Please click the question number to find the relevant answer.

Q1: Is it safe for foreigners to buy property in Panama?
Q2: Is it legal for foreigners to buy property in Panama?
Q3: What are the procedures to buy real estate in Panama?
Q4: What advantage is there to putting a property in the name of a corporation, instead of putting the property in my personal name?
Q5: Is it safe to buy a Panamanian corporation’s shares which hold title to property in Panama?
Q6: Are there any government taxes or fees for transferring Panama property titles from the sellers name to the buyers name?
Q7: Who normally pays for the property title transfer tax in Panama, the buyer or the seller?
Q8: Who normally pays for the closing costs on Panama real estate transactions, the buyer or the seller?
Q9: What are the average closing costs for Panama property transactions?
Q10: How long does it normally take to register a property title transfer in the Public Registry of Panama?
Q11: How long does it normally take, from start to finish, to purchase property in Panama?
Q12: What are the normal legal fees for property transactions?

Q13
: Do purchase contracts for Panama real estate transactions need to be in Spanish, for them to be legally enforceable in Panama?
Q14: What is normally accepted as a down payment for purchasing property in Panama?

Q15: If I am a US citizen, can I use my IRA or 401K money to buy property in Panama?

Q16: Is it legal to buy options on property in Panama?
Q17: Are options available on property in Panama?

Q18: Do sellers offer owner financing or leases with purchase options in Panama?

Q19: Is it legal to block public access to the beach if I own beach front property?

Q20: What is the liability for real estate investors that “flip” (buy & immediately sell) properties?

Q21: Are there property taxes in Panama, if so, how much?

Q22: Are there property title transfer taxes in Panama?
Q23: Are there capital gains taxes on the purchase and sale of real property in Panama?
Q24: Is there a way to minimize capital gains taxes on property sales in Panama?

Q25: Is there self-employment tax for real estate investors in Panama?

Q26: What would happen if I were to perish (die), and I have real estate in my personal name in Panama? Are there inheritance taxes in Panama, whereby the Panamanian government would keep a certain percentage of my beneficiaries’ inheritance?

Q27: Are tax lien certificates available in Panama?
Q28: If I am a US citizen, can I apply a 1031 exchange to buying property in Panama, thus deferring my US capital gains taxes?
Q29: If I wanted to buy and flip (sell) my Panama property, what sources should I use to advertise my property to find a buyer in Panama?

Q30: Are financing sources readily available for foreigners (non-Panamanians) to get mortgages on property in Panama?

Q31: What documentation is normally required for foreigners (non-Panamanians) to obtain financing on property in Panama?

Q32: What are the interest rates for financing property in Panama?

Q33: Are there any special financing deals available in Panama, for retirees?
Q34: Are there any special financing deals available in Panama, for first time buyers?

Q35: How much do property appraisals cost in Panama?

Q36: How much do home inspections costs in Panama?

Q37: Is title insurance available for property in Panama?

Q38: Is title insurance required for financing property in Panama?

Q39: What does title insurance cost in Panama?

Q40: What insurance agents do you recommend in Panama?

Q41: Are property foreclosures available in Panama?

Q42: What are the procedures for purchasing foreclosed property in Panama?

Q43: What is the difference between Panama Titled Property and Panama Possession Rights Property?

Q44: Can Possession Rights property be titled in Panama?

Q45: Can Possession Rights property on islands be titled in Panama?

Q46: Is it safe to buy Possession Rights property in Panama?

Q47: Can I lose my Possession Right in Panama if I do not use the land?

Q48: What is the cost and time frame for an administrative concession over Possession Rights property in Panama?
Q49: What are the procedures to buy a possession right property?

Q50: Is it possible for foreigners to enter in the real estate development business in Panama?

Q51: Do I need to be a licensed realtor in Panama to be able to develop and sell real estate in Panama?

Q52: What license do I need to buy and sell my own properties in Panama?

Q53
: If I buy a large plot of land, what are the procedures to get residential lot development permits with the Panamanian government?
Q54: What is the time frame and cost to obtain permits for developing residential lots in Panama?

Q55: What are the costs for surveying property in Panama?

Q56: Is an environmental impact study required for every real estate development?

Q57: What do environmental impact studies cost in Panama?

Q58: Are there any tax breaks for developers?

Q59: What incentives does law 8 (tourism incentive law) offer to real estate developers in Panama?

Q60: Are there any tax incentives for developers constructing new buildings?

Q61: Can developers put up signs on the property for their development before the respective government permits are issued?

Q62: What permits are required to build and sell condominiums in Panama?

Q63: Is the rental market good in Panama for buying and renting property?

Q64: Are there any taxes on rental income in Panama?

Q65: Can you use depreciation as a tax write off for rental property income in Panama?

Q66: Other than depreciation, what other expenses can you use as tax write offs for rental property income in Panama?

Q67
: What is the standard deposit required for lessee’s who rent property in Panama?
Q68
: To rent my property in Panama, what are the legal procedures?
Q69: Are there any laws that regulate rents in Panama?

Q70: If I rent my house, and the lessee does not pay, what are the procedures to get the lessee out of the house?

Q71: Are there any rental management companies in Panama?

Q72: What do most rental management companies charge in Panama?

Q73: If I wanted to manage my own property, what sources should I use to advertise my property to find a renter?

