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Fined by the taxman for slashing property prices

System exasperating a dreary situation

Cash-strapped developers are complaining they are being faced with hefty fines by the taxman for slashing property prices.

“Developers are being punished for selling properties at a lower price than the market value. We have been alerting the authorities about this problem for quite a while now. We have to find a system that eliminates this,” Malta Developers Association chairman Michael Falzon said.

The tax regime has been unchanged for years, but the slump in the market opened more opportunities than before for serious price reductions, Mr Falzon explained. Moreover, many developers have banks breathing down their neck for money and, therefore, are practically forced to sell out in some cases.

A developer, who spoke anonymously in view of pending appeals against valuations made by government architects, said the situation was costing them serious money, not only in terms of the fines themselves but also because the issue could jeopardise the deal.

He said he recently sold a three-bedroom maisonette in Għargħur for €293,000, which was an advantageous price, considering the locality and the top-notch property it was. Soon after, he had a government architect knocking at his door valuing the property at €350,000 and slapping him with a €3,000 fine.

This is on top of the tax that has to be paid, which stands at five per cent of the property’s value. He said he had to pay €17,500 in tax rather than €14,650.

“This situation is very common in our circles but now it’s hitting harder because the demand for property is on the decline. The architects’ valuation is very subjective because there is nothing to go by. In fact, I appealed and the second architect gave me a different valuation. This is a circus,” he said.

Mr Falzon, an architect by profession, said the system was exasperating an already dreary situation for developers, some of whom had considerable stocks of unsold properties.

The association is proposing to do away with valuations and have property transfers taxed in line with a standard set of rates established by the government. The rates could be per square metre, depending on the area where the property was situated.

“Establishing such an index and using it as a basis for taxation is the only realistic and serious way out. This would avoid the present shambles and uncertainty in the system and the vexation of whoever buys or sells property, as the final amount of taxation due as a result of the sale would be established beforehand,” Mr Falzon said.

While the Finance Ministry said it was willing to consider alternatives to the present system, which it described as an “effective tool to curb tax evasion”, the “proposals made so far give rise to more problems than solutions” because the tax amount could scare buyers.

A ministry spokesman added that “the system is policing developers in what they declare for income tax purposes and, possibly, this is what is really concerning them”.

Mr Falzon disagrees, saying that while it was true that the present system was launched when under-declaring in contracts “was rife”, nowadays this was happening “on a much smaller scale”.

“Since then many measures were taken, including by the government, to curb under-declaring – and the economic situation has also changed. The present system is doing more harm than good,” he insisted.

The ministry spokesman also dismissed any link with the affordability of properties. “The government’s role is surely not that of intervening in the market and prices should reflect demand, a basic economic fundamental,” he said.

He added that the records showed that only a third of properties sold were actually inspected and more than 65 per cent of these were found to be compliant.

“(This) proves that architects’ valuations are close to market realities,” the spokesman noted.

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Mr F J Brincat

Dec 20th 2011, 08:26

And what has your comment got to do with the article? That's right, nothing!.

Emma Xerri

Dec 20th 2011, 17:33

@D. Galea

My sentiments exactly.

A friend of mine was looking to purchase property in Malta and after looking at various types of houses in many locations decided against purchasing. The reason was that invariably, even if the property was acceptable, the enviornment outside looked like a war zone - lots of construction machinery, blocks of apartment and garages left unfinished and empty etc. Who issues these speculators with permits should be held accountable.

martin chetcuti

Dec 19th 2011, 19:45

@A.Xuereb
''can anyone explain how from a demolished house the developer manages to build 10 garages, 2 maisonettes, 4 flats and a penthouse?''
I tell you why.
Because there is a department called Mepa which have a set of rules and parameters for developments. The developer together with his architect knows the Mepa rules therefore he make the development accordingly. OK HAPPY ??

