Buying property abroad. Risks and opportunities for investors from Ukraine are always there, because the investor is faced with the rules of currency control: compulsory licensing and declaration of property.
The contract of sale itself is not a currency transaction. It includes settlement with a non-resident seller in foreign currency.
In order to complete the purchase and sale of real estate, a private person is required to obtain a license for its implementation.
How to get a license can be found in instruction No. 122 of March 16, 1999, which was approved by the NBU. A notarized copy and the original document from the appraiser, which indicates the value of the object on the market, are attached to the application by the buyer.
Based on this amount, a license to purchase an object will be issued. Investments should not exceed the market value of real estate.
This document has a fixed term, so the transaction must be completed during its validity. After the buyer receives the license, a copy of it is submitted to the bank, which will transfer the funds.
Also, the amount of investment can only be changed by receiving a new document.
The NBU may revoke the license if the terms of the operation are violated. In the event of a recall, the person undertakes to return all the funds transferred to Ukraine on time.
In order to fully use the account, you must obtain permission from the NBU to transfer and store funds not in Ukraine. In the absence of a license, a fine of 100% of the amount of transfer of currency values in hryvnias at the NBU rate is imposed.
Also, under currency values, the NBU understands:
Under one license, you can open only one account in a foreign tank. As for the transfer of funds, it is carried out only from the resident’s account.
When using an account by a resident outside Ukraine, for the period of his stay abroad. It includes operations to open or close the couple before leaving the country. Also, a license is not obtained in the case of a foreign institution recording the resident’s operations on the account.
The rules of the individual license stipulate that the resident is obliged to notify the NBU territorial body of the opening of an account within three days. The procedure for submitting reports and declaring currency is also established in accordance with Article 9 of the Cabinet of Ministers of Ukraine.
Under this article, the NBU is obligated to declare currency and property outside Ukraine.
Also, a Ukrainian investor will help to obtain a loan from a foreign bank in order to purchase real estate, but exclusively in non-cash form. A loan agreement must be declared and registered with the NBU. Only after this the contract comes into force.
If you have any additional questions regarding the acquisition of real estate abroad, then Eternity Law International experts will help you in this matter, while minimizing all possible risks and problems.
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