The Golden Visa Programme launched by the Portuguese Authorities is a fast track for foreign investors from non
-EU countries to obtain a fully valid residency permit in Portugal (“Golden Visa”).
Under the Golden Visa programme, non
-EU citizens simply need to carry out one of the investments set out in the law to qualify to obtain a residency permit in Portugal. This residency permit will allow the investor and his family members to enter and/or live in Portugal and to travel freely within the vast majority of European countries (Schengen space).
Aimed at attracting foreign investment to Portugal, the Golden Visa is a very straightforward and flexible programme, with simple and clear legal requirements. With extremely reduced minimum stay requirements, the Golden Visa is clearly one of the most attractive residency programs for investors in the world.
Some Common Questions and Answers
Portugal
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The Golden Visa. What is it?
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Portugal’s non-habitual resident tax regime
Portugal has what is called a non-habitual resident (NHR) tax regime. In effect, it is a program that allows qualifying individuals the opportunity to become tax residents of a “white-listed” jurisdiction and still legally eliminate their taxes on most foreign-source income.
The tax residency is good for 10 years and does not come with the typical obligation that you visit or live in Portugal part of the year to maintain your resident status there.
The biggest draw of the program is the opportunity to reduce your income tax to zero.
This is possible, in part, due to Portugal’s 71 double taxation treaties. According to the regime, as long as the source country of your income has the power to tax your income (regardless of whether or not they actually apply the tax), Portugal will not tax your foreign-sourced income.
The list of income sources that will not be taxed under this set-up includes foreign-source self-employment, royalties, eligible occupations, occupational pensions, capital gains and investment or rental income.
It is important to note that capital gains from the sale of securities will be taxed, as will income sourced from a blacklisted tax haven that does not have a double tax treaty with Portugal.
Finally, if you happen to have Portugal-sourced income, it will be taxed at a flat rate of 20%. -
How can I get non habitual residence in Portugal?
To qualify for the non-habitual resident program, you must either be a citizen or a resident of Portugal. Residency can be achieved through the Golden Visa program. In both cases, you cannot have been tax resident in Portugal at least five years prior to your application to become a non-habitual resident.
(You become a tax resident either by spending 183 days or more per year in Portugal, or by establishing a “place of abode” there (purchased or rented) that you intend to keep and occupy habitually.)
Once you obtain Portuguese residence, you have until March 31st of the following year to apply for your NHR status. To apply, all you have to do is fill out a request and supply an official document stating that you were not a tax resident of Portugal in the five years previous to your arrival.
If tax authorities have doubts about your claim, they will demand further documentation to prove your prior residence. If not, the process really is that simple.
As mentioned before, though you must be a resident in order to apply, you do not have to live in Portugal for any period of time after obtaining your NHR status. You can even break your tax resident status for more than a year and still maintain your condition as a non-habitual resident.
This program is a good opportunity for those who want to live in Europe, but don’t want the residency obligations that force you into becoming tax resident in a country where you are taxed on your worldwide income. -
What types of investments are allowed under the Golden Visa rules?
The Golden Visa programme was recently widened to include further types of investment. As a result, the following types of investment now qualify for the Golden Visa programme:
a) Property Investments:
i. Acquisition of property above € 500,000;
ii. Acquisition of property above € 350,000
- for properties more than 30 years old or located in areas of urban renovation.
b) Capital Investments:
i. Transfer of Funds above € 1,000,000;
ii. Transfer of Funds above € 350,000 for research activities;
iii. Transfer of Funds above € 250,000 for artistic or cultural activities;
iv. Transfer of Funds above € 500,000 for capitalization of small and medium size companies.
c) Job creation:
Creation of a minimum of 10 jobs;
It should be noted that only investments effectively made after 8th October 2012 are eligible for the Golden Visa programme. -
For how long is the Golden Visa valid?
Once issued, the Golden Visa will be valid for an initial period of 1 (one) year and then will be renewed for subsequent periods of 2 (two) years.
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What are the general requirements that the investor has to comply with?
The simplicity of the Golden Visa Programme implies an extremely reduced amount of requirements being asked from the investor. The Golden Visa Programme sets out that the investor must comply with general requirements applicable to all types of qualifying investments and also with the specific requirements of each type of qualifying investment.