Q74: What is the procedure to get a construction permits for building a residential home in Panama?

Q75: What do residential construction permits cost in Panama?

Q76: Is it easy to find reliable contractors in Panama?

Q77: What construction contractors do you recommend in Panama?

Q78: Is reforestation a good investment?

Q79: Should I buy an already reforested property in a reforestation development, or should I buy an empty cattle farm and reforest the property?

Q80: If I wish to purchase an empty cattle farm, reforest it, and sell off reforested lots to investors, what is the procedure?


A1
: Absolutely. Buying property in Panama is very safe. There are over a dozen laws in Panama established specifically for protecting foreign investments, not to mention that private property in Panama is protected by the constitution of the Republic of Panama. Thousands of foreigners own property in Panama, and we process Panama real estate transactions for foreigners every day without a problem.

A2: Yes, it is legal for foreigners to own titled property in Panama in their personal names, although we normally recommend that clients hold all property in the name of a Panamanian corporation for asset protection and tax reasons. Panama possession rights property, however, should always be held in the name of a Panamanian corporation, where the foreign person is the shareholder (or a Panama private interest foundation or trust can be appointed as the shareholder in place of the foreign person) of the corporation.

A3: The first step is to find a Panama property you like, and negotiate the price and terms of the sale with the seller (or Panama real estate broker). Second, you should seek a qualified attorney in Panama to handle the due diligence and title search on the property, putting your Panamanian attorney in contact with the seller (or real estate broker) to gather copies of the property title documents and survey (if available). Third, have your attorney prepare a Promise to Buy/Sell Contract to lock in the property sale and secure the terms agreed upon (a deposit of 10% is usually required by the seller upon signing the promise to buy/sell contract), plus this gives you time to do the due diligence and get your funds into the escrow account. Fourth, once the attorney has confirmed the property title is clean, then the final closing is scheduled, where the buyer/seller sign the final Buy/Sell Contract. Fifth, payment is made to the seller, broker, and attorney from escrow (in some cases, buyers/sellers agree that payment is made after the public deed of the property is transferred and registered into the buyers name). Sixth, the Buy/Sell Contract is registered at the Public Registry where they transfer the property title ownership from the previous owner to the new owner.

A4: By putting the property in the name of a corporation; (1) the corporate veil protects the property from any attacks from creditors or frivolous lawsuits against your personal name, (2) when you go to sell the property, you can simply sell the corporations shares, saving you a 2% property title transfer tax, and possible Capital Gains Taxes, (3) when you go to sell the property, the buyer benefits because the buy/sell contract does not have to be publicly registered, saving the buyer closing costs, and (4) when you go to sell the property, the buyer benefits from lower property taxes (or possibly no property tax if the registered value is below $30,000), because the registered value does not reflect the actual purchase price.

A5: As long as a proper due diligence investigation is done on the corporation and a proper title search is done on the property that the corporation holds, then it is generally safe to buy property this way in Panama. It is important to hire qualified attorneys to handle the due diligence, and put the proper clauses in the Buy/Sell Contract of Shares of the corporation, such as; (1) a clause that guarantees the buyer that the corporation does not have any pending debt or liability other than that established in the contract and indemnifies the buyer from any such liability, (2) a clause that makes the seller responsible for any liability for previous actions of the corporation and/or it’s directors, and (3) a clause that guarantees the buyer that the purchase is for 100% of the corporations shares as well as for 100% of the property title number xxx (with the description of the property), which is duly owned by the corporation, whose shares are owned by (the seller).

A6: Yes. The Panamanian government charges a 2% property title transfer tax. The 2% is based on the registered value (the value established in the registered deed of sale). In addition, there are other fees charged by the Public Notary and the Public Registry which total in the range of $200 to $300 for registering a buy/sell contract for the sale of real estate in Panama.

A7: It is standard practice in Panama for the seller to pay for the title transfer tax, however, in some cases, depending on the negotiation between the buyer and seller, the seller may insist that the buyer pay the title transfer taxes.

A8: Generally, each party pays for their own closing costs. For example, the seller pays his/her attorney to review the buy/sell contract, and the buyer pays his/her attorney for drafting the buy/sell contract, doing the title search, title transfer, and escrow services. However, in some cases, buyers and sellers negotiate special terms whereby the buyer or the seller pays all closing costs, so it really depends on the particular negotiation between buyer and seller.

A9: The closing costs vary depending on the particular transaction. For example, if the property is held in the sellers personal name, and the buyer is transferring the property title to a Panamanian corporation (most recommended), then the closing costs would include; (1) the legal property transaction fee of US$600 (includes; title search, buy/sell contract, closing, & property title transfer service), (2) public registry title transfer fees of approx. US$200 to US$300, and (3) incorporation fee of US$1000 to setup the Panama corporation. However, if the property is held by a Panama corporation already, and the buyer is purchasing the shares of the corporation, then the transaction is relatively simple because there is no registration of title transfer, meaning that there is no title transfer tax, and no public registry title transfer fees. In this case, the closing costs would include; (1) the legal property transaction fee (includes; title search, purchase of shares contract, and closing for US$600) and (2) change of directors / resident agent of the corporation (approx. $350).

A10: In some cases, it can be done within 2 business days, if we pay extra for quick expediting. However, in normal circumstances, it takes from 1 to 3 weeks, depending on the volume of transactions at the Public Registry.

