Real Estate Gazette: Foreign Investment

Issue 34

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Real Estate Gazette Series

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Issue 34 of DLA Piper's Real Estate Gazette is now available. In this issue, we highlight the various legal challenges related to foreign investment.

With a range of subjects covering the benefits of investing in real estate, including opportunities to diversify and the potential for stable and safe returns, possible pitfalls related to the failure to comply with local tax regimes and the lack of awareness around the legal framework governing the purchasing process, this issue has something to appeal to everyone interested in global real estate.

We hope you enjoy reading this latest issue and if you would like to find out more about any of the topics covered, please feel free to contact the authors, who will be happy to help.

In this issue

  • Australia’s foreign investment approval regime
    23 APR 2019

    Australia has a foreign investment approval regime which regulates foreign persons wanting to acquire an interest in certain Australian land and businesses. This article focuses on foreign acquisitions of Australian land.

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  • Foreign investment in Brazil (and in Brazilian farmlands)
    23 APR 2019

    In terms of corporate law, foreign investors in Brazil - either legal entities or individuals - do not face a broad range of legal restrictions and, in general terms, are permitted and welcome in the vast majority of economic sectors.

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  • Foreign real estate investments in Germany - unlimited opportunities?
    23 APR 2019

    This article highlights the opportunities available for foreign investors seeking to profit from the real estate market in Germany and the legal requirements and procedures that must be followed in order for them to do so.

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  • Real estate foreign investments in Morocco
    23 APR 2019

    Morocco is increasingly becoming a strategic target for international investors seeking to diversify real estate investment opportunities.

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  • The 2019 Dutch tax plan - key takeaways for inbound real estate investments
    23 APR 2019

    2018 was a turbulent year for inbound real estate investments in the Netherlands. The Dutch government announced the possible introduction of a conditional withholding tax on interest and royalty payments to low tax jurisdictions and its plan to abolish the dividend withholding tax. However, due to public pressure, the dividend withholding tax was not abolished in the end. Furthermore, the 2019 Tax Plan contains new interest deduction rules and measures on the depreciation of owner-occupied real estate.

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  • Foreign real estate investment in Poland
    23 APR 2019

    Poland is currently considered an excellent market for foreign investment. It was the only economy in the EU that managed to avoid recession during the most recent global financial crisis, and between 2008 and 2016 Polish GDP increased cumulatively by 32.4% - the third best result in the EU.

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  • Portugal and foreign investors
    23 APR 2019

    Portugal is currently considered by many to be the most attractive country in Europe for foreign investment. But what is so special about Portugal? This article argues that Portugal is not only a dream travel destination but also a dream country in which to invest, both in terms of business ventures or real estate. Factors like its environment, friendly people, great weather, democratic government as well as the prevalence of English as the language of business, all combine to support Portugal’s international reputation, and its claim to be an excellent location for foreign investors.

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  • Private education in Southeast Asia - investment plays and regulatory hurdles
    23 APR 2019

    Asia’s future is bright. The Asian Development Bank (ADB) projects Asia’s collective GDP to increase more than 1,000 percent over the first half of the 21st century. Its resulting USD174 trillion (at market exchange rates) is to account for half of global GDP by 2050, equivalent to its share of the global population. China and India are championed as the drivers of this macroeconomic shift, but it would be shortsighted to overlook the role that the Southeast Asia nations will play.

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  • Taxing non-UK resident investors in UK property
    23 APR 2019

    In the Autumn Budget 2017, the UK government announced substantial changes to the taxation of capital gains made by non-UK residents investing directly or indirectly in UK property.

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  • Leveraging in Denmark - a unique mortgage system
    23 APR 2019

    The Danish mortgage system is one of the best in the world for real estate financing, with its unique features making it a highly attractive way to leverage property investments. The system goes back more than two centuries and the Danish covered bond market is today the largest market in the world compared with GDP, and the largest in Europe in absolute terms.

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  • The "Plaza Ban" regulation in Hungary
    23 APR 2019

    In August 2018, the Hungarian government adopted Government Decree No. 143/2018 (VIII. 13) on the detailed rules applicable to the change of designated purpose procedure, which further strengthened the regulation known as the “Plaza Ban.” In particular, it extended the scope of the strict rules prohibiting shops and shopping malls (referred to collectively here as “retail buildings”) with a gross floor area of over 400 sq.m.

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  • Energy performance regulations and investing in Dutch real estate
    23 APR 2019

    Following high-profile litigation contesting its lackluster approach to meeting its own goals on sustainability, the Dutch State is now faced with a court order that requires it to expedite its efforts to reduce CO2 emissions and ensure a more sustainable society. The real estate sector is key in meeting these requirements and subsequently, is faced with ever tightening regulations.

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  • Roadmap for real estate businesses’ second-best investment on earth
    23 APR 2019

    This quote promoting real estate investments above all others is often attributed to the 20th-century real estate investor Louis Glickman. The second-best investment for a real estate business, however, may well be a good tax advisor to consider and mitigate the numerous taxes associated with real estate investments. This article serves as a high-level roadmap, setting out different types of taxes that should be taken into consideration when setting up and growing a real estate business.

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  • Is your hotel operator an agent or independent contractor, and should owners in Asia care?
    23 APR 2019

    Hotel development in Asia Pacific is witnessing an impressive rise. The region’s hotel construction pipeline (excluding China) has grown over 300 percent over the past decade. Currently, there are over 1,000 hotels under construction, with Indonesia, India, Japan, Thailand and Malaysia home to the lion’s share.

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  • Block leasing in Sweden — a growing trend
    23 APR 2019

    In the Swedish housing market, there has been an increasing trend for companies, municipalities and others subleasing dwellings to let to, for example, employees, students, asylum seekers and other groups. This is often done though block leasing.

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  • Go big or go homes…
    23 APR 2019

    The burgeoning UK build-to-rent (BTR) market has been more than just a topic of conversation for some time now. It is widely reported that the number of UK residents renting privately has doubled over the past decade due to a change in mindset in relation to home ownership and the rising cost and poor supply of new homes.

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