In general, all investors have to comply with the following requirements:
a) Keep the investment for a minimum period of 5 years
b) Funds for investment should come from abroad
c) Entry in Portugal with a valid Schengen visa
d) Absence of references in the Portuguese Immigration and the Schengen services
e) Absence of conviction of relevant crime
f) Minimum stay in Portugal: 7 (seven) days during the first year and 14 (fourteen) days during each subsequent period of two years -
What are the specific characteristics for each type of qualifying investment?
Each type of qualifying investment has specific characteristics, as follows:
(a) Property Acquisitions
i. Acquisition of property above € 500.000;
- Minimum investment of € 500,000
- Purchase of one or multiple properties
- All property types qualify
- Possibility of co
-ownership;
- Freedom to use, rent or lease
- Investment amount may be reduced by 20% (€ 400,000) in case such investment is made in low density population areas
ii. Acquisition of property above € 350,000
- For properties more than 30 years or located in areas of urban regeneration. This value includes not only the property but also the investment in the refurbishment works
- Possibility of co
-ownership
- Freedom to use, rent for commercial or agricultural purposes
- Investment amount may be reduced by 20% (€ 280,000) in case such investment is made in low density population areas
(b) Transfer of Funds
i. Transfer Funds above € 1,000,000
- Minimum investment of € 1 million
- Funds transferred from abroad to a bank in Portugal
- Total freedom to invest the funds
- Possibility of using the funds to invest in shares of companies
ii. Transfer of Funds of at least € 350,000 applied to research activities carried out by entities which are part of the national scientific and technological system
- Minimum investment above € 350.000
- Funds transferred from abroad to a bank in Portugal
- To be used in research activities conducted by public or private scientific research institutions involved in the national scientific or technologic system
iii. Transfer of Funds of at least € 250,000 applied to investment or support to artistic production or recovery or maintenance of the national cultural heritage
- Minimum investment above € 250,000
- Funds transferred from abroad to a bank in Portugal
- Investing in artistic output or supporting the arts, for reconstruction or refurbishment of the national heritage
iv. Transfer of Funds of at least € 500,000 for acquisition of participation units investment funds or capital investment companies for capitalization of small and medium size companies
- Minimum investment above € 500,000
- Funds transferred from abroad to a bank in Portugal
- Investment used for purchasing shares in investment funds or in venture capital
(c) Job Creation
- Creation of a minimum of 10 jobs
- No minimum investment value
- No limitation on areas/activities
- Compliance with Social Security obligations
- Possibility of grants/incentives/benefits
- Investment amount may be reduced by 20% (8 employees) in case such investment is made in low density population areas -
What are the main advantages of the GOLDEN VISA Programme?
The Golden Visa Programme will provide investors with the following advantages:
- No need to obtain a visa to enter Portugal
- No need to obtain a visa to travel in Europe (Schengen area)
- Living and working in Portugal, even with residency in a different country
- Residency extended to family members
- Extremely low minimum stay periods
- Low taxes (see questions 22 – 24)
- Permanent Residency after 5 years
- Citizenship after 6 years -
What is the Schengen Area and what are the countries included?
The Schengen Area is a group of 26 European countries that have abolished passport and immigration controls at their common borders. With a resident permit from Portugal, the investor is entitled to enter and travel freely throughout all the countries of the Schengen area.
The Schengen Area includes the following countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland.
Romania, Bulgaria and Croatia are currently candidate countries to the Schengen Area. -
Is it possible to extend the Golden Visa to family members?
Yes. Under the Golden Visa Programme, the investor’s family members may also apply and obtain a resident permit from Portugal by applying for “family reunion”. The Golden visa will be extended to family members, namely children, spouse and dependent family members.
The family members will also be eligible for Permanent Residency after 5 years Portuguese Citizenship after 6 years. -
How can the investor and family obtain Permanent Residency after 5 years?
Under Portuguese Law any person that has held a valid Portuguese temporary residency title (e.g. the Golden Visa) for a period of at least 5 years, he will be entitled to obtain Permanent Residency in Portugal.
The investor and family members will have to meet the following criteria in order to be able to apply for Permanent Residency in Portugal:
- Absence of conviction of relevant crime during the last 5 (five years)
- Proof of income / financial independence
- Proof of accommodation in Portugal
- Basic knowledge of Portuguese -
How can the investor and family obtain Portuguese Citizenship?
