The Bahamas Property Fees & Regulations

Bahamas Buyers

Real Estate Legislation, stamp duties and taxes

Annual or Permanent Residence

Accelerated consideration of applications for annual or permanent residence will be given to major international investors and owners of residences valued at $500,000 or more.

International Owners of Second Homes

Overseas Investors may acquire residential properties in The Bahamas of up to five acres without prior Government approval. Such acquisitions are required to be registered in accordance with the International Persons Landholding Act. Second Home Owners are eligible for a Home Owners Residence Card, renewable annually. This card will facilitate entry into The Bahamas and entitle the owner, his spouse and minor children to enter and remain in The Bahamas for the duration of the validity of the card. Application may be made to the Director of Immigration.

Permit

A permit is required for a non-Bahamian in the following instances:

1: Undeveloped land of five acres in size or larger
2: The property is not a private residence, or is not intended for development as such.

Failure to obtain a permit will render the acquisition null and void but the foreigner will be entitled to recover all monies paid in consideration of the acquisition less any legitimate deductions. If a permit has been granted for the acquisition of land and the intended usage changes then the permit must be varied by the Board otherwise it will be invalid.

Leases

Foreigners are not required to obtain permits, register leases or letting agreements unless they are for trade or business purposes and the term can exceed 21 years.

The Government Stamp Tax on Property Conveyances

A graduated tax is payable on the conveyance of all real property in The Bahamas based on the value as follows:

* Up to and including $20,000.00 – 2%
* From $20,000.01 to $50,000.00 – 4%
* From $50,000.01 to $100,000.00 – 6%
* From $100,000.01 to $250,000.00 – 8%
* $250,000.01 and over – 10%
* A first time homebuyer purchasing a home valued under $250,000 may apply for an exemption of the Government Stamp Tax.
The usual practice in The Bahamas is for the Government Stamp Tax to be shared equally between buyer and seller unless otherwise agreed upon.

Real Property Tax Rates - Tax Act amended as of Jan. 1st, 2003

In respect of owner-occupied property:

The first $250,000 is tax exempt.
* On that portion in excess of $250,000 and less than $500,000 the rate of tax is 0.75% of the market value of the property;
* On the portion in excess of $500,000 the tax rate is 1% of the market value of the property.
* The maximum annual tax shall not exceed $35,000.
 

In respect of unimproved property other than unimproved property exempt by virtue of Section 39 of the Real Property Tax Act:

* Upon that part of the market value that does not exceed $3,000 a fee of $30.00
* Upon that part of the market value which exceeds $3,000 but does not exceed $100,000 a tax rate of 1% per annum of the market value of the property.

In respect of any other property:

* Upon that part of the market value that does not exceed $500,000 a tax at the rate of 1% per annum of the market value;
* Upon that part of the market value in excess of $500,000 a tax at the rate of 2% of the market value of the property.

Market Value is defined as the amount the property would realize, if sold in the open market, without any encumbrances or restrictions. If the return is not filed, the owner is guilty of an offense, and upon conviction thereof, may be fined up to $3,000. Persons knowingly making false statements may be liable upon conviction to a fine of up to $3,000 or six months imprisonment, or both fine and imprisonment. If the tax is not paid on or before the last day the tax becomes due, a 10% surcharge is added.

In the case of an extension of time, the Chief Valuation Officer may postpone the date on which the tax is payable in a particular case, by notice in writing.

Exemptions

Property owned by Bahamians and situated in the Family Islands is exempt from property tax. Property approved as commercial farm land (by the Ministers of Agriculture, Trade and Industry and Finance) is eligible for property tax exemptions.

Also exempt from property tax are:

Unimproved property owned by Bahamians, meaning property without physical additions or alterations, or any works benefiting the land which have not increased the market value thereof by $5,000 or more.
Places of religious worship; school buildings and their gardens and playing areas.
Property owned by foreign governments.
Property owned by foreign nations used for consular offices or residences of consular officials and employees.
Property used exclusively for charitable or public service from which no profit is derived.

Sellers Costs

The Bahamian government charges a stamp tax on all real estate sales or transfers. Under the Stamp Tax Act, this tax is split between the buyer and the seller unless otherwise specified or agreed to by both parties. The amount of the tax varies according to the value and they are as follows:

* Up to and including $20,000 – 2%
* From $20,000.01 to $50,000 – 4%
* From $50,000.01 to $100,000 – 6%
* From $100,000.01 to $250,000 – 8%
* From $250,000.01 and over – 10%

The Bahamas Real Estate Association establishes Real Estate commissions and they are as follows:

* Undeveloped land – 10%
* Developed property (homes, condominiums) – 6%

Lawyers’ fees by the Bahamas Bar Association for handling the sale and purchase of real estate and the scale fees are as follows:
2 ½ % of sale price

There are the principle costs in buying and selling real estate. There are other considerations and expenses related such as the conversion from Bahamian Dollars to U.S Dollars and vice versa, surveying fees if boundary markers are not in place or a survey plan is needed. Appraisal or valuation fee if required is charged in relation to the time spent on the valuation.