Looking for advice to put my Condo solely in my name

[hazlo]

Actually, a friend of mine recently sold up here and she was told to get her DNI sorted before selling - I think it was something to do with tax and having to pay a sh1t-load more if you don't have a DNI? I'll email her and see if she can shed any more light.

I guess she might also know a good lawyer who deals with this sort of thing. I'll find out.

DavieW,

Thanks for the info. I would love to talk to the Lawyer you know, as I am getting new advice every day from the firm I have spoken to.

They now say that I should accept the title from my "cousin" and then proceed with a divorce in Argentina (which would stipulate that I was the sole owner of the property). Then worry about Taxes later. But I guess knowing just how much the taxes are would help in the decision.

David

 

[hazlo]

Well, I sure am glad I asked!
(ignorance truly is bliss)

As I do not speak Spanish very well, I looked at the "Actuacion Notarial" and see
my name on it and decide everything is fine! Well, after all of your well meaning
and thoughtful comments and questions, I have come to realize that when the people
say that my ex-cousin has the title, they actually mean she has 100% ownership and
it is stated that I would accept the title at a later time. Yes, I was naive. And I was not even in the country when I sent the money all starry eyed to buy the place. But, I trusted my wife to get it sorted and I was from Canada, so how complicated could it be??!!

Here is the last Paragraph of the "Actuacion Notarial":
(let the incredulous snickering and OMG'ing begin)

Gestion de Negocio:
En este acto la adquirente Monica xxx xxxx manifiesta que la presente compra la realiza
compra la realize para y con dinero de David xxxx , casado en primeras / nupcias con
Nora xxxxx , quien oportunamente aceptara la presente compra. Enteradas las partes del
contenido de esta escritura manifiestan su conformidad y aceptacion por ser lo
convenido. LEO, se ratification y firman por ante mi, doy fe.

Business Management:
This act states that the acquirer Monica xxx buys made ​​this purchase and the money did for David xxx, married in first / married Nora xxx, who promptly accepted this purchase. Parties aware of the content of this writing manifest their agreement and acceptance to be agreed. LEO is ratification and signed by before me, I can vouch.


So, I am told now to "accept" and then get an Argentina Divorce. How does that sound?

Thanks for all you input!
David

 

[hazlo]

Thanks Expatriado!

I posted a bit more info about the "Actuacion Notarial". Would it make sense to get a DNI before proceeding or should I bother? Hey, I am still married so it should be feasible.

Dave

 

[hazlo]

Sure I will rent it, But I am looking at getting someone in by the end of the year. (Fingers crossed)

 

[citygirl]

I"m still trying to understand the "not recognizing the divorce" fact. I know several people who were married and divorced outside of Argentina and their divorces were recognized without issue.

Were you married here? If so, how did you get divorced outside of the country?

If you were married outside of the country, in the same place you were divorced, there should be no issue with the divorce being recognized here.

 

[citygirl]

I don't understand the cousin thing either. Whether or not your wife was going through bankruptcy, why would you have ever put the cousin's name on it?

Or are you saying that you "lent" the money to the cousin and s/he bought the entire thing? I'm still confused.

 

[nikad]

I am not able to give you all the details, but I am sure a good lawyer can get this done, maybe donating the apartment ( both you, wife and cousin ) and you might wanna get residency and pay substantially less taxes of course.

 

[shoush]

I was told that you need to get an argentine citizenship (passport) to avoid paying taxes on your condo when selling! is that true or will a residency or DNI suffice?

 

[citygirl]

Residency is sufficient. And you still pay taxes, just at a lower rate than a non-resident.

 

[solerboy]

DavieW,

Thanks for the info. I would love to talk to the Lawyer you know, as I am getting new advice every day from the firm I have spoken to.

They now say that I should accept the title from my "cousin" and then proceed with a divorce in Argentina (which would stipulate that I was the sole owner of the property). Then worry about Taxes later. But I guess knowing just how much the taxes are would help in the decision.

David

Taxes are 21% of the rent received on the property, or deemed to have been received. If the property was empty and you were out of the country you will be deemed to have been renting the property unless you can prove is was empty. There will also asset taxes (bienes personales).

On any unpaid tax is charged interest from the date it should have been paid. The rate was 2% compound per month, but increased last year to 3% compound per month. You will find that the interest will come to more than the tax.

I am not sure how they treat properties jointly owned by residents and non residents. I doubt if anyone else in Argentina (including AFIP) knows either.

I recently went through this process as a favour, better to get your DNI first. If you are still legally married in Argentina it should only take a couple of months. (if you dont already have one). If you have a DNI from way back the tax problems shouldnt apply.