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Selling, buying and renting homes in Cuba

Legislation to the processes of buying and selling homes

Official Gazette No.35 of 2011 which comprises: 1. Decree Law No. 288 of 2011. Council of State 2. Resolution No. 85/11 Central Bank of Cuba (BCC) 3. Joint Resolution No. 1/11del National Housing Institute (INV), Home Office (Interior Ministry), Ministry of Justice (MINJUS) 4. Resolution No. 342/11del INV 5. Resolution No. 343/11 of INV 6. Resolution No. 351/11 the Ministry of Finance and Prices (MFP) 7. Resolution No. 270/11 the Ministry of Justice (MINJUS)

Resolution No. 270/11 the Ministry of Justice (MINJUS) The transfer of property by gift, purchase or exchange must be made before a Notary Public in the municipality where the property is located, upon registration of this in the Registry of the Property and the price freely agreed between the parties.

The purchaser must declare under oath that no one owns a permanent residence housing and credit, with the corresponding bank document, the existence of money in a bank, for the purposes of full payment of the agreed price.

The house is paid by cashier's check, issued by the bank to the seller, or receive compensation in the case of swaps, which is delivered to the beneficiary in the act of formalizing the notary

The check can not be transferred or assigned to third parties and expires 60 days from the date of issue. The bank branch, after identification of the beneficiary, you can pay cash or transfer the amount to an existing bank account or a new account.

The seller, must be credited the inscription of the property at the Registry of Property and paid the debts due to the payment of the transfer of home ownership, which will test presenting the document to this effect issued by the bank branch.

The tax is calculated and paid in Cuban pesos (CUP) regardless of the value of the act charged is expressed wholly or partly in convertible pesos (CUC), in which case this value must be converted to Cuban pesos (CUP), applying the exchange rate for currency purchases of the population.

Individuals who sell are required to:

Pay the tax on personal income, consisting of 4% of the proceeds from the sale of the property, or compensation (in the case of swaps) that are recorded on the deed.

The payment of this tax is made at bank branches in the municipality for the fiscal domicile of the seller or receiving compensation, within thirty (30) calendar days after the date of execution of the notarial deed in question, and enters the Treasury under paragraph 053032, "Personal Income Tax - Sale of Goods", by the payment model CR-09 you can buy at bank branches or local offices of the ONAT

The Cubans and foreign permanent residents in the country, who purchase homes are required to pay tax on Goods and Transfer of Inheritance

If it is a donation is 4% of the discounted value of the houses, or whatever it consists in the updated title.

For acts of sale is 4% of the selling price of housing, where less than the current value of the same, otherwise you take the latter

Exchanges without compensation, 4% of the discounted value of the home you acquire the permutantes

The settlement is in the banking offices of the municipality where the acts take place encumbered by model DJ-05 Affidavit of Transfer of Property Tax and Inheritance. Payment must be made within thirty (30) calendar days after the date of execution of the notarial deed or notice of the relevant administrative decision.

The DJ-05 can be purchased at post offices for the price of $ 1.00 CUP, and entered the treasury by paragraph 072012, "Tax on Transfer of Property and Inheritance"