A11: The time frame from start to finish is normally about 6 weeks, however, it really depends on a variety of factors which are dependent initially on the buyer and the seller, the negotiation between buyer and seller, and subsequently dependent on the attorneys and the public registry. Generally, property transactions have the following procedures; (1) The buyer and seller to agree on the price and terms (time frame can vary depending on the negotiation), (2) seller provides our firm with all the due diligence documentation on the property title so we can do the title investigation (time frame depends on the seller), (3) attorneys do initial title search & draft the promise to buy/sell contract (time frame is approx. 1 day assuming we have all the required information from buyer and seller), (4) buyer and seller review the promise to buy/sell contract and agree to set a date to sign (time frame varies depending on the buyer and sellers), (5) buyer sends payment for down payment and legal fees to escrow (time frame depends on the method funds were sent), (6) buyer and seller sign promise to buy/sell contract and down payment is paid to seller from escrow, (7) final title search is completed (time frame is approx. 5 days), (8) buyer sends final payment to escrow (time frame depends on the method funds were sent), (9) attorneys draft final buy/sell contract (time frame is 1 day), (10) closing takes place and buyer/seller sign final buy/sell contract (time frame is 1 day), (11) contract is registered at the Public Registry for title transfer procedure to begin (time frame ranges from 2 to 30 days, depending on the Public Registry’s volume), (12) attorneys receive deed from Public Registry, draft official English translations, and prepare final documents to send to buyer (time frame is approx. 5 business days).

A12: Panama Offshore Legal Services offers a standard property transaction package which includes the title search, buy/sell contract drafting, transaction closing, and title transfer for a total of US$1200 in legal fees. The notary and public registry costs are additional, which total up to approximately $200 to $300 depending on the particular transaction. Title transfer taxes are normally paid by the seller.

A13: No. The law does not require a buy/sell contract to be in Spanish to be legally enforceable, however, if there is ever a dispute over the transaction in a court of law in the Republic of Panama, then the court will require that the contract be translated to the Spanish language by an official (licensed) translator of that language. When Panama Offshore Services prepare buy/sell contracts, we always prepare the original in Spanish, and we provide our clients with an official English translation of the contract.

A14: Generally, sellers will accept 10% as a down payment upon signing the promise to buy/sell contract. The down payment is shown as “good faith” on behalf of the buyer, so that the seller knows that the buyer is serious. However, the down payment really depends on the particular transaction and the negotiation that takes place. In some cases, sellers will demand as much as 50%, and in other cases, sellers will ask for as little as 5% or less.

A15: Yes. There are several financial companies in the USA, such as Pensco, who offer retirement account services that facilitate movement of your IRA or 401K funds into self-directed retirement accounts, through which you can then invest in property anywhere in the world. If you would like to receive an updated list of these financial companies (such as Pensco), please contact us for details.

A16: Yes, it is legal to buy options on property in Panama, however, it is an uncommon practice in Panama, and most sellers do not understand the concept.

A17: Yes, you can buy options on property in Panama. However, most sellers in Panama do not understand the concept of options on property, therefore, it requires that you educate the seller in this concept so that they agree to offering you an option to purchase their property.

A18: Yes, leases with purchase options are common in Panama, although most sellers are interested in simply selling, not lease optioning. However, please note that rental or lease contracts must be registered with the MIVI (Ministerio de Vivienda), which is the “Ministry of Housing” in order for the lease to be legal in Panama.

A19: The laws in Panama offer public access to all beaches, oceans, lakes and rivers in Panama. Unless there is access within 1000 meters from your property, you must allow public access, according to the law.

A20: The liability for real estate investors in Panama is limited. The main liability for real estate investors is capital gains taxes, which some people avoid through the use of Panamanian corporations. As long as you deliver what is promised according to the terms of the buy/sell contract, buying and selling property in Panama is virtually liability free.

A21: Property taxes are only levied on properties that have a registered value of US$20,000 or more (registered value is the value stated on the public deed that is registered at the Public Registry). The maximum annual property tax is 2.10% of the registered value of the land (land value under US$20,000.00 is exempt of this particular tax, as per Law # 36 of 1995). Property tax is also levied on the declared value of the building improvements on the land, however, the laws in Panama offer tax exonerations for building improvements for up to 20 years (this was implemented by the Panamanian government to promote new construction, which makes up a large portion of Panama’s overall GDP). New properties completed by 31st August 2006 will have a 20 year property tax exemption. Possession Rights properties do not incur property taxes, since the property technically belongs to the government of Panama.

A22: Yes, the government of Panama charges 2% of the registered property deed value each time you transfer title from one name to another name. This is why most sophisticated investors utilize Panama corporations to hold ownership to property, so that when they sell the property, they simply sell the shares of the corporation as a whole, therefore avoiding a title transfer, and avoiding the 2% title transfer tax.

A23: Yes, the law stipulates a 30% capital gains tax on the purchase and sale of real property in Panama. The capital gains tax is triggered upon the transfer of the title at the Public Registry.

A24: The most common strategy that people use in Panama is to hold property in the name of a Panama corporation, and instead of transferring the property to the buyers name upon the sale, the shares of the corporation are sold as a whole to the buyer. Since corporations shares are “bearer shares” and they are not registered, there is no record of the sale. Upon the sale of the shares, the new owner simply changes the board of directors/officers to take control over the corporation.

