Taxes on house sale
Hi can anyone advise me please . I payed 18500 lev ( 10500 euros ) plus taxes and cost s came to a considerable amount more . I sold it at a huge loss last year for 5608 euros . I have been told by my accountant in Bulgaria that I must pay 1,750 lev ( approx. £750 ) capital gains tax . When I queried this I was told that when I bought the house they said that i only paid 2000 lev for it to keep the Notarie s fees low . I have an email stating the price I paid and the extra costs in English but most documents are in Bulgarian . Nothing was told me at the time about theses fees and I was led to believe the cost of the house was as it said in the letter . Has anyone experienced this and do you have any advice . Thanks
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The answer is that the civilized world has rules and laws and Bulgaria does not license contractors, Real Estate Brokers etc.  Caveat Emptor.
i made the same cock up on my first property, you might even find that the agreed price with the seller was actually what you paid for it and the rest was split between them and you cant really go and prove this as the Notary has the legal documents giving the lower figure, they are thieves just like any other authority anywhere in the world.
And you will pay capital gains if you sell within 5 years or it was...everything they do is about the £...
costly mistake i know...
I definitely understand your frustration, especially as it rather "adds insult to injury" after having to sell your house at a loss in the first place. (Or perhaps after twigging, some years after the event, that an unscrupulous lawyer/real estate agent - there are many of both - took advantage of you.)
However, I am surprised that you had not considered the "real price" vs. the "declared price" issue as this is not something unique to Bulgaria, there are many countries where this takes place.
Why? Because the seller can reduce his capital gains tax (so if he gains, you lose later)… and the buyer saves on the transaction fees (in many countries it's custom for the buyer to pay the transaction costs and transfer taxes, so you did save money on the purchase because of the lower declared value). The buyer also saves on annual property taxes because it's based on the purchase price.
I think that saying Bulgaria allows this is quite harsh. The law is clear that the correct price must be stated, and there are penalties for not doing so. However, it is a very common practice (not just in Bulgaria), and a little hard to enforce (as long as the declared price is not completely crazy, like buying a flat in Sofia for 50 euros/m2 when the normal price level is more like 1200 euros/m2 say).
Also, even though the notary deed is in Bulgarian, the price is clearly stated in leva (so it is quite easy to see what the declared price is).
However, even though it's illegal, it's still quite common in Bulgaria, and many sellers will insist on it. There are even reputable construction companies building new apartment blocks that will under declare the price and require a wedge of cash delivered to their offices. I think while most of us would agree it's a "bad thing", in practice it's something than many buyers will experience in Bulgaria.
Part of the appeal is that it's one of those "victimless" crimes where the victim is the government... and people tend not to get too worked up about it. Is it "fraud"? Well, yes, as far as the government is concerned (hence why it's illegal). But I don't think you were a "victim of fraud" as you state. (Or, you may have been because the intermediary took a massive commission, but not by virtue of the under declaration itself.)
The good news is that the amount is relatively small. And you certainly did save some money on the transfer taxes... and some money on your annual taxes while you owned the property... so it's not all bad news.
If you've gone back to dear old Blighty (or other EU country) and don't intend to return, I'm sure you can sleep soundly, knowing that there's no way Bulgaria will chase after you for this "debt". For anyone with other interests/properties in Bulgaria, then they'd have to pay up.
Overall, while I know it's easy for me to say that it's not a lot of money, in the grand scheme of things it isn't. 750 euros doesn't buy much these days (as you've no doubt found if you've moved back to the UK). It's certainly not enough to lose sleep over. I think it's one of those times you write it off to experience, and move on.
Don't think you're alone, many of us will have lost a bit of cash to unscrupulous "workers". In many places they think we're "rich gringos" and can afford it!
I think the fact that you house sale was recorded at full price means perhaps there is some progress on the under declaration problem.
Checking the accountant calculation: 5608 euros (sale price) = 10,994 leva. Official purchase price = 2,000 leva. Gain 8,994 leva. 15% tax = 1349 leva. = 616 £
I believe this gain is only taxed if you a non-resident Brit (using it as holiday home). I think residents/Bulgarian are exempt if its your main residence and held for more than 5 years.
I was speaking to you before and have sent you a private message, I'm not sure if you got it?
I have been reading this thread with interest.Â
I am in the process of selling a 1 bed flat that I have been using as a holiday home for 12 years or so. The company that I bought off say they have found a buyer and have offered me a Nett amount of Euros after all commission and fees. I have this information by email only. They have sent me a PoA to sign to allow either of 2 of their staff to complete the sale for me. However, I am concerned that the PoA says nothing about the sale price (in fact I do not know the sale price, only the Nett price to me) or who it is being sold to and seems to allow them to sell for any amount of money. I can get this changed to include a minimum sale amount I think. But I think I should also have a contract with them as agency showing the amount I will receive - is this normal practice?Â
Also, its not clear if I would have to pay anything extra such as the Capital Gains you are speaking of if the authorities could come after me for any other costs. I originally purchased in 2008, but have also a notarised deed from 2010 where I bought out my ex partner - that does have a realistic statement of the value of the apartment in Lev - I assume this would be valid as the most recent title deed in terms of proof of value - the current sale I would doubt is any higher than this, or only minimally.
Any advice would be really helpful as I have yet to sign and get notarised the relevant documents so I have time to avoid being conned or taken advantage off. I am doing the transaction from the UK
Thanks in advance
You buy a property for E30,000 and the deed says you paid E4,000.  When you sell , the Broker wants a POA, will pay you E20,000 and sell it to the new owner for E30,000 plus a 10% commission. You will then be liable for the taxes between E4,000 and E33,000 at 22%.Â
I hear this story every day.  There is no licensing or regulations for brokers in Bulgaria. Finding a credible attorney and a notary is a must. Pay the E500 to get the right advice.
