- Due diligence costs for the purchase of real estate
- Costs associated with a contract for purchase of real estate and registering title
- Tax or duty on the acquisition of shares in a company owning real estate
- Capital gain taxation on future disposal of real estate or shares in a company owning real estate
jurisdiction
1. Due diligence costs for the purchase of real estate
1.1 Municipal search
Cost
Variable
VAT
Nil
1.2 Utility search (each service)
Cost
Negotiable
VAT
Nil
1.3 Land registry search (per search)
VAT
Nil
1.4 Company search, per company
VAT
Nil
1.5 Survey/Valuation fee, approx
VAT
21%
1.6 Phase 1 Environmental survey
VAT
21%
2. Costs associated with a contract for purchase of real estate and registering title
2.1 VAT on price
Cost
The second and subsequent transfer of the building and transfer of the ownership rights/right of use over the land is subject to transfer tax at a rate of 3% of the purchase price.
VAT
21%
2.2 Transfer duty
3. Tax or duty on the acquisition of shares in a company owning real estate
Stamp duty (court verification of the sale/purchase agreement) approx. EUR 10. Further costs related to registration of the share acquisition within the commercial registry: status change registration within the commercial registry EUR 22.
4. Capital gain taxation on future disposal of real estate or shares in a company owning real estate
4.1 Tax on capital gains on the disposal of the real estate itself
Private entity: subject to capital gain at the rate of 9%. Commercial entity: capital gains derived from the sale of real estate are treated as taxable income of the company and are subject to general corporate income tax at the rate of 9%. Capital gains are calculated as the difference between purchase and selling price (both prices are calculated on a fair market price basis).
4.2 Tax on capital gains on the disposal of shares in a company owning real estate
If shares are held as private asset: 9% income tax on capital gains.
If shares are held as assets of a Montenegrin company: 9% corporate income tax on capital gain applies.
If shares are held by a non-resident company: 9% withholding tax applies.