A25: There are no “self-employment” taxes for real estate investors in Panama, however, local real estate investors are taxed on their income the same way any other person would be taxed on locally generated income, and they are required to file annual tax declarations. Please note that income taxes on real estate purchases and sales can generally be avoided through certain structuring techniques using Panamanian corporations and private interest foundations.

A26: Yes. If your assets are in your personal name, you could lose half of your properties to the Panamanian government upon your death, thanks to inheritance taxes. For this reason, we recommend that all of our clients put their properties into Panama corporations, and utilize a Panama Private Interest Foundation to hold the shares of each corporation, which enables them to distribute their assets to their beneficiaries, avoiding all inheritance taxes, probate, and legal delays. All assets would be distributed to your beneficiaries exactly as they were left, exactly as per your wishes (according to your letter of wishes), with no deductions whatsoever.

A27: This is an area that we are currently researching, however, currently, we have no information about tax lien certificates in Panama.

A28: This is a question for a US tax attorney or US CPA. Panama Offshore Legal Services does not offer US tax advice, however, we can refer you to a licensed US tax attorney who can answer your questions about US tax laws. As we understand it, a 1031 exchange is an IRS rule allowing real estate investors to purchase and sell real estate, each time rolling new profits into property purchases of equal or higher value. However, we are not sure if foreign (non-US) property applies to this rule, which is why you must consult with a US tax attorney or CPA who is familiar with these details.

A29: If you are seeking a local Panamanian buyer, you can advertise in the local newspapers, such as La Prensa, La Critica, and Panama America. If you are seeking a foreign buyer, you might consider print advertising in The Visitor newspaper (a tourist information newspaper), or advertising on our web site.

A30: There are many banks in Panama that offer financing to foreigners (non-Panamanians) to purchase property in Panama, some of these include; HSBC Bank, Scotia Bank, BAC International Bank, Banco Cuzcatlan (Panabank), Banistmo, Banco General, Bank Boston, BBVA Bank, Banco Continental, Credicorp Bank, Multi-credit Bank, Banco Nacional de Panama, and others. However, unless the loan is collateralized by some other liquid asset such as a bank deposit, then most banks have the following limitations for financing property to foreigners; (1) the property must be titled through the Public Registry of Panama, (2) the property must be located in approved regions, normally in urbanized regions or on approved development projects in rural areas, (3) the property must have improvements, such as a house, building, etc. with value, (4) the bank will only finance up to 70% of the purchase price, and (5) the bank will require that the purchase price be no more than the appraised value (appraised by a respected appraisal company).

A31: Most banks in Panama that finance foreigners require the following documentation for the applicant(s) of the loan; (1) complete photocopy of passport (all pages of passport), (2) photocopy of one additional form of ID, such as a drivers license, (3) two original financial reference letters, (4) two original commercial, professional, or personal reference letters, (5) photocopy of utility bill showing physical address, (6) curriculum vitae (personal education/work resume), (7) last 2 years financial statements, (8) last 2 years personal income tax returns, (9) photocopy of property documentation (registered title deed & registered survey), (10) original recent certificate of title deed from the Public Registry, (11) appraisal on the property by an approved appraisal company.

A32: The interest rates are generally right in line with those offered in the USA, however, interest rates really depend on a variety of factors, including; (1) type of property (personal residence, commercial property, investment property, etc.), (2) age of construction (new construction, old construction), (3) term of the loan (short term, long term, etc.), (4) applicants age and status (retired, etc.), and (5) additional collateral offered to the bank as guarantee on the loan.

A33: Yes. If you have obtained a Pensioned Visa (this is a type of resident visa for foreigners who have proven that they receive a pension of at least US$500 per month) in Panama, and you are of a certain age, then you qualify for special discounts for interest rates on mortgages

A34: Yes. There is a law called the “preferential interest law”, which offers special low interest rates, under the following conditions; (1) the buyer must be a first time buyer, (2) the property being purchased must be newly constructed, (3) the unit must be for residential purposes, (4) the amount being financed must be in the range of US$25,000 to US$62,500, after the down payment, (5) the financing cannot be more than 95% of the appraised value, (6) the property must be titled, and (7) the loan must not exceed a 15 year term. This is regulated under Law No. 50 (October 27, 1999), which partially amended Law No. 28 (June 20, 1995) and Cabinet Decree No. 44 (1990), stipulates that the benefits to the lending institutions are as follows: (a) 4% discount (also a tax credit to the financial institution) off the maximum fixed interest rate, which is established by the Superintendent of Banks, will be awarded if the loan value is for more than $25,000.00 but less than $62,500.00, (b) 5% discount (also a tax credit to the financial institution) off the maximum fixed interest rate, will be applicable if the loan is for less than $25,000.00.

A35: Property appraisals in Panama generally range between US$150 up to $1000, depending on the particular property. For example, a simple 3 bedroom home in Panama City would probably cost around $100 to $150, however, a 300 acre farm located in the interior of Panama, with 2 homes, barn, horses, cattle, and other property improvements could cost $1000 for an appraisal due to the complexity of the appraisal as well as the transportation costs and time frame involved.

A36: Home inspections in Panama can range between $50 up to $300, depending on the particular property.

A37: Yes, title insurance is offered by reputable international title insurance companies on literally all types of property in Panama. Contact us for details.

