisional Residency Card
- Medical tests (blood, urine and chest x-ray), performed in Santo Domingo, with assistance of one of our representatives.
- 8 front photos size 2X2 and 4 profile photos size 2X2 (covered shoulders, without earrings, glasses, etc.)
After the documents are filed and approved by the immigration office, the applicant receives a Permanent Residency Card, valid for 2 years and renewable for 2 years periods.
Incorporation a Company under Dominican Law
The following information should be provided to the incorporating attorney in order to proceed with the incorporation process:
Particulars of the shareholders (full name, nationality, occupation, marital status, address, and passport numbers or Dominican Identity Cards (cédulas). The Dominican Law requires a minimum of seven shareholders to incorporate. Most Dominican corporations meet this requirement by including nominee shareholders holding a symbolic share each in the company. Nominees are generally provided by the law firm doing the incorporation.
Possible names and domicile of the corporation.
Authorized capital of the corporation. The authorized capital is the amount considered necessary and sufficient to fulfill the corporate object. It is based on this amount that the incorporation taxes are calculated. A corporation must have at least 10% of the authorized capital paid-up before starting operations.
Corporate object.
Management Structure
Types of shares to be issued. Shares may be "nominative" – transfers are registered in the corporate books which must be signed by the parties; "to the order," which may be transferred by simply endorsing the stock certificate; or "bearer" shares which are transferred by the physical delivery of the stock certificate.
Dominican corporations are subject to the following taxes:
Income Tax. The income tax rate for Dominican corporations is a flat 25% on net income. Interest on debt is tax deductible. Law #557-95 temporarily raised the tax rate to 30% for the year 2006, 29% for 2007 and 27% for 2008. In 2009, the tax rate will revert to 25%.
Tax on Assets. Corporations must pay an annual 1% tax on their assets ("Impuesto sobre Activos"). This tax functions as a kind of minimum tax since amounts paid are deducted from the amount due for corporate income tax.
Value-Added Tax ("Impuesto a la Transferencia de Bienes Industrializados y Servicios - ITBIS") most corporate transactions are subject to a 16% valued-added tax ("ITBIS"). Corporations must also act as withholding agents for dividends, payroll and other taxes.
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