Only sick minds could have thought up property tax

THIS COLUMN, on countless occasions in the past, has expressed the view that President Christofias and his people were incompetent, irresponsible and dangerous for Cyprus. Now, I am convinced that they are politically sick. Their paranoid actions, which we are witnessing daily, have as a source an incurable ideological disease.

The bill for the immovable property tax (IPT) proved emphatically that they are ruthless when they want to put into practice some of their idiotic, ideological prejudices. No argument or rational explanation could stop them; not even the awareness of the harm they would ultimately cause. All they care about is the satisfaction that they acted in accordance with their antiquated ideological beliefs.

They seized the opportunity provided by the bailout to avenge the rejection by the legislature in 2011 of a bill with the same aim – taxation of immovable property. They never accepted that the majority of the legislature prevented them from imposing this so-called ‘taxation of wealth’. So they decided to do it now, ensuring the provisions of the bill were much harsher.

So while the troika initially proposed that Cyprus should raise €20 million in property tax, the government offered to raise that revenue to €69 million. But subsequently the government drafted a bill that – if it could be implemented and property owners paid their tax dues – would have raised, according to some calculations, €200 million. I think that the amount would have been even higher as hotels would have had to pay astronomical amounts of between €200,000 to half a million euros.

The most interesting aspect of this case was the procedure followed by the government. As has been revealed, the land surveys department was not consulted. And according to information, the technocrats of the finance ministry had no involvement in the preparation of the bill. Unbelievable as it may sound, this monstrosity was created by Commerce Minister Neoclis Sylikiotis and Labour Minister Sotiroulla Charalambous in co-operation with the presidential palace.

If this is the case, it would rank as one of the most disgraceful political acts ever perpetrated in Cyprus. This version is supported by the logic that only sick minds could have mustered the ruthlessness and irresponsibility to put together such an abomination. Because, apart from causing big problems for individuals, the IPT would have worked like a mega-ton bomb that would have blown the Cyprus economy to bits. The property and construction sector is in a big mess, but increasing taxation on immovable property 10-fold now, would be the final nail in the sector’s coffin.

Tourism is the only sector of the economy that has been doing well in the last two years. A responsible government would have done everything in its power to help it as it was the only sector of the economy with real growth prospects. It would have taken measures that would have contributed to the lowering of costs so that the sector would be able to compete with other destinations, expand and create new jobs. Instead of this, the government chose to demolish it, by putting the IPT bomb in its foundations.

When the government decides to impose a tax of 300 and 400 thousand euros on a hotel that until last year was paying 50 to 60 thousand euro what would it achieve other the complete destruction of the tourist industry? Don’t you have to be sick in the mind to try to destroying the only flourishing sector of an economy in deep recession?

On September 2 of this year, referring to Christofias and his associates in this column, I had written the following: “These people are dangerous. They will cause more catastrophes before they leave.” It is exactly what they are doing now. Nothing will be left standing by the time he leaves office.

Cyprus property tax

Decline in property sales slows

ACCORDING to Land Registry figures released last week, property sales in Cyprus continued to decline in November with a total of 444 contracts deposited at Land offices across the island compared with the 485 deposited in November 2011.

The annual decline in sales fell to 8 per cent – the lowest in recent months – helped by more properties being sold in Paphos and Larnaca than in November last year.

The Land Registry figures show that 165 properties were sold in Paphos, an increase of 42% compared to the 116 sold during November last year.

Speaking to StockWatch, property valuer Polys Kourousides said that “Chinese buyers are still interested in Paphos. Paphos is their first choice since in the past few months they bought properties of €150 -160 million”.

Property sales in Larnaca rose 10% to 68 in November from 62 last year. According to Mr Kourousides, Larnaca is the second choice for Chinese investors, while Egyptians are also showing an interest in the area due to the unsettling political developments in their country.

With the exception of Larnaca and Paphos, sales continued to fall in the rest of the island. Sales in Famagusta fell 38%, while in Limassol and Nicosia they fell by 35% and 21% respectively.

In the first 11 months of 2012 sales of properties have fallen by more than 9% compared to the same period last year with 5,774 contracts being deposited compared with the 6,387 deposited over the first 11 months of last year.

Cyprus property sales - November 2012

At the time of writing, the Land Registry has not published November’s sales statistics for overseas buyers; we will bring you this information as soon as it becomes available.

Nonperforming loans at €23 billion

BANKS in Cyprus have not been categorising loans as non-performing providing they were fully covered by collateral even though the loans had not been serviced for three months.

This conflicts with the International Monetary Fund (IMF) definition of nonperforming loans (NPLs) and results from a Directive issued by the Central Bank in December 2008, which states on page 6 that “Funded credit facilities and credit substitutes extended to customers, which are fully secured, should not be classified as non-performing”.

The Central Bank has reanalysed all bank and Coop loans to bring them into line with the IMF definition and the confidential data from this analysis was reported by StockWatch earlier today.

Using the IMF definition, NPLs at the end of September amounted to €23 billion; equivalent to 27% of the credit portfolios of banks and Coops (with the exception of the Limassol Savings Cooperative). These amounted to €19.5 billion or 26.5% of bank loans and €3.4 billion or 32.3% of Coop loans.

The Central Bank data also reveals a significant increase in NPLs as a result of the economic downturn. By the end of June, they had reached €20.7 billion and increased by a further €2.2 billion in just 3 months.

According to StockWatch, the Central Bank will soon issue a new directive to the banks and coops on the recognition of NPLs to bring them into line with the IMF definition.