A38: No. Title insurance is not generally required for financing, however, fire insurance is always required for buying property with construction improvements (house, commercial building, etc.).

A39: The cost for title insurance in Panama depends on the insurance company and the property you want title insurance for. Generally, title insurance costs around 1% of the value of the property, with a minimum of around $1000 insurance premium. The title insurance is a one time payment with most insurance companies.

A40: We recommend Kevin Bradley, who is a licensed, bonded insurance agent that speaks perfect English, and is part of a large local insurance group. He offers all types of insurance including; health, auto, life, homeowners, fire, travel, disability, etc. For more information, please visit www.panamakevin.com . We also have other insurance agents we work with in the event that you need a second quote, so feel free to contact us for details.

A41: Yes. Panama property foreclosures are available, and in many cases, real estate investors can get great deals if they know what they are doing. In Panama, property foreclosures are referred to as “remates judiciales”, which literally means “judicial foreclosures”. Foreclosures in Panama are basically judicial procedures where banks generally file for a liquidation of the debt, and the court schedules a public bid auction.

A42: The procedure for purchasing foreclosed property in Panama depends on the particular status of the foreclosed property. For example, if the property is being foreclosed by a bank, due to non-payment of debt, then the bank must file the foreclosure with the court, and depending on the type of foreclosure filing, then the court may schedule a public bid auction, listing a minimum bid amount. On the day of the bid auction, interested buyers must provide a 10% deposit of the minimum bid amount, in the form of cash or certified check (the amount must be exactly 10% or more, otherwise, the bidder loses the opportunity to participate in the bid), including a form stating the offered bid amount. At approximately 4:00 pm, the court gathers all bids and posts them publicly so all the bidders can see, and offer higher bids within the next 30 minutes. At that point, the bidders can negotiate between each other and in some cases, bidders will accept a cash payment from other bidders in return for retreating from the bid. Once you win the bid, you have 2 business days to pay the balance. Any bidders that participated in the bid, who lost the bid, receive their 10% deposits back immediately. Please note that when you purchase foreclosed property, the time frame is much longer to obtain the title, because the court must first adjudicate the title to the bid winners name, which takes several weeks, and in some cases, months, depending on the particular transaction.

A43: Panama Titled property is privately owned with a title document which is registered on a public deed through the Public Registry of Panama (like a “fee simple” property title deed in the United States, for example). Panama possession rights property is property owned by the government of Panama, which is occupied by a Panamanian person or entity (Panama corporation or foundation), who has been granted a “right of possession” certification through the respective local government authorities, meaning that the person or entity holding the “possession rights” certification has the right of use of the property.

A44: Yes, in many cases, Possession Rights property can be titled if the property is located on the mainland. Currently, the law prohibits titling of possession rights property on certain island regions (such as Bocas del Toro) or in certain areas on the mainland, such as on native Indian reservations, national parks, country border lines, and a few other specific restricted areas. On the coastline of the mainland, the law allows you to title possession rights starting from 22 meters from the high tide line.

A45: In some regions, such as the Perlas Islands, and the islands near Colon City (like Isla Grande, for example), special laws have been approved which enable titling of possession rights on those specific island regions. However, currently the law prohibits titling possession rights on other certain islands, such as Bocas del Toro, for example. There are some private groups that are currently working with the government of Panama on introducing new laws to enable titling of possession rights on islands in the regions that currently prohibit titling of possession rights. The government of Panama also created an organization called “PRONAT”, which was established specifically to facilitate titling of possession rights property across the nation, however, this organization is currently established only in certain provinces of Panama, and has not reached certain areas (such as Bocas del Toro, for example).

A46: As long as the due diligence is completed and the possession rights certification is verified through the respective government authorities, it is generally safe to buy the possession rights over government property in Panama. However, it is important to understand the nature of what a Possession Right is, and the general guidelines to follow for securing and maintaining the possession rights over property in Panama. A “possession right” is similar to what were “squatters rights” back in the old North-West of the United States when the frontier was opened for people to go and claim their stakes on land. Possession rights holders are Panamanians who have squatted on government land for a certain period of time (normally 5 years or more), and have obtained a right of possession certification through the respective government authority, such as the mayor, sheriff, or reforma agraria (the government institution responsible for overseeing rural farm lands). The right of possession certification is an official document that certifies that the person has the right of use and possesses the land, describing the location, area (size) of the land, and describing the names of the neighbors to further identify the location. A survey should accompany the possession rights certification to correspond with the definitions of the area, borders, etc. The right of possession can be sold or transferred to third parties, however, the transaction is not registered at the Public Registry, rather it is processed through the respective government authority that issued the Possession Right certification.

A47: In some cases, people have lost their possession rights over government lands when they have abandoned the property for a long period of time. You must understand that Possession Rights are basically the “right of use”, with the understanding that one day you will acquire the land from the government by applying for a property title (or you will apply for an administrative concession). If you abandon possession rights land, and someone else begins using the land, then they can obtain a possession right certification showing that they are using and occupying the land, giving them the right to then apply for a property title (if permitted in that particular region). We always recommend that when our clients buy possession rights lands, they should always; (1) fence the land, (2) farm or build on the land (such as a house, etc.), (3) maintain the land (cut the grass, etc.), and (4) have someone watching over the land (such as a care taker). We also recommend that, if the land is on an island in a region where titling is not permitted, then you should apply for an administrative concession over the possession rights land, which is a contract with the government that guarantees you the pacific right of use of the land for a 20 year term, which is renewable for another 20 years (similar to a land lease). The administrative concession gives you the security of a property title, in that even if you abandon the land for a long period of time, the government still grants you the right to remove intruders from the land.