The Portuguese legislation also sets out that any person who has been validly resident in Portugal for at least 6 (years (either under a temporary or permanent residency title), is eligible for obtaining Portuguese Citizenship.
In order to be able to obtain Portuguese Citizenship, the investor and family members will also have to comply with the following requirements:
- Be at least 18 years old (or at least 16 but married or legally responsible)
- Absence of conviction of any relevant crime
- Pass a simple Portuguese language test, which will serve to show sufficient knowledge of the language -
The documents are not in the Portuguese Language. What does the investor need to do?
- Which documents does the investor need to provide to apply for the Golden Visa?
The application for the Golden Visa implies that the investor will have to submit the following documentation:
- Proof of Investment
- Passport & Valid Schengen Visa
- Portuguese Fiscal number
- Criminal Record from country of origin and/or residency
- Portuguese Criminal Record
- Declaration from the Tax Department proving the absence of debts to the Tax Authorities
- Declaration from Social Security proving the absence of debts to Social Security Authorities
- Declaration from the investor confirming compliance with the investment requirements
- Health Insurance valid in Portugal (if living in Portugal)
- Receipt of payment of the initial application fee.
Any document that is not in the Portuguese or English languages needs to be translated to Portuguese. The translation needs to be certified. -
Are there any specific requirements for documents issued by foreign authorities?
Document issued by foreign authorities need to be legalized before being submitted in Portugal. This legalization means obtaining the Appostille of the Hague Convention (when applicable) or legalization by the Portuguese Consular services.
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What is a Fiscal Number? Why does the investor need one and how does he get one?
A fiscal number is an identification number before the Portuguese Tax Authorities (also known as the tax number). This number is required to carry out the investments.
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Where may the investor apply for a Golden Visa?
Any investor interested in applying for a Golden Visa, can submit the application, either personally or via a legal representative appointed by him, in one of the following manners:
a) Online Registration
By registering online at the Services of Foreigners and Borders’ (“SEF”) website. After the registration is complete the investor will receive a password and will be able to access online in order to submit the necessary forms and documents.
b) In Person
In person, at the Services of Foreigners and Borders in Portugal.
It should be noted that the investor and family members will always have to be present at the Service of Foreigners and Boarders of Portugal for fingerprinting, signature and other formalities.
We strongly recommend obtaining legal advice from an experienced law firm before taking any of the steps of the Golden Visa, namely before making any kind of investment or submitting any applications or documents. -
What are the costs involved in obtaining a Golden Visa?
The Golden Visa involves payment of the following fees (payable directly to the Services of Foreigners and Borders (“SEF”):
a) Processing fee (application and renewal)
- € 517.40 (plus € 80.60 per family member)
b) Initial Golden Visa
- € 5,173.60 per applicant
c) Renewal of Golden Visa
- € 2,586.80 per applicant -
How long will the application take to be processed and does the investor have to pick up the Golden Visa in person?
Once the application is submitted at the Services of Foreigners and Borders (SEF), it will take a few months for the application to be processed (please note that this is just an estimate based on our recent experience).
Once the application is processed, the Services of Foreigners and Borders (SEF) will contact the investor or the investor’s legal representatives in Portugal to proceed with the payment of the corresponding approval fees. -
Are there any grounds for refusing the issuing of a Golden Visa or its renewal?
The investor (or any family member) will only be refused the Golden Visa (or its renewal) if:
a) He/she has not maintained the investment for the minimum period of 5 (years)
b) He/she has not complied with the minimum periods of stay in Portugal
c) He/she has been convicted of a crime punishable with a prison sentence of more than one year
d) The investor is in a period where he/she has been banned entry into Portuguese territory following a removal measure of the country
e) On the grounds of public health (this may only be based on diseases that have been defined by the World Health Organization or other infectious or parasitic contagious diseases which are the object of protection measures in Portuguese territory)
f) A Golden Visa may be refused on the grounds of public order, public security or public health -
What happens to the investment after 5 years – can the investor sell the property / transfer the money to another country/extinguish the job positions?
Yes, the investor only needs to hold the investment during the Golden Visa’s validity period – 5 years.
