Proposed Asset Tax

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jimmythegreek

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Dec 4, 2008
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The Govt. wants another big score.....

I'm surprised it's taken this long.

Government raises "special" payment of property taxes

https://www.diariolibre.com/economi...especial-de-impuestos-sobre-bienes-GF10735425

You've got to be kidding me-this proposal will cause severe problems with the banking system here, if not an outright banking crisis. The real estate side will also be severely impaired. All will cause a very serious ripple effect through the economy.
 

kg4jxt

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Mar 28, 2014
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The customer service desk ladies at my local Banco Popular branch had not heard of such a law, advised me that there was nothing to worry about because they are 'private and cannot be compelled to levy such a tax'; and then they calculated a charge of 0.15% "ley" when I took a cashier check. What is this "ley" charge, I asked? Well it is mandatory tax. Aha, so they can be compelled - of course. LOL.
 
Apr 30, 2006
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www.drlawyer.com
Confusing remarks are being made on this and other threads about this new bill.

It will not levy a new 5% tax on bank deposits, nor will it bring a 3% increase on your yearly property taxes. This should be clear to all; so no, a run on the banks is not near and real estate property prices will not plummet when the bill is enacted into law (expected before the end of 2018).

What the bill does is offer taxpayers a 9-month period to: a. declare unreported assets; or, b. reassess the value of those which were undervalued at the time of their acquisition.

The law includes other assets, but for the sake of this thread I will stick to 3 simple and practical examples on bank deposits and real estate. The figures below are, of course, quick estimates made to better illustrate the most common cases. There are also a number of ifs and hows for which we will all have to wait until the law is enacted and the Tax Office issues its application ruling. If you currently do not have a trusted tax advisor on call this is the perfect time to begin looking for one.


1. Bank deposits:

Say you had a US$100,000 DR-taxable income in the past and never declared it. These funds are sitting on a savings bank account or CD either locally or abroad.

This new law will allow you to voluntarily declare this income within the 9-month period after the bill is enacted, by paying a one-time 5% tax on the total declared amount, i.e., US$5,000, instead of the 25,000 you would have had to pay if you fell under the 25% income tax bracket.

2. Unregistered real estate:

15-25 years ago, you purchased a house for US$200,000 and for one reason or the other it has never been registered at the Tax Office (you have never paid a penny on real estate transfer nor annual property taxes). The Tax office has yet not given you notice to register it and pay the last 3 years of back taxes and fines.

The new law will allow you to voluntarily register the property at the Tax Office within said period with the payment a one-time 3% tax based on the value of your purchase. All back taxes will be eliminated. After its registration, the standard 1% property tax will be due yearly thereon based on this registered value.

3. Undervalued registered real estate :

You purchased your house back in 2010 for US$500,000, but at the Tax Office you registered a deed of sale with a purchase value of US$200,000, and ended up effectively paying US$6000 for your 3% title transfer taxes.

If you were to sell the property today for say 700,000, you would get hit with a hefty capital gains taxes bill close to US$108,110 (~15% effective tax rate of the transaction value).

The new bill would allow to increase your acquisition base up to the actual price paid for the property, by paying 3% on the real purchase price, minus what you effectively paid for title transfer taxes when the undervalued price was declared:

500,000 x 3%: 15,000 - 6000 = US$9,000.

So, instead of a capital gains tax bill of 108,110, you will end up paying a mere 7,775.
 

kg4jxt

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Mar 28, 2014
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Thank you Sr. Guzman - I am glad to hear this clarification. My own mini-run on the bank is already complete, but Banco Popular seems to be unshaken. I sigh with relief. :)

This brings to mind an interesting real estate tale. We bought a property with gringo partners in 2012, and paid the 3% tax on the purchase. We then built a house on "our half" of the property, and our partners decided to back out. We bought their half for 1000 pesos, but we had to pay 3% on the assessed value of their 'half' (which now included half of OUR house - I have no idea how they came up with a value - they only saw an aerial photo, I guess, or maybe visited very stealthily - we are not easy to find even when you know the way). So we have actually already paid 1.5% of the value of the house. More than we planned, but an interesting outcome of Dominican high finance, fyi.
 

Expat13

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Jun 7, 2008
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Confusing remarks are being made on this and other threads about this new bill.

It will not levy a new 5% tax on bank deposits, nor will it bring a 3% increase on your yearly property taxes. This should be clear to all; so no, a run on the banks is not near and real estate property prices will not plummet when the bill is enacted into law (expected before the end of 2018).