A48: The cost and time frame for an administrative concession over possession rights property in Panama varies depending on the nature of the project for which the concession is being applied for. For example, the cost and time frame would be much higher for a large hotel project than for a simple family home. Please note that administrative concessions require a lot of documentation, including property surveys, construction drawings, project plan description, right of possession documents, power of attorney, environmental impact study, financial analysis (in some cases), and more. Administrative concession applications & documents must go through several different government offices / ministries, and require signatures of several government authorities, all of which makes the process very time consuming, and in some cases, administrative concessions can take years to approve. The costs can range from as little as US$2500 in legal fees (plus expenses of surveys, construction drawings, etc.) up to as much as $10,000 or more in legal fees, depending on the complexity of the project and the time & documentation involved.

A49: The first step is to find a property you like, and negotiate the price and terms of the sale with the seller (or Panama real estate broker). Second, you should seek a qualified attorney in Panama to handle the due diligence on the possession rights over the property, putting your Panamanian attorney in contact with the seller (or real estate broker) to gather copies of the possession rights certification documents and survey (if available). Third, have your attorney prepare a Promise to Buy/Sell Contract to lock in the sale and secure the terms agreed upon (a deposit of 10% is usually required by the seller upon signing the promise to buy/sell contract), plus this gives you time to do the due diligence. Fourth, once the attorney has confirmed the possession rights certification is valid, then the final closing is scheduled, where the buyer/seller sign the final Buy/Sell Contract. Fifth, payment is made to the seller, broker, and attorney from escrow (in some cases, buyers/sellers agree that payment is made after the possession rights certification over the property is transferred into the buyers name). Sixth, the Buy/Sell Contract is presented to the government authority and a new possession right certification is issued in the name of the buyer.

A50: Absolutely. The Panamanian government welcomes foreigners to develop real estate in Panama.

A51: No. A realtors license is only required if you wish to sell property that belongs to other people and earn sales commissions on the sale of the property.

A52: No license is required to buy and sell your own properties in Panama. Licenses are only required for real estate brokers who wish to sell other peoples properties and earn commissions on those sales.

A53: The first step is to get the property surveyed topographically by a Panamanian licensed topographer / engineer. Second, you need a Panamanian licensed architect to design the master plan. Third, you need a Panamanian engineer to prepare the construction drawings. Fourth, you need a Panamanian licensed environmental engineer to prepare an environmental impact study. Fifth, you present the project to and get it approved by the ANAM (Autoridad Nacional del Ambiente), which is the equivalent of the Environmental Enforcement Agency in the USA. Sixth, you present the project to the municipal engineer to get the construction permits. Depending on the project, there may be additional steps necessary in terms of permitting.

A54: The time frame and cost depends on the size of the project, and the region you are developing in. Some projects can take years to obtain permits and cost upwards of US$50,000, others can take as little as 3 months and cost a few thousand dollars. It really depends on the specifics of the project, where it is located, and the impact it will have on the environment. Usually, once the environmental impact studies are approved by ANAM, the other municipal permits are relatively quick.

A55: Currently, surveyors charge in the range of $200 per lot or per hectare (2.4 acres per hectare) for regular linear surveys (outlining the perimeter, size and borders of the property). Topographical surveyors charge from $150 up to $500 per hectare, depending on the location of the property, condition of the property, and the specifics needed (for example, if you want special information included, such as identifying specific species of trees, depth of rivers, etc.). It is important to hire a surveyor that is reliable, and who will provide accurate data, as well as computerized surveys (usually done using a program called Autocad).

A56: No. According to the law, environmental impact studies are only required under certain conditions, depending on the density and location of the development. The law that regulates this is the following; EXECUTIVE DECREE no. 59 (Of 16 of March of year 2000 "By which Chapter II of Title IV of Law 41 of 1° of 1998 July is regulated, General of Atmosphere of the Republic of Panama".

Article 14. The list of projects that will enter the process of Evaluation of Environmental Impact, according to the anticipated thing in the present Title, is the following. Following the description of each project, appearing between parenthesis and in capital letters, are the abbreviations of the Competent Authority that must receive the Study of Environmental Impact that the above mentioned article talks about:

i. Tourist, residential or commercial infrastructure work development.

Tourist development in protected coastal areas. (IPAT means “Institute of Tourism of Panama”) should receive a copy of the Environmental Impact Study if the development consists of; tourist developments in either a protected or unprotected natural areas, coastal zones, use of the bottom of water (seas, oceans, lakes or rivers), concessions and development fillings with areas of 1 hectare (approximately 2.4 acres) or more, and all the contemplated activities in Law 8 of 14 of June of 1994. (IPAT – tourism incentive law). Residential city (urban) planning developments with gross density (population) of 100 or more inhabitants per hectare, or rural (located outside city limits) developments with a gross density (population) of 250 or more inhabitants. (MIVI means “Ministry of Housing”) should receive copy of the Environmental Impact Study, if there are 5 or more city planning developments of a total of 5 hectares (each hectare is equal to approx. 2.4 acres) or more, with gross density of 250 or more inhabitants per hectare, or 300 or more inhabitants, within urban areas.