I had a house built about 9 years ago but am now in the process of selling it for £80,000 odd. I had it built by a builder who was always paid cash by me ( roughly the same £80,000).
I have NO receipts available. . Am I going to be stung for capital gains here?
I’m not even going to mention the mortgage payments paid over the years for it .
Are there any ways around this ?
I bought in 2016 for 115000 euros (100000 declared at notary that I was aware of ) via a Company - as was required for foreign buyers purchasing property with land.
I am now in the process of selling for around the same 100000 euros mark. Never received any VAT back at anytime.
does anyone know what tax I will need to pay? There will be no profit but I’m not sure if there are different rules for Companies (which I know I will have to pay to liquidise).
@cherylcollier400
None
I bought in 2016 for 115000 euros (100000 declared at notary that I was aware of ) via a Company - as was required for foreign buyers purchasing property with land.
I am now in the process of selling for around the same 100000 euros mark. Never received any VAT back at anytime.
does anyone know what tax I will need to pay? There will be no profit but I’m not sure if there are different rules for Companies (which I know I will have to pay to liquidise).
-@cherylcollier400
if there has been no gain - and your paperwork reflects that ie correct prices declared - there should be no tax to pay in that respect. Other taxes and fees will depend on your lawyer/agent/notary. What area is your property in?
Hi Guys,
I'm sorry to drag up this old thread, but after a conversation last night with someone I may be buying a property from, I need some advice.
This is a private purchase, no agent involved. The property was bought by the current owners about 14 years ago, for 50k euros. Its currently advertised for £39500, which at today's rate is around 46k euros.
When they bought the house it was fully furnished and the seller asked them for 15k euros in cash and the price of the house at 35k euros.
They were informed that this was common practice in Bulgaria and the seller told them that the 15k euros was for the furniture.
In the conversation last night they asked if I would do the same, to save them paying too much tax.
I'm not entirely happy about this, but I wanted to clarify something. I may be wrong, but surely when you sell a house, you only pay tax on profit.
The house being down valued to 35k euros when they purchased and sold at 46k euros, will officially give them a profit of 9k euros, so I'm assuming a tax bill for 900 euros.
They have done some work on the property, so I would expect that if they have receipts, they could use those to offset the tax, as that reduces their profit.
Am I correct in this assumption, or am I completely off the mark?
As far as Im aware, the tax of 10% is only paid on any profit they make. If they sell at a loss there is no tax to pay.
From what Elaine says, the house is being sold now for 46k but is shown as being bought for 35k (+ an extra 15k for furniture that wasn't mentioned on the official documents). So that would show a 9k profit, presumably less whatever they've spent improving the property.
I don't see anything dishonest with the sellers doing the same thing and dividing what you pay between the actual property price that's declared at the notary and a separate agreed price for the furnishings. It also means you won't be paying higher council tax because of the furniture, dog beds, etc. It's not unusual to see houses advertised with two prices, one without furniture and fittings and one with them.
According to other comments further up the thread, if they have resident status and it's been their main home for 5 years, there shouldn't be any tax on profits, anyway. I don't know this for sure or whether that was someone muddling up UK law, where that is the case, with Bg law where possibly it isn't.
@janemulberry
Hi Jane that's interesting point about the 5 years.
Can anyone confirm if that's correct?
Also regarding proof of improvements, do they have to be carried put by a tradesman, or can you claim for materials, if you do the work yourself?
I don't know, but I think if they have evidence of money spent it should count against profits. I'm not planning to sell my house but I'm saving all the receipts just in case. Harder to prove the labour costs though as they've all been paid in cash.
A quick Google suggests that if they have Bulgarian residence and have lived in the house as their primary home for 3 years and are moving to a different home in the EU, they should be tax exempt. Though it's a little confusing, as if they return to the UK they might have to pay the CGT on it in the UK instead.
From a Bulgarian law firm's site:
Capital Gains Tax
The rate of tax on capital gains in Bulgaria is a flat rate of 10 percent. Capital gains are usually taxed as income; however the following assets are exempt:
Any one residential property per year, regardless of when acquired if used as the main home or not, if owned for more than 3 years.
Two properties which have not been the taxpayer’s main residence, if owned for more than five years.
Any number of agricultural and forest estates provided they have been owned for at least five years.
Cars and other road vehicles, aircrafts and vessels owned for at least one year.
Assets received by gift.
Certain types of movable property, including shares in a Bulgarian quoted company.
Foreigner residents of Bulgaria
For a foreigner resident disposing of property there may be no tax liability in Bulgaria, but their capital gains tax will be due on the gain (calculated under their country of residence rules).
In Bulgaria, it is not uncommon for the lower valuation of the property used to calculate the local taxes to be put on the title deeds. This is often significantly lower than the purchase price and means that any eventual gain for worldwide purposes will be higher because a lower price was used on this title deed. Thus, individuals often end up paying tax they don’t need to pay.
@janemulberry
That's really helpful. Thank you 🙂
@janemulberry
That's quite correct. I sold 2 properties a couple of years ago, at a decent profit, and paid no tax on the deals.
It's daft to lie about property prices when buying or selling, and trying to fiddle tax is a very poor way to start a new life in another country. It can cut both ways though: about 10 years back I bought an apartment at a seriously good price; the real price was written into the notary deed, but I still ended up paying more tax than was actually due because the "correct" market price was used to calculate it, regardless of how much I in fact paid for it. I didn't complain too much!
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