Law 66 (2017): Property Taxes – part 1

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Law 66 (2017): Property Taxes – part 1

Law 66 (2017) was finally published on October 17, even though it had been approved by the Legislature almost a full month beforehand.  This law introduces two impactful changes to property taxes, as well as giving property owners a moratorium until December 31, 2017.  I will deal first with the Moratorium, and then will get into the details of the changes introduced by Law 66.

Moratorium (in effect already):

Effective immediately, Law 66 (2017) brought into effect a moratorium on penalties and interest due on property taxes. Property in Panama is taxed yearly, payable in 3 equal parts (April 30, August 31 and December 31 each year). Failure to pay on time automatically incurs in a 9% interest per annum, plus penalties. Many property owners opt to simply allow the tax  and interest to accrue until they are ready to sell the properties, as the Tax Department has not been effective in collections. We are seeing this change with the modernisation and computarization of the Tax Department.

Also note:
if you pay your property taxes each year (a single annual payment, rather than in 3 parts) before the end of February, you can receive a 10% discount on the total amount of tax due.

Apply for Moratorium:

This moratorium is easy to apply for (it must be applied for, it is not “automatic”) through the Tax Department’s online system: eTax2. Basically, you log into the property with it’s tax ID number and NIT (password or code) and then simply press the button that appears for (Moratorium).  This will provide you with the total amount which is due, excluding the penalties and interest, so that you can proceed with the payment.  This has to be done for EACH property individually through the system, it cannot be done through the owner’s tax ID.  If you do not know your property’s tax ID or NIT, then you need to get this through the online system or set it up so that you have access to this before you can apply.

It is imperative that payment of the taxes be made before the end of the year if you want to take advantage of the cancelling/exemption from the penalties and interest which may be due.

This moratorium ends December 31, 2017.

Law 66 (2017) – the principal changes introduced:

The principal changes which are introduced by Law 66 are a reduction in property tax rates. Until this Law, Panama’s property tax was as high as 2.1% – which means that a property worth $500,000.00 could pay as much as $10,500.00 in property tax each year (almost $1,000.00 a month). Obviously, a $2,000,000 property would pay $42,000.00 a year. Under the new law, coming into effect on January 1, 2019, the maximum rate, even for commercial or industrial property is 1%, less than half the previous rate.

Primary Residence / Family Home

Until now, any home or property valued at least than $30,000.00 paid 0% property tax in Panama, and then above that taxes were due on a sliding scale, starting at 0.7%. This 0.7% is now the highest rate for a family home or primary residence (starting January 1, 2019). The $30,000.00 exemption is still recognised on all properties (as long as the total value of the property – land + improvements – remains under $30,000.00.  However, over the $30,000.00, where the property (land and improvements) is worth less than $120,000.00 and is your family home (as defined by the Family Code) or primary residence (for a single person or others who don’t qualify as “family”), then you are entitled to the 0% property tax rate.

If your property is worth MORE than $120,000.00, then there are 2 brackets:

  1. over $120,000 but less than $700,000; and
  2. over $700,000.00

Law 66 (2017), property taxes, tax rates, tax exemption, primary residence, ,family home, homestead, moratorium, exemption, property tax

For a property (land and improvements) valued at less than $700,000.00 the applicable tax rate will be O.5%.  Over $700,000.00 the applicable tax rate will be 0.7%.  These, however, are sliding scales, which means that from $0.00 to $120,000.00 you apply the 0%, then from $120,000 to $700,000 you apply the 0.5% rate, and then whatever the value is over $700,000, you apply the 0.7% rate.  See the following example:

Law 66 (2017), property tax payable, property value, tax rate, calculate tax payable

It will be necessary to present documentation to the Tax Department certifying that this property is your family home or primary residence for this special tax rate to apply under Law 66 (2017). It will not be automatic and it will not be retroactive (if you forget to apply and then apply later).

Second residence, holiday homes, commercial & industrial properties

For those properties that do not qualify as a family home or primary residence, the tax rates are also reduced as of January 1, 2019.  The applicable rates are the following:

  • 0.0% – up to $30,000.00
  • 0.6% – from $30,000.00 to $250,000.00
  • 0.8% – from $250,000.00 to $500,000.00
  • 1.0% – over $500,000.000

As explained for primary residences, this is sliding scale, so calculation is necessary for each range of values.

What about my Tax Exemption that I already have?

Law 66 (2017) also contemplates those cases (primarily new condos and homes) where they have an existing property exemption on the improvements (such as the 20-year exemption). In these cases, the properties are grandfathered into those exemptions until they expire.  So, if you property exemption on the improvements is in place until 2025, the new tax rate will come into effect for you in 2025, rather than on January 1, 2019. The land (in the cases of such condos) will continue to pay the 1% rate that is applicable until such exemption expires.