A57: Environmental impact studies range in price from as little as $750 to $75,000, depending on the size of the project, impact on the environment, and depending on the environmental engineer you hire for the job. For large developments with high environmental impact, we recommend hiring a top quality environmental engineering firm to handle the environmental impact study, as they have the human resources and organization to prepare a study that will get approved under harsh scrutiny and difficult circumstances. For smaller, non-impacting projects, an individual environmental engineer may suffice. However, please note that the environmental impact study is detrimental to the permitting of the project, and it is important to hire qualified engineers to prepare your environmental impact study, otherwise, if the project is rejected by ANAM, you may be forced to wait up to 2 years to re-present the project for approval.

A58: Yes. The government of Panama offers several tax breaks for developers, depending on the type of project and the location. For example, in certain areas of Panama, the government offers tax exonerations on importation of construction materials, equipment, automobiles, and more. In addition, property taxes are exonerated for up to 20 years on new construction, offering buyers tax incentives.

A59: In June 1994 the government of Panama enacted Law No. 8 to further promote tourism investment in Panama. This law was later modified in April 1995, and is now similar to that which regulates tourism investment in Costa Rica, more specifically, allowing investors, both foreign and local, to obtain tax breaks for up to 20 years under certain circumstances. The law regulates public lodgings, receptive tourism agencies, tourist transport services of passengers, tourist restaurants, discos, nightclubs, specialized tourism centers, recreational parks, theme parks, zoos, convention centers, marine complexes, tourist development zones of national interest, etc. Once an interested party or corporation has completed the necessary forms, they must be submitted to IPAT (Panama Tourism Institute), where they will be reviewed by IPAT's Board of Directors. This board meets once a month, at which the Minister of Commerce serves as the Chair person. Upon approval, the benefits are granted to the developer. Some of the tax incentive are: (a) 20 years of full exoneration from import duties for the introduction of any material, vessels, automobile and/or equipment, which must be used to build and furnish public lodging establishments, (b) 20 year exoneration from real property tax, (c) Exoneration from any tax or assessment on its capital, (d) Exoneration from warfare or any fee for landing on piers, airport (etc), (e) Exemption from payment of income tax on any interest earned by creditors (etc), (f) Annual rate of 10% will be allowed for real property depreciation, not including the cost of the land.

“Starting February 1, 1990, income obtained from selling real property, which is reinvested in new constructions, will be exempt from income tax, as long as the cost of the new construction is at least four times applicable in each case. If the cost of the new construction does not exceed the amount mentioned above, the tax payer will be authorized to deduct from the income originally obtained, at least twenty percent (20%)........”. Mortgage Banks also receive tax incentives if they issue loans to buyers of residential units, providing they meet the following criteria: (a) It is the first purchase, (b) It is a residential unit and the amount of the purchase price is between $25,000.00 and $62,500.00, (c) The mortgage's duration can not exceed 15 years. Law No. 50 (October 27, 1999), which partially amended Law No. 28 (June 20, 1995) and Cabinet Decree No. 44 (1990), stipulates that the benefits to the lending institutions are as follows: (a) 4% discount (also a tax credit to the financial institution) off the maximum fixed interest rate, which is established by the Superintendent of Banks, will be awarded if the loan value is for more than $25,000.00 but less than $62,500.00, (b) 5% discount (also a tax credit to the financial institution) off the maximum fixed interest rate, will be applicable if the loan is for less than $25,000.00.

A60: Yes. Since the enactment of Cabinet Decree No. 109 (1970), successive legislation has been passed offering tax benefits to developers. As the nation's largest employment sector, the construction industry received these incentives to help bolster investment in this sector, which would in turn benefit the country's overall employment picture. It has been widely accepted that, as a result of these incentives, purchasers of real property have also benefited. Cabinet Decree No. 44 (1990), and its implementation through Resolutions No. 201-1622 in December 12, 1990, enunciates that the purchaser of residential units, apartments or single homes, built within the time table set forth in the Decree, is exempt from property tax (improvements value) for up to 20 years from when construction began. It is important to note that this exemption does not include property tax on land, but refers to the dollar value on all improvements on new construction. The developer also benefits from an exemption of income tax, if the earnings obtained from the construction are reinvested into new construction projects within two years; certain conditions apply. This tax incentive is similar in nature to those referred to in the United States as the 1031 exchange or "the like kind exchange". As mentioned above, article 3 of Cabinet Decree No. 44 (February 17, 1990), states the following:

A61: There is a new law that prohibits developers from putting up advertisement signs on the property before permits are issued. However, developers can attend trade shows, offer brochures, and other forms of advertising prior to permitting.

A62: The first step is to buy the property title (the condominium must be on titled property), design the building, and get the environmental impact study approved. Once that is complete, you can apply for the construction permits through the municipal engineering office, and finally proceed with the incorporation of the “PH – Propiedad Horizontal” (this means “Horizontal Property”, which is how Panamanians refer to Vertical property incorporations). The PH incorporation allows you to obtain titles for each of the condominium units. Since the promulgation of Law No. 13 (1993), which amended Cabinet Decree No. 217 (1970), the City of Panama has witnessed new designs and construction on housing, commercial offices, clinics and shopping centers. Incorporating a condominium under the present regulatory structure is a fairly simple procedure, which takes approximately 4 to 6 months. Owners of apartments, regulated under Law No. 13, normally obtain loan services from one of the licensed mortgage banks (some of these include Banco General, Banvivienda, Banistmo, Banco Continental, Caja de Ahorros, Banco Hipotecario, etc.) in Panama. However, several of the more than eighty General License Commercial Banks in Panama also provide long term loan facilities for construction and consumer mortgages for buyers of your condominium units.