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Can the investor sell the investment at any time if he no longer needs the Golden Visa?
Yes, but without proof that the investment has been kept, the investor will not be able to renew the Golden Visa Permit.
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Does the investor need to live in/use the property he is purchasing or can it be rented out?
No. The investor does not need to occupy the property and it can be rented out to obtain income.
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What are the taxes and costs for property acquisitions and ownership?
There are three taxes in Portugal related to property:
a) Payable with the acquisition of the property:
- “IMT” or Property Transfer Tax”, which is the tax on transfer of ownership of property
- Stamp Duty
Note: The exact amount of taxes to be paid varies according to the actual value of the acquisition.
b) Payable on an annual basis:
“IMI” or Council Tax, which is the annual municipal property tax; it is levied between 0.3% and 0.45% on the property’s tax value. -
With the Golden Visa does the investor need to pay taxes in Portugal on his worldwide income?
No. If the holder of the golden visa does not stay in Portugal form more than 183 consecutive days, he/she will not be required to pay taxes for income generated outside of Portugal.
The investor can aslo apply for exemption within 6 months of registration under the NON HABITUAL TAX RESIDENCY (NHR) Scheme, where all worldwide income from specific sources like Pensions, Dividends, Royalties are exempt from taxation for 10 years.
The income must not have come from a black listed country and needs to have already been taxed at source in one form or another, e.g. corporate tax. -
What income taxes apply to income generated in Portugal?
Rental income and income arising from capital (e.g. interest, dividends, etc) will be taxed at a rate of 28%, unless you are registered under the Non-habitual residence scheme in which case your overseas income can be taxed free for 10 years. Income dervied from Portugal would be taxable at a lower rate if in the eligible critera.
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What is the process of buying a property which is not yet built?
• The purchaser and the developer sign a Deed of Sale so that the development can either be started, or transferred if it is already built.
• A Deed of Sale is the document in terms of which ownership of a residential unit is transferred from the developer to the purchaser. Once you sign the Deed of Sale, you are the registered owner of the unit. This will entitle the purchaser to immediately apply for a Golden Visa permit if the purchase price exceeds EUR 500,000.
• The purchaser will make staged payments in line with the consrtruction if the house is not already built, otherwise payment will be made in full if it the development is completed.
FOR UNBUILT PROJECTS
Stage 1: Signature of Deed of Sale 25%
Stage 2: On completion of ground floor slabs 30%
Stage 3: On completion of the property exterior 35%
Stage 4: On completion of the property interior 5%
Stage 5: When the property is made available to the buyer 5%
Mauritius
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A Quick Summary
• Mauritius is one of the most highly sought after destinations for expats and international investors. This is because it is one of the best countries in the world that excels in almost every department, from economics, social, political to taxation, crime and beyond. It is rated Africa's number one country with excellent tax laws and a landscape that can only be known as Paradise.
• We manage the entire process for you and your family to obtain a lifetime permanent residency. The laws require you to purchase a property in excess of USD 500,000 in order to obtain this permit. We normally get the permit within 30 days of full application.
• We also provide free trusts, companies and tax structure set ups required to ensure your investment is tax efficient. We will look after your entire purchase process and journey so you do not have to think about anything.
• The money for reservation prior to construction is safely kept with a Notary in an escrow account. Escrow accounts are interest earning so your money does not just sit for 2 years without gain whilst you wait.
• When we sign over the deed of sale to you, we give you a bank guarantee of completion and this ensures you that if something was to gowrong, either you get your money back or the house you purchased without risk. The guarantee we provide is from an international financial institution.
• Mauritius is renown for RES, PDS investments like Prometheus where you purchase your home off plan and take delivery within 2-3 years.
• We are approved and regulated by the Mauritian government (Board of Investment). Our business is open to scrutiny and transparent to you at all times.
• We provide rental pool management and concierge services for you to make money from your investment by renting. Customers can expect gains bertween 3 to 7%, and am increased resale value of the property by up to 30%.
• If you fly from your home country to visit Mauritius and chose to reserve a property with Prometheus, we will cover the costs of your flights. -
Are the properties freehold?
Yes. All properties are fully owned by you once payment is complete. Upon purchase, land transfer tax of 5% is paid to the Mauritian Government. Beyond this, there is no further annual tax.
