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Frequently asked questions
How to contact Studio Aura?
For all inquiries, you can contact us by e-mail at [email protected] or by phone at (+385) 91 561 5115 . You can find more information on our contact page: studioaura.hr/kontakt
Who submits the tax return for real estate transactions?
The declaration of tax liability for the payment of real estate transfer tax is considered completed by the delivery of documents from notaries public and courts, and the person liable for real estate transfer tax is obliged to submit the “Property transfer declaration” form, and only if the document is not certified by a notary public or was not issued by a court or public law body within its jurisdiction. The competent tax office issues a Temporary Tax Ruling, i.e. a Tax Ruling on the payment of real estate sales tax. The real estate tax payer is obliged to pay the tax liability within 15 days from the date of delivery of the decision on determining the real estate tax, since the appeal does not delay the execution of either the temporary or the tax decision.
How much is the real estate transaction tax?
Real estate transfer tax is paid at a rate of 3% on the market value of the real estate at the time of the tax liability. The acquirer of real estate can be exempted from the obligation to pay real estate sales tax if he meets the prescribed conditions.
When am I exempt from real estate transfer tax?
If you are buying real estate from a legal entity that is a taxpayer of value added tax (VAT), and VAT is calculated on the real estate (both the building and the land),
There is no tax liability for the buyer. Such a situation is most often faced by buyers when they buy an apartment in a new building (first move-in).
ADDITIONAL TAX EXEMPTIONS WHEN ACQUIRING REAL ESTATE
Citizens do not pay real estate sales tax if they:
• persons who acquire real estate in the process of returning confiscated property i
consolidation of real estate,
• exiles and refugees who acquire real estate by exchanging their real estate in
abroad,
• protected tenants who buy a residential building or an apartment in which they live
based on the lease agreement,
• citizens who buy a residential building or apartment (including land), na
to which they had the right of occupancy or with the consent of the holder of the right of occupancy
according to the regulations governing the sale of the apartments on which it exists
tenancy right,
• persons who acquire real estate in accordance with the regulations governing it
conversion of social ownership into other forms of ownership,
• spouse, descendants and ancestors who make up the vertical line and adopted children i
adoptive parents who are in that relationship with the recipient of maintenance and from him
acquire real estate on the basis of a lifetime maintenance contract or
on the basis of a lifelong maintenance contract,
• persons who, by dissolution of co-ownership or division of joint ownership,
acquire specific parts of that or those immovable properties, irrespective of the pre-existing and
after the dissolution of co-ownership or division of joint ownership.
• Tax exemptions for inheritance, gifts and other acquisitions
real estate free of charge
• spouse, descendants and ancestors who make up the vertical line and adopted children i
adoptive parents who are in this relationship with the deceased or donor,
• Legal and natural persons to whom the Republic of Croatia or a local and regional unit
regional self-government donates, i.e. gives real estate without
compensation for compensation or for other reasons related to the Homeland War,
• former spouses when regulating their property relations.
What is the solemnization of the rental agreement?
A solemnized lease agreement is a notarial act (agreement) signed by the lessor and the lessee at a notary public, and such an agreement has the force of an enforceable document and protects the Lessor in the event that the Lessee does not fulfill its contractual obligations. With the enforcement clause, the lessor protects himself from various risks such as the collection of due and unpaid rents, overhead costs or various damages in the real estate, so that an immediate forcible execution is carried out on the entire movable and immovable property of the Lessee, and on all accounts with third-party legal entities that deal with the Lessee’s payment transactions for the purpose of payment. If the Lessee does not hand over the property in question to the Lessor, free from all persons and belongings of the Lessee, after the expiration of the Lease Agreement or the notice period established by the Agreement, the Notary Public will, at the request of the Lessor, attach a certificate of enforceability to the Agreement.
What is an agency agreement on mediation?
According to the Law on Mediation in Real Estate Transactions, the relationship between the Agency as an Intermediary and the Principal (seller/buyer) is regulated. With the contract on mediation in real estate transactions, the Intermediary undertakes to try to find and connect with the Principal a person for the purpose of negotiating and concluding a specific legal transaction on the transfer or establishment of a specific right to real estate, and the Principal undertakes to pay him a certain intermediary fee if that legal the deal is concluded. A brokerage agreement is not an agreement to sell real estate. It is concluded for a certain period of time, and if no date is specified, it is considered to be concluded for 12 months and can be extended by agreement. The mediation agreement is binding for the Principal for 12 months and after its termination or expiration, in terms of the payment of the agency commission if there was a sale with a third party as a result of the Intermediary’s actions.
Who pays the agency commission and when?
According to the Law on Real Estate Brokerage, the agency commission is paid by the Principal, that is, the person who engaged the agency for real estate brokerage and signed the Brokerage Agreement with it. The principal is a natural or legal person who can be a seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions. The agency commission is paid at the time when the contract for the purchase and sale of real estate is concluded, which is also defined by the agency contract on mediation in real estate transactions. The amount of the agency commission, according to the Law on Real Estate Brokerage, is freely agreed upon with the Client in the Brokerage Agreement in the amount of 0% to 6% +VAT.
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