A63: Yes. However, as with any country or state, the rental market depends on the particular location (city or district). Some locations are great for rentals while others are not. We advise that you consult with us as to the particular property you are wanting to purchase, as well as inform us as to your particular goals, so we can advise accordingly, or if we cannot advise you, we can refer you to a reputable realtor or expert on property in that particular area you are interested in.

A64: Yes, rental income is considered the same as regular local income, and is applicable for taxes in Panama.

A65: Yes, you can use depreciation as a tax write off for rental property income in Panama.

A66: You can write off expenses such as maintenance, repairs, maid service (cleaning), insurance, etc.

A67: If the lessee is a local Panamanian, then the standard deposit is one months rent, however, if the lessee is a foreigner (non-Panamanian), then the standard deposit is two months rent, although some property owners require up to 3 months deposit.

A68: First, you need to have the lessee sign a rental agreement, which should be registered at the MIVI (Ministerio de Vivienda, or the “Ministry of Housing”). A deposit of one months rent is paid to the MIVI, who holds the deposit as a guarantee to the lessee that the deposit will be returned at the end of the lease, and as a guarantee to the property owner (lessor) that, in the event of damage to the property, the costs for damages can be recovered from the deposit held by the MIVI.

A69: Yes. With the implementation of Law No. 93 (1973), the owner of an apartment and/or office unit, with a monthly rent between $250.00 and $500.00, is not permitted to raise the rent unless first approved by the MIVI (Ministry of Housing). All other leasing contracts, with rents superior to the monthly amounts mentioned above, are free to be governed by private agreements between the parties. This law remains in force today. Law 38 (1984) was later enacted (resulting from private sector criticism surrounding Law No. 93, and the lack of new investment by developers on rental buildings) and with it came deregulation in the leasing market, however, this modification in the law only applies to new rental buildings which commenced construction after November 16th, 1984.

If you rent to people living outside the country however the income is not subject to tax.

A70: There is a procedure called “lanzamiento” which is filed through the court house in Panama. The procedure takes approximately 6 to 8 weeks to get the person off the property.

A71: Yes, there are many rental management companies in Panama. Most rental management companies are simply realtors or real estate companies that take commissions for renting your property to their clients, however, few of them are in the business of offering full rental management services such as maintenance, collecting rents, keeping accounting records, etc.

A72: If you are simply seeking a renter for your property, most realtors charge a commission equal to the first months rent. However, if you are seeking a full time rental management service including finding a renter, dealing with maintenance issues, collecting rents, keeping accounting records, etc. then real estate management firms normally charge from 10% to 30% of the rental income.

A73: If you are seeking a local Panamanian renter, you can advertise in the local newspapers, such as La Prensa, La Critica, and Panama America. If you are seeking a foreign renter (such as a tourist or retired person seeking a temporary rental while they are checking things out in Panama), you might consider print advertising in The Visitor newspaper (a tourist information newspaper), or advertising on our web site.

A74: The first step is to get your construction plans finished and they must be signed, sealed, and stamped by a Panamanian architect. Second, you take the property documents and construction plans to the municipal engineer in the region you are building for approval.

A75: Costs range depending on the region you are constructing in. The construction permit itself is not costly, however, the taxes (if not exonerated), on the declared value of the construction can be up to 1.5%, depending on the location.

A76: No. Hiring unethical or unreliable contractors is the biggest mistake most people make when they move to Panama. Many foreigners, with attempts to save a few dollars on construction, make the mistake of hiring contractors that are not licensed, and have limited resources and limited experience, resulting in poor quality work, and in many cases, under budgeting problems. We recommend dealing only with licensed, bonded, reputable contractors. If you need a referral to a good contractor, we can refer you to one, however, we do not take responsibility or liability for any future conflicts you may have with any referred contractors.

A77: We recommend a variety of contractors, depending on exactly what type of project you wish to do.

A78: That depends on your goals. If your goals are to retire in Panama, and you wish to use a reforestation investment as a vehicle for obtaining legal residency in Panama, then it is a good investment, assuming it fits within your overall investment strategy. If your goals are to help the environment, it is a good investment. If your goal is to make a long term investment that will give you or your heirs a substantial pay out within a 20 to 25 year period, it is a good investment.

A79: That depends on what your objectives are as well as how much effort you wish to put into the reforestation project. With developed reforestation projects, the developer does all the work, you just make the investment. If you are going to develop your own reforestation project, this requires that you first buy the property, then have it reforested, then have it certified, and then maintain the property, which is a lot of work and time involved.

A80: The process is fairly simple. First, you buy the property (it must be titled property). Second, you have the property surveyed and create a design of lots so you can segregate the lots when you sell each lot. Third, you reforest the property (some reforestation developments only reforest a small portion, and continue reforesting as they sell lots). Fourth, you register the reforestation project with the local forestry registry, to get it certified as an official reforestation project. Fifth, you begin selling lots.