Final notes: first home buyers & mortgage holders

Two more interesting notes:

  1. First home buyers: for the first 3 years will have an exemption on the property value up to $300,000.00 (not just $120,000.00) on their primary residency / family home. At the end of the 3 years, the usual rates will apply.
  2. Mortgage holders (banks, mortgage companies, trust companies)  will be responsible for charging the home owner (as part of their monthly payments) their property taxes due and paying these in directly to the tax department on behalf of the property owner.

We originally wrote about this topic as Bill 509, before it had come into effect or was published.

Property taxes – Panama Real Estate

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Property taxes – Panama Real Estate

Property Taxes: Types

When you are thinking about retiring, the last thing you want to deal with are the details. But the devil is in the details, and one of the details you need to clearly understand is property taxes in Panama.  There are a number of property taxes in Panama, but the principal ones that you need to be aware of are:

  • Annual property tax
    • land tax
    • improvements tax – or tax exemptions
  • Transfer Tax (2%)
  • Capital Gains Tax

Annual Property Taxes – Land Tax & Improvements

Whether you own an apartment or a house, you need to know what taxes are going to be charged by the Panamanian DGI (Dirección General de Ingresos) each year. We recommend that before you buy, you ask the sellers for the tax statements so that you can see the history of what they have paid each year. You should also ask what is tax exempt and when the tax exemption runs out. As I said above, the annual property tax has two parts:

  1. land tax
  2. improvements tax or tax exemption

The land tax

There is a difference between owning a condo and owning a house. The property taxes are the following:

  • Condominium: you will pay 1% of your proportional value of the land under the building.  Say the land is worth $1,000,000 and there are 84 apartments in the building: you are responsible for $11,904.76 in land value. Your 1% per annum is: $119.05.  Whatever the value of your assigned piece of the land, your tax rate will always be 1%.
  • House – land taxes: This is a little more complicated! The first $30,000.00 in value is exempt from taxes. Then the following rates apply:
    • 1.75% = $30,000 < and up to $50,000.00
    • 1,95% = $50,000 < and up to $75,000.00
    • 2.1% anything over $75,000.00
    • So, if the land value of your property is $85,000.00 you will pay: $0.00 on the value between $0.00 to $30,000.00; 1.75% on $20,000.00; 1.95% on $25,000 and 2.1% on $10,000.00. Which is about $1,050.00 per annum in property taxes.

What you need to look out for is cases, which I have seen, where the previous owner, in order to get a reduction in 2005 or so on their capital gains tax, did a property appraisal and pushed the value of the land up over $250,000.00, and at these rates, the property taxes each year are about $4,500.00! This means that you will pay in April, August & December about $1,500.00 in property taxes.

Improvements Tax or Tax Exemptions

The other part of the equation in calculating your property taxes is the tax on the improvements. There are many properties that have a 20-year tax exemption on the improvements, and so for now you only have to pay the land taxes. But the questions to consider are:

  • Are the improvements exempt?
  • If so, when the tax exemption expire?
  • What is the tax rate after the exemption expires?

So, if you purchased an apartment in a building that was built in 1996, the 20-year tax exemption would already have ended and you would need to pay property taxes on the land and the apartment itself. That is why you find so many people prefer the new buildings, even though the older buildings are much more spacious and possibly better construction (depending on the building and the year of construction).

Sale of a Property: taxes due

When you go to sell a property, there are 2 taxes which need to be paid:

  1. Land transfer tax
  2. Capital Gainst tax

Land Transfer Tax:

The land transfer tax is based on 2% of the higher of the two values:

  • the tax basis value in the DGI system
  • the sale price value

The Tax Department always wins – they will collect on the higher value!

Capital Gains Tax:

The 2nd tax payable at the time of the sale is the Capital Gains Tax:  10% of the value of the gain.

BUT… and as everyone says, when you see the word “but” just ignore everything you heard before the word: the tax department requires you to prepay an estimated 3% tax on the value of the sale to cover your capital gains tax.

  • Your purchase price: $270,000.00
  • Your sale price: $320,000.00
  • Your gain: $50,000.00
  • 10% of the gain: $5,000.00
  • 3% value of the sale: $9,600.00

At the time of the sale, you will pay the tax department $9,600.00 in Capital Gains Tax.  As you look at this, you might think “that’s unfair!”, but your only option is to ensure that your lawyer does the paperwork right and requests a refund of the overpayment of the capital gains tax! This process is some 3-4 years long – and some clients simply walk away.  The Tax Department pockets the difference.

On the other hand, if you made a large gain, there is a box that you can tick, stating that this is your “final return” on the transaction, and that is the complete amount of capital gains tax that you owe. You should review these numbers carefully with your realtor or the lawyer that is handling the closing for you.

For more information regarding your property purchase or sale in Panama, please contact Joan Villanueva in our office.

Other Property Tax issues:

There are more issues to consider regarding property taxes, such as filing your Declaration of Improvements (if you just finished building a house on a lot), presenting a request for a tax exemption (if the builder did not request the exemption from the tax department), and other similar issues, but we will deal with them in another article.