ADVANTAGES OF

SURFACE RIGHTS VS ACQUISITION

Surface Rights

Acquisition

MAIN FEATURES

  • Contract for a due period of time (renewable)
  • Ability to transfer the rights to third parties
  • Payment is made along the contracted period
  • Mortgageable with owner’s permission
  • Transfer of rights is final
  • Ability to transfer the rights to third parties
  • Full payment is made at the beginning of the contract
  • Mortgageable

Accounting framework and income tax

  • Income is an operating cost so it is recognised in the Income Statement
  • These expenses are accepted by the tax authorities (tax advantage)
  • The buildings to be constructed can be depreciated according to the contract period (more flexibility)
  • Land is a tangible fixed asset, so it is recognised in the balance sheet
  • Land is not depreciable, so it has no tax impact until it is sold
  • The expenses associated with the buildings to be constructed are recognised with the amortisation in accordance with the tax table

IMT - Municipal Tax on onerous Transmissions of Property

  • 6.5% of the value stated in the contract
  • The value of the contract shall be the product of the eight-tenths of its annual amount, for the number of years it should last, limited to 20
  • 6.5 of the contracts value or the patrimonial tax value, whichever is higher

Stamp duty

0.8% of the taxable value for IMT purposes

IMI - Property Taxes

Annual tax levied on the tax value of the property.

The tax must be paid by the owner of the property or the surface.

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