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Buying Process
What is the process of buying a property in Mauritius?
The Purchaser and the Promoter sign a contract of preliminary reservation (‘CRP’). In terms of the CRP, 10% of the selling price is required as an initial deposit.
Once the Promoter has advised the Purchaser that the project is going ahead (i.e. in all the relevant permits, financial, legal and technical requirements are in place), a Deed of Sale is signed.
A Deed of Sale is the document in terms of which ownership of a residential unit in the PDS is transferred from the Promoter to the Purchaser, once you sign the Deed of Sale you are the registered owner of the unit. This will entitle a purchaser to immediately apply for a residence permit if their purchase price exceeds USD 500,000.
The purchaser will make staged payments in line with the Government implemented VEFA system through to the completion of construction.
Stage 1: Initial Deposit - On signature of Reservation CRP (Pre-Purchase Agreement) 10%
Stage 2: On signature of Deed of Sale after Certificate of Property Development Scheme (PDS) 15%
Stage 3: On completion of the Foundations 10%
Stage 4: On completion of Ground Floor Slabs 15%
Stage 5: On completion of First Floor Slabs 10%
Stage 6: When the Roof is completed and the property is Closed in 10%
Stage 7: On completion of the property Exterior 10%
Stage 8: On completion of the property Interior as per Deed of Sale 15%
Stage 9: When the property is made available to the buyer 5%
By purchasing a unit off-plan, how is my purchase secured?
The acquisition of a unit off-plan or during construction of the project is governed by the provisions of a ‘vente en l’etat future d’achevement’ (‘VEFA’), in accordance with the Mauritian Civil Code.
The Promoter provides the Purchaser with a guarantee of future completion, Garantie Future d’Achévement (‘GFA’).
This GFA is issued by a registered financial institution in Mauritius, usually a bank, and is a guarantee that the unit you have purchased will be completed and delivered to you in accordance with the project specifications and drawings.
The GFA is issued to you simultaneously with your signature of the Deed of Sale.
In the case of Prometheus, the GFA will be issued by The Mauritius Commercial Bank Ltd, the largest bank on the island.
Is it possible to obtain a mortgage?
The Mauritius Commercial Bank Ltd (MCB) is willing to finance up to 60% of the purchase price
Interest Rate : LIBOR + 5% (for foreign currencies)
Are there other fees payable in addition to the purchase price?
Notary fee which is currently calculated on a sliding scale as follows:
- 2% on the first MUR 250,000, subject to a minimum charge of MUR1,000;
- 1.5% on the next MUR 500,000
- 1% on the next MUR 1,000,000
- 0.5% on the remainder of the selling price
- Value Added Tax, currently 15%, is also payable on the notary fee.
PDS Registration Duty to Board of Investment Application (BOI), which is currently 5%
BOI Application Fee, which is currently MUR 10,000 -
Do you assist in obtaining a Permanent Residency Visa for Mauritius?
When purchasing a property of a minimum of $500,000 USD, you automatically become eligible for a 10-Year renewable permanent residency visa. Our legal team won’t hesitate to assist you with preparations, further appling to the Board of Investment for you – FREE OF CHARGE!
You can literally leave everything in our honest and trustworthy hands, once you have provided all documents we need from you so that we can apply on your behalf. -
Can I obtain financing or a mortgage if I wish to buy?
Yes. Banks are more than willing to finance up to 70% of your prospective purchase. If financing is required, please contact the us for further assistance.
We work with our chosen partner banks; with whom we have good relations as well as a Real Estate finance broker.
Foreigners can process 10, 15 and even 20-year financing agreements through MEILLEURTAUX. Please get in touch with Mrs. Caroline LEPESTEUR for more - based in Grand Baie. -
Are you able to assist with the legal process of registration?
Of course. Our professional legal team will assist from start to finish in order to obtain permission from the Board of Investment for you to purchase the property.
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Completion Guarantee
Your luxury home comes equipped with the same building guarantee as those used in the UK and Europe, protecting you from construction faults or in the unlikely occurrence that Prometheus ("The Promoter") fails to complete or follow through with a project.
This guarantee covers you in the event of bankruptcy of the Promoter or construction company, and is issued by a reputable bank to safeguard the completion of the project.
