Looking for advice to put my Condo solely in my name

[el_expatriado]

If your wife and wife's cousin are both on good terms with you, I would try to sell it right away, without getting your divorce finalized in Argentina. Pick someone who you trust 100% who is also an Argentine resident and then transfer them the property.

You can apply for the AFIP certificate saying that you and your wife lived in the property (remember, AFIP doesn't know that you are divorced) and therefore owe no taxes on the property since it wasn't being rented out.

Then once you have the property in the name of an Argentine resident you can sell it without complications and without further taxes. If I was in your shoes, that is what I would do. This is the quickest way to get the thing done and over with.

Otherwise you are going to be stuck for 1-2 years trying to get your divorce registered in Argentina and then get your DNI to be able to sell without taxes, etc. If you really are on good terms with your wife and cousin you should be able to get this all done right now.

 

[earlyretirement]

You can apply for the AFIP certificate saying that you and your wife lived in the property (remember, AFIP doesn't know that you are divorced) and therefore owe no taxes on the property since it wasn't being rented out.

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Nope. If he doesn't have his DNI before he sells it he has to apply for a permit from AFIP as a non-resident and part of that process getting the permit is AFIP will ask him for EVERY single page of his passport to see which days he was in Argentina.

The OP mentioned he wasn't in town and moved away and "rented the property". Obviously his wife as a resident wouldn't have to show anything or apply for a permit but he would have to as a non-resident if he didn't have his AFIP permit.

The permit process is fairly brutal now with having to show every single page of your passport, showing utility bills to see usage so you can't say no one was living in it. (gas, water, electricity and even phone bills now).

And the 3% a MONTH penalty and interest amount is correct. Plus you still have to pay any asset taxes you didn't pay. And also rental taxes if you were renting it out. Be careful lying because I've met people that said their "friend" was staying in it and AFIP asked for all their details and then sent an inspector to go talk to the portero to verify. Don't get caught lying or it will be difficult to get the permit to sell.

That's why you probably should get a DNI if you haven't been paying taxes as it will add up to be a small fortune if you've owned it since 2000 and never paid asset taxes or rental/income taxes on the rent you've been receiving.

Personally rather than trying to find a buyer, I'd just do whatever you need to get the property solely in your name. (as if you're buying it from your ex-wife and her cousin) so all the property is in your name. It would be a totally new transaction with you getting the title only in your name.

Then just take your time and leisure finding a legitimate buyer. Your luck hasn't been good in putting this property in others names so I personally would avoid putting the property in a friend's name. Just get it back into your name and then sell it afterwards.

In the future, even if you get married you can have an Escribano prepare a separate contract that stipulates that your spouse understands and acknowledges that the purchase of the property was purchased solely with money that was received before the marriage and part of YOUR estate and has no claim to it. Yeah, probably not comfortable getting your spouse to sign it but I've met people that have successfully done that.

 

[earlyretirement]

Edit: I don't see any QUICK way around this. Any option is going to take time to sort out. Nothing moves quickly in Argentina but if you're still "married" in Argentina I'd take advantage of that and quickly get your DNI to ease the process and tax burden.

 

[el_expatriado]

Nope. If he doesn't have his DNI before he sells it he has to apply for a permit from AFIP as a non-resident and part of that process getting the permit is AFIP will ask him for EVERY single page of his passport to see which days he was in Argentina.

Right, but since his wife and cousin could have been living there he can argue that the apartment was being used by someone and he was not getting rent. I had this same situation when I handled the sale of an apartment owned by my father. He was not a resident, but I was, so I could tell the AFIP that I was living in the apartment even though my father wasn't. They approved the certificate with no taxes owed.

The only thing he needs to do is find SOMEONE he is related to who IS a resident and who could have possibly been living in the apartment during the time. As long as you can convince the AFIP, you're good. They'll probably ask for that other person who is living in the apt to show a certificate of residence and change their fiscal address to match up with the apt (which is what I had to do).

But this can be done, just make sure you have a good accountant who helps put together all the paperwork.

