Recent legislation Affecting Property Purchase in Hungary ?
#91
Re: Recent legislation Affecting Property Purchase in Hungary ?
As far as I know you can only gift land to defined close relatives. So you can't gift land to non-relatives to avoid the land laws or tax.
Also whilst 'locals' have a pre-emptive rights there is a hierarchy of locals. Family farms, livestock holdings, those farming adjacent to the land in question and so on. So even if you are resident in the local village this does not guarantee you won't get trumped.
There seems to be a trick emerging whereby the price declared for advertising is ridiculously high, which will put off anyone higher on the priority list stepping in. The actual deal is done at the lower agreed price. This probably has its dangers and is only of value if the seller cares about who he sells the land to. (otherwise how often does the seller care who gives them the money for their land?)
Also whilst 'locals' have a pre-emptive rights there is a hierarchy of locals. Family farms, livestock holdings, those farming adjacent to the land in question and so on. So even if you are resident in the local village this does not guarantee you won't get trumped.
There seems to be a trick emerging whereby the price declared for advertising is ridiculously high, which will put off anyone higher on the priority list stepping in. The actual deal is done at the lower agreed price. This probably has its dangers and is only of value if the seller cares about who he sells the land to. (otherwise how often does the seller care who gives them the money for their land?)
Yes, don't think that's worth the risk as the it's easy to confirm the actual amount paid and opens up all sorts of repercussions. We have heard of the opposite happening as well, seller under declaring the value when advertising for tax purposes - very risky !!!
#92
BE Enthusiast
Joined: Nov 2012
Posts: 561
Re: Recent legislation Affecting Property Purchase in Hungary ?
Last Post. ref: Download new land Laws new Act 15-12-2013 & Amendment 2014 To members a translate document relating to the Law, now that I have complied to all sections of the new Land Laws to Foreigner's no one can place a argument that I have posted items, not knowing the present Land Laws and the proses from Start to Finish as of 9-3-2015 completed a successful purchase, I will not add to this post and any further comments or take part in any debates digger47
#93
Re: Recent legislation Affecting Property Purchase in Hungary ?
Last Post. ref: Download new land Laws new Act 15-12-2013 & Amendment 2014 To members a translate document relating to the Law, now that I have complied to all sections of the new Land Laws to Foreigner's no one can place a argument that I have posted items, not knowing the present Land Laws and the proses from Start to Finish as of 9-3-2015 completed a successful purchase, I will not add to this post and any further comments or take part in any debates digger47
#94
Forum Regular
Joined: Mar 2013
Posts: 146
Re: Recent legislation Affecting Property Purchase in Hungary ?
could anyone explain the gifting of property to me please.
can a house in a village be purchased and then gifted to my son without needing to be held for 4 years?
does the house get gifted for 0ft and what would that do to the tax on a resale further down the line?
can a house in a village be purchased and then gifted to my son without needing to be held for 4 years?
does the house get gifted for 0ft and what would that do to the tax on a resale further down the line?
#97
Veszprém Megye
Joined: Feb 2009
Location: Sevenoaks Kent UK and soon near Tapolca Hungary
Posts: 371
Re: Recent legislation Affecting Property Purchase in Hungary ?
as we all value your input.[/QUOTE]
agreed
agreed
#98
BE Enthusiast
Joined: Nov 2012
Posts: 561
Re: Recent legislation Affecting Property Purchase in Hungary ?
No I not leaving at all just giving the chance for others to have the Land Law Documents downloaded to them selves. but now I have to 2 Plots 3,000m2 new build in June to start and sadly the "C" is back so flight back to uk when oncology calls digger47
#99
Re: Recent legislation Affecting Property Purchase in Hungary ?
Oh Digger, I am so sorry to hear that and hope all goes well for you, email me if there's anything I can do for you and keep in touch.
#100
Re: Recent legislation Affecting Property Purchase in Hungary ?
Sorry, didn't see your reply as others had posted by the time I came back to it
Don't take this as fact and best check with a legal expert but as far as I am aware - no tax is paid on gifting, on resale the usual transfer tax is paid on any profit. Profit is calculated using the value of the property at the time of gifting and the sale value. Personal income tax is payable on the sale value (this, I assume, helps prevent gifting as a means to avoid paying property tax) though with the seller being UK resident I guess they would have to declare and pay this in the UK.
Don't take this as fact and best check with a legal expert but as far as I am aware - no tax is paid on gifting, on resale the usual transfer tax is paid on any profit. Profit is calculated using the value of the property at the time of gifting and the sale value. Personal income tax is payable on the sale value (this, I assume, helps prevent gifting as a means to avoid paying property tax) though with the seller being UK resident I guess they would have to declare and pay this in the UK.
#101
Just Joined
Joined: Mar 2015
Posts: 5
Re: Recent legislation Affecting Property Purchase in Hungary ?