A project is guaranteed to go forth once 50-60% of the total project has been reserved in advance. It is at this point that building can ensue. If this is not the case, your funds will be fully refunded to you without negotiation.
The Promoter is required by law to furnish a “Bank Completion Guarantee”, which works to guarantee the buyer that the construction of the property will be fully completed and finalized.
Further, The Promoter is also liable for latent defects for ten years, to which the architects, contractors and other persons linked to the promoters by contract for work, are themselves bound pursuant to 1792 and 2281 of the Mauritius Civil Code from the date the property is made available to the buyer.
Note: Your funds only remain in the safe hands of your Escrow Bank account in your name, managed by a notary or lawyer. Your money is always safe at all times - guaranteed to only be put towards the project once the government has given the green light for development. -
Deposits you make and Escrow
Where will my deposit be held?
Your deposit will be held in an escrow account opened with a Mauritian registered financial institution or alternatively in the Notary’s trust account until the Deed of Sale is signed. Once the Deed of Sale is signed, the deposit is released to the Promoter as part of the selling price.
Will my deposit attract interest?
Yes -
Eligibility for Acquisition of Residential Property
The following persons may acquire a residential property from a PDS Company:
• A non- citizen of Mauritius
• A citizen of Mauritius
• A company registered as a foreign company under the Companies Act 2001
• A company incorporated under the Companies Act 2001
• A societe, where its deed of formation is deposited with the Registrar of Companies
• A trust, where the trusteeship services are provided by a qualified trustee who is licenced by the Financial Services Commission
Note: A qualified Global Business holding a Global Business, as defined under the Financial Services Act 2007, is not entitled to obtain any property under the PDS scheme. -
If I purchase a unit off-plan, how will you secure my purchase?
The acquisition of a unit off-plan or during construction of the project is governed by the provisions of a ‘vente en l’etat future d’achevement’ (‘VEFA’) This refers to the sale of a property in its future state of completion - in accordance with the Mauritian Civil Code.
The purchasers only provide payment at various different stages of construction.
These stage are certified by an independent QS (Quantity Surveyor)
As a counterpart, the vendor must provide a bank guarantee, provided by the Mauritius Commercial Bank, stating that the works will be completed.
Upon execution of the deed of sale, the seller must immediately transfer all rights on the land and existing buildings to the purchaser.
Prometheus (the promoter) will provide the purchaser with a guarantee of future completion, otherwise known as “Garantie Future d’Achévement” (‘GFA’).
This GFA is issued by a registered financial institution in Mauritius, and function as a guarantee that the unit you have purchased will be completed and delivered in accordance with the project specifications and drawings initially promised.
The GFA is issued to you simultaneously with your signature of the Deed of Sale. -
Legal Costs
The Promoter has appointed an independent notary to manage property conveyance, at a fee of 0.5% of the purchase price of the property. This is payable directly to the notary by the buyer. (This fee excludes VAT of 15%)
Although there are additional costs for the notary processing fees, Prometheus guarantees to cover all these costs, giving you ultimate peace of mind. -
Own a property in Mauritius
Freehold property, politically stable, safe, tax incentives.
Mauritius is a democratic and politically stable country with a well-educated population. The country may be small, but boasts a thriving economy, and has actually been voted the best economy in Africa for the past 5 consecutive years. The country is easy to do business with, possessing a highly attractive tax regime. Mauritius has been steadily evolving from an agricultural dependent economy, to a thriving land diversifying into textiles, tourism and superior financial services.
The Government has assisted in stimulating foreign investment in many ways, and one of them has been through the possibility for foreigners to purchase freehold property and obtain Permanent Residency - mainly from PDS (Property Development Scheme) which has replaced the previous schemes of the IRS (Integrated Resort Scheme) and RES (Real Estate scheme) -
Rental Management
Rental management is ideal for investors who wish to achieve the optimum combination of pleasurable home ownership, with an additional return on investment. You can easily enjoy the use of your home for holidays several weeks a year, while being able to rent it out for the remainder of the year, automatically providing you a share of the rental turnover generated by your home – which is typically 60% for the investor and 40% for the rental management (also to cover running costs). Rental management agreements are concluded with a formal contract, which is drawn up for an initial 5-year period. Further, rent is paid out on a quarterly basis. This rental income is subject to an advantageous flat tax rate of 15%, which is applicable to Mauritius.