A. Xuereb

Dec 19th 2011, 21:01

@ Martin chetcuti: Since I dont live in the land of nod I do know about MEPA thank you very much. My point is that from a modest sized terraced house with average sized rooms one cannot possibly build 10 garages, 2 maisonettes, 4 flats and a penthouse! Unless of course you call a rabbit hutch a deluxe penthouse! And sell it for the advantageous price of 300,000 !

martin chetcuti

Dec 19th 2011, 21:36

@A.Xuereb
I do think that you do really live in the land of nod for rabbit hutches do not sell for €300k. There is a whole range of property prices that suit everyone and this I am sure you know it.

martin chetcuti

Dec 19th 2011, 19:48

@A.Xuereb
If its not an advantegous price for you look for something cheaper. That is how it works as with everything money can buy.

R Bartolo

Dec 19th 2011, 21:22

"When the developers were selling at more than the valuation..." ...they paid tax on the actual sale price, and did not "make any extra".

What has the rest of your comment to do with the subject at hand?

J. Debono

Dec 19th 2011, 16:48

'Whats next a tax on oxygen!!'

PLEASE DO NOT GIVE IDEAS TO THE GOVT!!!!!!!!!!!!

Mr Mike Rizzo

Dec 19th 2011, 18:11

Excellent summary. The point about criminalising the innocent (assumed guilty until proved innocent) is also something the European Court on Human Rights might have something to say about.

A. Xuereb

Dec 19th 2011, 21:02

Well said Mr Tyrell.

J. Debono

Dec 19th 2011, 13:44

We are talking about under-declaring the true amount here. You totally missed the point. That's why the govt. sends an architect. The problem is that these architects have no set of rules to work with, but evaluate on a subjective terms.

E Schembri

Dec 19th 2011, 12:55

Exactly!

Who has created the inflated property prices in the first place?? Not the contractors themselves!?
Now they have to reduce the prices due to lack of sales but the property estimation is still what they were asking 2 years ago.

Tough luck, before they made easy money as young couples had no choice but to pay through their noses to get a decent home. Now it is time for the contractors to reap what they sowed!

Peter Murray

Dec 19th 2011, 12:07

I agree but when has fairness and justice ever been taken into account when considerations are applied to citizen's needs and requiremennts as opposed to tax-gathering methodology being deployed by any government?

martin chetcuti

Dec 19th 2011, 12:01

@Joe Scerri
No its not obscene . Perhaps its beyond your budget. The buyer was not forced to buy it I suppose...

Deo Catania

Dec 19th 2011, 12:50

Martin Chetcuti are you a so called developer yourself perhaps? €350,000 for a maisonette is daylight robbery no matter what you say.

E Schembri

Dec 19th 2011, 13:05

@ MArtin Chetcuti.

NO, he is right! It is obscene! It is the contractors who have inflated the price of property not the market.

Just take a look at the 50000+ vacant properties and one can easily conclude that contractors have for many years made quick money on the backs of young couples! Contractors always kept property off the market in order to keep prices high, now the bubble has burst with banks breathing down their backs and they are forced to reduce prices thus still paying higher taxes.

If contractors were not greedy in the past and property was sold at its true market value, they would not be in this mess now. Tough luck to them!

martin chetcuti

Dec 19th 2011, 19:37

@Deo Catania
@E Schembri
What is the fuss ?? Why is it obscene ?? Refrain your envy and let those who have money dispose of there money in what they like... There are people who paid €350k for a Yacht a Plane or jewellery...This individual decided to invest his money in a property. By the way there are maionettes available at €100k as well if it suits you..

A. Xuereb

Dec 19th 2011, 21:23

Well said Mr Scerri. I said the same thing and Mr Chetcuti also told me that I should look for something cheaper ! He also calls us envious of other people's money! Mr Chetcuti had better look up the property pages of this newspaper and he would have no problem realising that what this maisonette went for is nothing short of daylight robbery. The new owner must be thrilled with the bargain he made !

martin chetcuti

Dec 21st 2011, 18:56

@A.Xuereb
So what ?? this buyer decided to pay how much he deemed to be right, its his OWN money he could have buyed anything he liked with his money.. And yes I see property prices as I am in the business and I know that in certain areas € 350k maisonettes do exists but there are also much much cheaper than that therefore you cannot say its robbery its a matter of likes and budget one can afford

Frans van Avendonk

Dec 19th 2011, 11:14

This tax scam applies also to private buyers, not just developers!

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