What the bill does is offer taxpayers a 9-month period to: a. declare unreported assets; or, b. reassess the value of those which were undervalued at the time of their acquisition.

The law includes other assets, but for the sake of this thread I will stick to 3 simple and practical examples on bank deposits and real estate. The figures below are, of course, quick estimates made to better illustrate the most common cases. There are also a number of ifs and hows for which we will all have to wait until the law is enacted and the Tax Office issues its application ruling. If you currently do not have a trusted tax advisor on call this is the perfect time to begin looking for one.


1. Bank deposits:

Say you had a US$100,000 DR-taxable income in the past and never declared it. These funds are sitting on a savings bank account or CD either locally or abroad.

This new law will allow you to voluntarily declare this income within the 9-month period after the bill is enacted, by paying a one-time 5% tax on the total declared amount, i.e., US$5,000, instead of the 25,000 you would have had to pay if you fell under the 25% income tax bracket.

2. Unregistered real estate:

15-25 years ago, you purchased a house for US$200,000 and for one reason or the other it has never been registered at the Tax Office (you have never paid a penny on real estate transfer nor annual property taxes). The Tax office has yet not given you notice to register it and pay the last 3 years of back taxes and fines.

The new law will allow you to voluntarily register the property at the Tax Office within said period with the payment a one-time 3% tax based on the value of your purchase. All back taxes will be eliminated. After its registration, the standard 1% property tax will be due yearly thereon based on this registered value.

3. Undervalued registered real estate :

You purchased your house back in 2010 for US$500,000, but at the Tax Office you registered a deed of sale with a purchase value of US$200,000, and ended up effectively paying US$6000 for your 3% title transfer taxes.

If you were to sell the property today for say 700,000, you would get hit with a hefty capital gains taxes bill close to US$108,110 (~15% effective tax rate of the transaction value).

The new bill would allow to increase your acquisition base up to the actual price paid for the property, by paying 3% on the real purchase price, minus what you effectively paid for title transfer taxes when the undervalued price was declared:

500,000 x 3%: 15,000 - 6000 = US$9,000.

So, instead of a capital gains tax bill of 108,110, you will end up paying a mere 7,775.

As for the bank savings accounts, is the 5% levy based on the balance at the time of newly enacted bill, or will it be calculated on all deposits made over a period of time?
 

SKY

Gold
Apr 11, 2004
13,509
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As for the bank savings accounts, is the 5% levy based on the balance at the time of newly enacted bill, or will it be calculated on all deposits made over a period of time?

Did you read this part.


Say you had a US$100,000 DR-taxable income in the past and never declared it. These funds are sitting on a savings bank account or CD either locally or abroad.
 

Expat13

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Jun 7, 2008
3,255
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Did you read this part.


Say you had a US$100,000 DR-taxable income in the past and never declared it. These funds are sitting on a savings bank account or CD either locally or abroad.

Yes i did see the example but still doesnt completely answer my question. Example, you may had money in your account over a 10 year period, money made from outside Country activity, maybe transferred from one of your other personal accounts, (maybe from a property sale in USA) from outside the Country etc. I was just wondering how they/or the resident would figure out all the different possible variables here. Also some here mention that would would just prefer to wire it outside of Country to avoid all this. If doing this, I dont see how that would escape this levy based on Mr. Guzman's example above.
 

drstock

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Oct 29, 2010
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I intend to get professional advice on this. It seems the only way to get a definite answer on your own personal situation. It may cost something but could possibly save a lot, judging from Sr Guzman's comments.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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This is really a tax amnesty bill.

If you haven't paid the full amount of income tax on your past income (or have not made a tax declaration at all despite having income to declare) and have assets that cannot be justified by the income you reported, you can regularize everything by paying 3% or 5% of those assets: 3% if it's real estate, 5% if it's money.

Nobody will be forced to apply for the amnesty when the bill is passed. Every person will have to decide what to do: whether to run the risk of getting caught later under more stringent tax enforcement and pay 25% of unjustified assets plus considerable penalties or clean up their tax situation by voluntarily paying 3 or 5%.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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By the way, the other señor Guzmán is my son Alfredo, who is the resident partner of the Guzmán Ariza firm in La Romana (Casa de Campo) and who, knowing that I was (and still am) on vacation, pitched in to clear up the misunderstanding.
 
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