Who is responsible for managing my luxury home rental?
We have a dedicated subsidiary managing the resort and all of its homes. Our team strives to take thorough care of every step of the home rental process. Rentals may be offered by night or week, and are inclusive of standard hotel services such as reception, house-keeping and laundry. A wide range of optional, chargeable services are also available from our Concierge service, such as excursions, chef services, child-minding, car hire and much more.
We utilize dedicated sales and marketing tools, expanding from our online booking website to agreements with international tour operators and travel agencies.
Mauritius is a luxurious holiday destination, attracting clientele from around the world for holidays, golf trips, weddings and honeymoons. The resort is managed just like a luxury hotel would be, run by a skilled and dedicated team of hotel industry professionals. From receptionists to maintenance and house-keeping, child-minding and bar staff, our international clientele is guaranteed service excellence and high quality delivery at all times. -
Reserve of your property
To reserve your property, the buyer (you) and seller (Prometheus) must enter into a CRP (“Preliminary Reservation Contract”) prior to signing the “Deed of Sale” (DOS) Here, the buyer must deposit the equivalent of 10% of the purchase price on the Deed of Sale, along with an independent escrow agent. This works to secure your reservation and property selection, until such time that your certificate to purchase has been issued to you by Mauritian Authorities.
In the event that no approval to purchase is given by the Mauritian Authorities, this 10% escrow deposit will be returned you as and when the situation arises. -
The Purchase of your property
Prometheus sells properties on an off-plan basis (sale for future delivery) also commonly known as VEFA (Vente en Etat Future d'Achevement) in Mauritius. When the Mauritian Authorities issue you with the approval to purchase your property, the CRP is replaced by a Deed of Sale, where the Developer goes on to issue the buyer with a bank completion guarantee, together with the freehold title of your land, which is registered by a notary in the name of the buyer (you)
Prometheus will organise and take full control of the entire process for you from start to finish, through its banking partner and professional legal team.
The Stages of the Buying Process:
1) Signature Preliminary Contract
2) Within 2 weeks of signing, a deposit equal to 10% of the sale value must be transferred to a blocked bank account opened in your name with a Mauritian bank.
3) Obtaining a Mortgage if Applicable
4) When the project obtains approval to begin developing, the signature of the deeds of sale must occur in presence of a notary, and a down payment of an additional 15% of the total transaction value, on top of the 10% initial deposit, must be transferred.
In accordance with the Mauritius Civil Code, article 1601-30, the price set out in the Deed of Sale is payable as and when certain events in the work and construction process unfold:
The Payment Schedule
Stage 1: Initial Deposit - On signature of Reservation CRP (Pre-Purchase Agreement) 10%
Stage 2: On signature of Deed of Sale after Certificate of Property Development Scheme (PDS) 15%
Stage 3: On completion of the Foundations 10%
Stage 4: On completion of Ground Floor Slabs 15%
Stage 5: On completion of First Floor Slabs 10%
Stage 6: When the Roof is completed and the property is Closed in 10%
Stage 7: On completion of the property Exterior 10%
Stage 8: On completion of the property Interior as per Deed of Sale 15%
Stage 9: When the property is made available to the buyer 5% -
Screening of Application
1. The PDS Company shall do its due diligence exercise through a reputable bank for all applications received, prior to submission of the same to the Board of Investment (BOI). The PDS Company’s bank shall carry a “Know Your Client” (KYC) exercise, opening a bank account for the client which is otherwise known as the “Escrow Account”.
2. The PDS company may sign the “Contrat de réservation préliminaire à une vente en état future d’achèvement” for the plot. The prospective buyer must deposit 25% (at most) of the amount of investment in the acquisition of the property in the bank. We will typically request 10% to reserve your property of preference.
3. The PDS Company shall forward the completed application form (duly filled out and signed) to the Managing Director of BOI for final approval.
