RELEVANT INFORMATION ABOUT REAL ESTATE IN COSTA RICA

Unlike some other countries, it is not required to have CR citizenship, CR residence, nor even have permanent presence in the country to own land in Costa Rica.

Unlike some other countries, it is not required to have CR citizenship, CR residence, nor even have permanent presence in the country to own land in Costa Rica.

In Costa Rica, the Constitution and the Laws protect private ownership of land, and foreigners enjoy the same rights as CR citizens, with the following exceptions: a) property given or sold to CR citizens as part of government aid programs and b) the concession land.

All properties are duly registered within the Registro Nacional (National Registry) and all relevant information about the title information and the survey maps must be duly recorded. Any modification in the status of a title or any claims that might affect it must also be noted on the title making possible to verify it.

Before buying land in Costa Rica you should get proper advice from a CR real estate Attorney, who will conduct a proper “Due Diligence” within the National Registry, Municipality and other Government offices. This is to verify that there are no liens on the property, the easements or encumbrances that can affect it, and that any and all taxes and dues are duly paid and current. Also, will be checked if the property has legal access to water and electricity, if there are zoning restrictions, conduct a house inspection and/or a survey verification, among other relevant matters.

Although, as indicated before, foreign ownership is fully permitted, it is advisable to purchase property through a CR corporation. Doing so, allows the purchaser to have flexibility, liability protection, and can help with the following: i) Estate and tax planning (if ownership is properly structured the foreigner can avoid for his/her heirs the probate procedure in CR.) Also, the regulations on corporate taxes, regarding write-off expenses, are a bit more flexible than the personal ones) and ii) With representation, thru the corporate books the owner can grant a special POA (Power of Attorney) for the diligences or acts required, thus not requiring the physical presence in Costa Rica of the property owner.

With the current Immigration law, the property (condo, house or lot) you purchased allows you – as well as your family – to apply for CR residency as an “investor”. The real estate investment requires to be at least US$ 200,000.00 dollars and you must also comply with the other requirements established in the Immigration law.

GM Attorneys is a premium boutique Law Firm with offices in Flamingo Beach, Tamarindo and San Jose.

OUR FLAMINGO AND TAMARINDO OFFICES ARE CLOSED / OFICINAS CERRADAS 

Dear Clients and Friends,  

We inform you that due to the climatic situation in Guanacaste our offices of GM Attorneys in Flamingo and Tamarindo are closed until further notice. In the next few days we will be informing you about the reopening date, which we hope will be as soon as possible, once the weather conditions allow it.

In case you need to contact us, please send us an email and we will be answering as soon as possible. 

Thank you.

Estimados Clientes y amigos,

Les informamos que debido a la situación climática en la provincia de Guanacaste, nuestras oficinas en Flamingo y Tamarindo se encuentran cerradas hasta nuevo aviso, por razones de seguridad y falta de electricidad. En los próximos días le estaremos informando la fecha de reapertura, que esperamos sea lo más pronto posible, una vez que la situación climática así lo permita. 

En caso de que necesite contactarnos, por favor envíenos un correo y le estaremos atendiendo tan pronto como nos sea posible.

Gracias .

D-140 FORM 

The new corporation tax law, 9428, imposes a D-140 registration requirement on any and all CR corporations.

The deadline for submitting the D-140 Form to the Tax Administration depends on the last number of your Corporate ID*:

– 1 y 2: before October 31st, 2017.

– 3 y 4: before November 30, 2017.

– 5 y 6: before December 31st, 2017.

– 7 y 8: before January 31st, 2018.

– 9 y 0: before February 28, 2018.

Example:

3-101-222222 Must submit the Form before October 31st, 2017.

*Pursuant to the Regulations to Law No. 9428. 

Form available in the following link: Click Here

Failure to comply with this requirement, will be sanctioned with a penalty that will be calculated based on the delay in payment (but never exceeding the amount equivalent to three base salaries: USD$ 2300, approximately).

Below, please find the step by step process:

Fill out and sign the Form.

Authetication of the signature by a Costa Rican Notary Public (stamps must be attached)*.

Submit the Form before the Tax Authority.

For this specific case, it is posible to submit the Form before any Tax Authority Office “Oficina de Administración Tributaria**”. 

People outside the country, must grant a POA in order to be able to submit the Form on time.

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