I'm trying to purchase a piece of land with house on agricultural ground. The object belongs to a bankrupt KFT with debts. We have rented the place the last few decades (leasehold) and our local legal experts is exploring ways to buy the object.
Having counselled a local legal representative, researching and reading all the information available on the internet the last 6 months I was getting desperate. It seemed that there would no progress or a solution in the near future.
I was daydreaming and wandering on sites about expats and jobs in Hungary and stumbled upon this forum. All the input on this thread is good additional information and you guys seem to be further than I was. I'm especially interested in the latest (translated) information available (the new land Laws new Act 15-12-2013 & Amendment 2014). Digger47 is referring to a download, but I cannot find the link.
Could somebody guide me to the documents? Your help will be appreciated.
Having counselled a local legal representative, researching and reading all the information available on the internet the last 6 months I was getting desperate. It seemed that there would no progress or a solution in the near future.
I was daydreaming and wandering on sites about expats and jobs in Hungary and stumbled upon this forum. All the input on this thread is good additional information and you guys seem to be further than I was. I'm especially interested in the latest (translated) information available (the new land Laws new Act 15-12-2013 & Amendment 2014). Digger47 is referring to a download, but I cannot find the link.
Could somebody guide me to the documents? Your help will be appreciated.
#102
Re: Recent legislation Affecting Property Purchase in Hungary ?
I'm assuming there is no restriction on the sale of the property and so the debts shouldn't make any difference as your solicitor will deal with any liens when exchanging contracts. Is it the amount of land that is an issue as unless you fit certain farming criteria, you can only purchase 10,000 sqm.
#103
BE Enthusiast
Joined: Nov 2012
Posts: 561
Re: Recent legislation Affecting Property Purchase in Hungary ?
I'm trying to purchase a piece of land with house on agricultural ground. The object belongs to a bankrupt KFT with debts. We have rented the place the last few decades (leasehold) and our local legal experts is exploring ways to buy the object.
Having counselled a local legal representative, researching and reading all the information available on the internet the last 6 months I was getting desperate. It seemed that there would no progress or a solution in the near future.
I was daydreaming and wandering on sites about expats and jobs in Hungary and stumbled upon this forum. All the input on this thread is good additional information and you guys seem to be further than I was. I'm especially interested in the latest (translated) information available (the new land Laws new Act 15-12-2013 & Amendment 2014). Digger47 is referring to a download, but I cannot find the link.
Could somebody guide me to the documents? Your help will be appreciated.
Having counselled a local legal representative, researching and reading all the information available on the internet the last 6 months I was getting desperate. It seemed that there would no progress or a solution in the near future.
I was daydreaming and wandering on sites about expats and jobs in Hungary and stumbled upon this forum. All the input on this thread is good additional information and you guys seem to be further than I was. I'm especially interested in the latest (translated) information available (the new land Laws new Act 15-12-2013 & Amendment 2014). Digger47 is referring to a download, but I cannot find the link.
Could somebody guide me to the documents? Your help will be appreciated.
#104
Re: Recent legislation Affecting Property Purchase in Hungary ?
I have the Document and I was to download to Members But Being Thick Northerner tried to download a letter would not Work ,So If you wish I can Post one to yourself send PM and sort it out.. look as I was do to leave to start work on my plots but B rain again can gut up the hills to grape fields digger47
#105
Just Joined
Joined: Mar 2015
Posts: 5
Re: Recent legislation Affecting Property Purchase in Hungary ?
The amount is not the problem.
I've been told that because the KFT is bankrupt their is no seller & their because there is a debt, therefore the sell is delegated to a governmental assigned institue. So there is not a owner to buy from.
We have been told that the 'for sale' will be published 60 days by the institue and the property will be sold by a closed enveloppe procedure. Additionally, because it's agricultural ground the 'locals' have a pre-emptive rights.
So, although we have rented for decades (the ownership would lapse to the renters according to former laws) now everybody can buy the property and locals will have the pre-emptive rights... We are exploring ways around this situation the keep 'our' house in the family.
Although we use legal experts I would like to have a clear understanding of the new law. Therefore I hope somebody can guide me to the document Digger47 is referring to.
I've been told that because the KFT is bankrupt their is no seller & their because there is a debt, therefore the sell is delegated to a governmental assigned institue. So there is not a owner to buy from.
We have been told that the 'for sale' will be published 60 days by the institue and the property will be sold by a closed enveloppe procedure. Additionally, because it's agricultural ground the 'locals' have a pre-emptive rights.
So, although we have rented for decades (the ownership would lapse to the renters according to former laws) now everybody can buy the property and locals will have the pre-emptive rights... We are exploring ways around this situation the keep 'our' house in the family.
Although we use legal experts I would like to have a clear understanding of the new law. Therefore I hope somebody can guide me to the document Digger47 is referring to.