4. In the case of a non-citizen, the following documents must be submitted to the BOI:
i. Individual
(a) Duly authenticated copy of the first 5 pages of your passport
(b) A letter from the bank certifying the KYC exercise for the client.
ii. In the case of a Corporate Applicant (Company):
(a) Certificate of registration, providing evidence that the company is registered as a foreign company under the Companies Act 2001. Alternatively, a Certificate of incorporation under the Companies Act 2001, as may be the case;
(b) Letter from the bank certifying the KYC exercise for the client.
iii. In the case of trust where the trusteeship services are provided by a qualified trustee
(a) Evidence from the Financial Services Commission that the trustee is qualified under the Trust Act 2001
(b) Letter from the bank certifying the KYC exercise for the client.
iv. In case of a société where its deed of formation is deposited with the Registrar of Companies
(a) Evidence of the société possessing a file number with the Registrar of Companies, as well as a deed of formation deposited with the Registrar of Companies
(b) Letter from the bank certifying the KYC exercise for the client.
5. For Citizens of Mauritius:
(a) In order to acquire property in Mauritius, the applicant is required to submit, along with the application form, his/her National Identity card and letter from the bank responsible for certifying the opening of an escrow account.
Documents Required:
The documents required for our purposes from our buyers are as follows (Original or photocopies which we certify:
(a) Birth Certificate
(b) I.D. Card (Passport or National I.D.)
(c) Marriage Certificate (if appropriate)
(d) Proof of Address (Bank Statement and Utility Bill)
(e) Occupation
(f) Passport Photographs -
Taxes Registration Duties (PDS tax)
Registration Duty of 5% of the purchase price is payable by the buyer on the purchase of an PDS property. (This is included in the gross sales value as indicated on the price list.) The seller must pay this on behalf of the buyer, recovering all funds in the property price.
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Transfer Tax
The Transfer Tax equivalent to 5% of the purchase price on the Deed of Sale is payable by the seller (Prometheus) upon the sale of an PDS property. This is recovered from the buyer as part of the gross sales value as is indicated on the price list.
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VEFA System and Contract
The law in Mauritius governing the sale of residential units caters for two procedures:
1 - Off-plan sale (vente en état futur d'achévement) (VEFA)
2 - Direct Sales Contract (built residencies)
VEFA Sales Contract
At Prometheus, the apartments and villas will be sold under the VEFA system, which provides for progress payments at different stages of construction. An independent quantity surveyor certifies those stages. As a counterpart, the vendor has to provide a bank guarantee that the works will be completed. In the case of Prometheus, the guarantee will be given by The Mauritius Commercial Bank Ltd, the largest bank on the island.
Mauritian civil law is almost entirely based on French civil law. VEFA or off-plan sales, as they are referred to in the UK, are essentially governed by the same rules as those laid down by the French Civil Code. These are fully protective of purchasers.
The main characteristic of a VEFA contract is that ownership of the land passes to the purchaser immediately upon execution of the deed of sale, while ownership of the building itself only passes to the purchaser on completion of the construction.
A further advantage of the VEFA system is that, as the land title passes immediately to the purchaser, the residence visa or permit becomes available at that time.
As building contractors are liable for any defects in the building for a period of 10 years, they must take out special insurance covering their works, for the benefit of the purchaser and subsequent owners of the building. -
What does the warranty period refer to?
We generally provide a 3-Year warranty to repair any defects or damages (excluding natural wear and tear.)
Additionally, we will provide a 10-Year guarantee on all structural or building problems that might arise. -
Who is our Notary?
ETUDE KHOUSHWANT BHEEM SINGH is a sworn Law Practitioner and Counsellor, licensed to practise as a Notary here in Mauritius.
CONTACT:
ETUDE KHOUSHWANT BHEEM SINGH
LABAMA HOUSE
6th Floor, Labama House, 35, Sir William Newton Street, Port Louis
O: (230) 211-0120
Fax: (230) 211-0121
Mob: (230) 5 792 4625
E-mail: khoushwant@etudebheemsingh.com
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Important Notice
We recommend that all buyers seek professional advice when it comes to tax planning, relevant to their own respective tax domicile prior to purchasing a property in Mauritius. This will help in minimising liabilities to taxes and duties.
The purchase of properties will be subject to the detailed terms, provisions and conditions set out by the Deed of Sale. This document does not in any way constitute part or form of the Deed of Sale. All images and information are strictly for illustration purposes only, and should not be relied on as a basis or reason for going through with a purchase.