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Peru

Barrios & Fuentes Abogados

1

Restrictions

Can anyone (including foreigners) own and occupy real estate in your jurisdiction (including shares in property owning companies)? Are there any restrictions?

Yes. Foreigners can own and occupy real estate and can hold shares in properties owing companies. There are no restrictions on foreigners owing or occupying real state.

Are there restrictions on lending for the purchase of real estate by foreign companies? If so briefly give an outline?

No.

2

Taxes

Buying

Please provide a short summary of the fees and costs (including tax) relating to buying real estate in your jurisdiction.

The Buyer has to pay a 3% tax on the purchase price. If the real estate is new, Sale Tax (18%) is applicable, but only on the construction value.

If the Seller is not a company (natural person), it has to pay a 5% Income Tax applicable to the profit. In a year term, the Seller could make 2 sales with a 5% Income Tax, but the 3th sale is subject to 29.5 % Income Tax. However, if the real estate is the place (home) where the Seller leaves, no Income Tax is applicable.

If the Seller is a company, it is subject to a 29.5% Income Tax applicable to the profit.

The sale of a real estate purchase before 2004, it is exonerated of Income Tax.

Owning

Are there taxes applicable to owning real estate and can the burden of the taxes be passed to someone else (e.g. a tenant or an occupier - not being the owner)?

The owner of a property pay a Real State Tax to the Municipality. Such Real State Tax could not be passed to someone else.

Tax Breaks

Are there tax breaks or other incentives for foreigners to buy real estate in your jurisdiction? If so what are they?

No.

3

Title of Real Estate

How is the ownership of Real Estate evidenced in your jurisdiction?

The ownership of the real estate is evidenced by a registration in the Real Estate Public Registry of the Public Registry of the city where the real estate is located.

Is it possible to keep the identity of owners of real estate confidential in your jurisdiction?

All documents filed at the Public Registry are public. Ownership of the companies is public information and could be requested openly.

 

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Germán Barrios
Barrios & Fuentes Abogados
Lima, Peru



Raul Barrios
Barrios & Fuentes Abogados
Lima, Peru