 

[earlyretirement]

Right, but since his wife and cousin could have been living there he can argue that the apartment was being used by someone and he was not getting rent. I had this same situation when I handled the sale of an apartment owned by my father. He was not a resident, but I was, so I could tell the AFIP that I was living in the apartment even though my father wasn't. They approved the certificate with no taxes owed.

The only thing he needs to do is find SOMEONE he is related to who IS a resident and who could have possibly been living in the apartment during the time. As long as you can convince the AFIP, you're good. They'll probably ask for that other person who is living in the apt to show a certificate of residence and change their fiscal address to match up with the apt (which is what I had to do).

But this can be done, just make sure you have a good accountant who helps put together all the paperwork.

How long ago did your dad sell? I imagine it was probably a few years ago. AFIP has gotten MUCH more difficult in the past year. Previously it wasn't so difficult like it is now.

Sure, you can say your wife and/or cousin has been living there but just make sure you don't get caught in a lie. It's not too difficult these days now that AFIP is actually starting to be more careful if you were renting it or not. Previously AFIP didn't really care. Now they most certainly do and actually back tracking and researching things.

It doesn't sound like the OP is related to anyone else that is a resident in Argentina. If he was, I'm sure that relative would have warned him in being so foolish to do what he did. I don't think putting the property in yet another person's name is the answer either as it's another potential headache. In these types of situations it's best to think of possible worst case scenarios.

I agree finding a GOOD accountant is the key. Make sure you use one that is an expert in non-resident tax issues.

 

[el_expatriado]

How long ago did your dad sell? I imagine it was probably a few years ago. AFIP has gotten MUCH more difficult in the past year. Previously it wasn't so difficult like it is now.

Sure, you can say your wife and/or cousin has been living there but just make sure you don't get caught in a lie. It's not too difficult these days now that AFIP is actually starting to be more careful if you were renting it or not. Previously AFIP didn't really care. Now they most certainly do and actually back tracking and researching things.

It doesn't sound like the OP is related to anyone else that is a resident in Argentina. If he was, I'm sure that relative would have warned him in being so foolish to do what he did. I don't think putting the property in yet another person's name is the answer either as it's another potential headache. In these types of situations it's best to think of possible worst case scenarios.

I agree finding a GOOD accountant is the key. Make sure you use one that is an expert in non-resident tax issues.

My old man sold his apt back in 2008 when the whole conflict with the campo blew up. He got jittery and wanted out of Argentina ASAP. Anyway, it was still complex back then, but we were able to convince AFIP that I was living there.

I was assuming the OP's wife and cousin are Argentines, but perhaps I am not correct. So I figured they could be the residents who could have been living there.

 

[earlyretirement]

My old man sold his apt back in 2008 when the whole conflict with the campo blew up. He got jittery and wanted out of Argentina ASAP. Anyway, it was still complex back then, but we were able to convince AFIP that I was living there.

I was assuming the OP's wife and cousin are Argentines, but perhaps I am not correct. So I figured they could be the residents who could have been living there.

Ah. Yeah, I figured it had to be a few years ago. Your old man must feel pretty darn good. He sold at a very good time and in hindsight he totally nailed it.

Things are much more complicated now vs. 2008. Heck, things are much more complicated in 2012 vs. 2011.

You're right if possible to say the cousin was living there during that time. Especially if her name is on the title deed. However, you just have to be careful because now AFIP is much more difficult even interviewing the porteros in buildings.

I still don't understand the putting it under the cousin's name thingy. But then again, the OP doesn't seem to understand why he did that either.

 

[hazlo]

Just a follow up for all you:

Sold The Condo for $4200 USD/ M2... Bought it for $1600/m2

Bye Bye Argentina

 

[fifs2]

Just a follow up for all you:

Sold The Condo for $4200 USD/ M2... Bought it for $1600/m2

Bye Bye Argentina

You played, you won...don't try gambling anytime soon as your luck has been well used on this one. Glad to hear it all worked out well for you! Knowing Bsas as I do now if I knew that anyone of my acquaintances had been declared bankrupt I would run a mile...bankruptcy can happen to anyone, but in Bsas, Ive seen it used too regularly as a means to use and abuse anyone from employees to creditors and it says a lot about the person in question - your ex-wife may be a saint of course and exception to the rule as it seems she didnt screw you on the sale after all.