Calls to change property tax provisions

LAWMAKERS yesterday asked the government to amend a bill that increases annual Immovable Property Tax (IPT) as part of the island’s bailout, as various interest groups suggest it is unfair and would only lead to bigger problems.

Landowners, property developers and hoteliers warn that the changes, which hike up the taxes currently based on 1980 values, will drive the economy deeper into recession.

Hoteliers yesterday suggested that the bill was unconstitutional and warned that they would file an appeal with the Supreme Court.

Haris Loizides, Chairman of the hotels association PASYXE, said the bill increased the tax a hotel had to pay nine-fold.

Loizides said a hotel that paid €27,600 in IPT last year would have to pay €253,380 in 2013.

Loizides said international lenders had asked for €60 million from immovable property taxation whereas the government bill provides for €180 million.

The Chamber of Commerce and Industry (KEVE) said the bill was unacceptable and that it would be impossible for the government to achieve the target.

KEVE proposed a flat rate of 1.5 per thousand that they say would raise €60 million.

The chairman of the developers Pantelis Leptos said it was an unfair bill that would act as a deterrent for investment.

The preliminary agreement between Cyprus and international lenders provides for updating the 1980’s property prices by applying the consumer price index (CPI) over 1980 to 2012 and amending tax rates for the value bands.

Until now, Immovable Property Tax was calculated based on the value of the property on January 1, 1980.

Under the new regime, the taxable figure would be the result of multiplying the value of the property in 1980 by around 3.5 – the CPI, according to deputy land registry director Andreas Socratous.

The updated value will then be taxed by applying the new rates. The first €150,000 is tax-free. From then on: €150,001- €500,000 coefficient of €6 per thousand, €500,001- €1,000,000 coefficient of €8 per thousand, €1,000,001 and above coefficient of €10 per thousand.

The director of the Inland Revenue department rejected suggestions the legislation was unconstitutional.

Giorgos Poufos said lenders had imposed “very conservative” calculations to be sure the target amount would be collected.

According to IRD data, 44,000 people would have to pay IPT under the new regime, while 293,000 would be exempted because their property was worth less than the tax-free threshold.

Of the 16,000 companies affected, 8,900 would be exempted for the same reason, while 2,500 would pay €111 million.

The state expects to collect an additional €18.9 million from 1,450 people whose property is worth over €1 million. Some €40 million will be paid by 38,500 people.

Main opposition DISY deputy chairman Averof Neophytou asked the government to find a fairer solution.

“If there is a will, we can find fairer solutions,” he said.

Neophytou suggested the tax would hurt middle income people.

“A middle class family who owned property worth €300,000 by 1980 prices paid €375 up until 2011; today they would have to pay €6,450. We are talking about 17 times more taxes,” Neophytou said.

Their property would now be valued at around €1 million.

Ruling AKEL MP Yiannos Lamaris said his party wants to make a lot of amendments if it was allowed – not only as regards the IPT.

He added however that 90 per cent of the people did not fall in any of the IPT tax bands.

The matter was discussed by the House Finance Committee, which also looked into several other austerity bills agreed with international lenders.

Before it was a bill that cut allowances to large families and students who voiced their opposition.

Large family organisation chairman Paraskevas Samaras said it was a “multiple hit.” The measures, he said, were wrong and unfair.

Civil servants also protested, saying they were “under persecution.”

They were complaining about a bill that changes public sector work hours in a bid to cut overtime and shift pay.

Some 20,000 people who live in the mountains are also complaining after the government decided to cut the heating fuel allowance afforded to them in winter.

Large families, teacher unions and people with disabilities, will hold protests against the austerity outside parliament on Wednesday.

Cyprus bailout terms call for title deed delay reduction

THE Memorandum of Understanding between the Cyprus government and the Troika calls for a reduction in the backlog of immovable property sales contracts with title deed issuance pending for more than one year to less than 2,000 cases by the fourth quarter of 2014.

In July, the European Commission published a paper “Macroeconomic imbalances – Cyprus” which confirmed that: “For a number of administrative and regulatory reasons, between 120,000 and 130,000 properties are currently lacking title deeds. The average time for obtaining a title deed is just under 12 years and more than 200,000 owners are affected by this.”

(As there are some 430,000 residential dwellings in Cyprus you can gauge the extent of the challenge facing the Land Registry and Planning Authorities).

Problem solved?

The bailout condition to reduce the backlog of deeds waiting to be issued is certainly a step in the right direction and one that should be warmly welcomed. But will it resolve the Title Deed problem once and for all?

Sadly not – although it may be possible to reduce the backlog, it may prove impossible to transfer those properties to their purchasers because:

  • Properties are encumbered by mortgages and possibly other impediments that the developer has failed to remove. These properties cannot be transferred until all mortgages and other impediments have been cleared.
  • The developer has not cleared his tax commitments and is unable to provide the Land Registry with receipts of payment for Immovable Property Tax, Capital Gains Tax, etc., which the Land Registry requires before a transfer can take place.

In addition to those deeds that cannot be transferred, there are a number of other issues that will result in delaying or preventing their transfer:

  • Some developers charge buyers Immovable Property Tax based on a property’s purchase price rather than its 1980 value as defined by law and will often use the threat of withholding Title Deeds to elicit payment. Some have the audacity to add penalty payments imposed on them by the Inland Revenue Department for late submissions and payment.
  • The Land Registry inflates the market value of a property and demands that a purchaser pays Property Transfer Fees based on its inflated valuation. This is often considerably more than the purchaser actually paid for the property, and they refuse to pay.
  • The purchaser has sold or intends to sell the property.
  • The purchaser has not paid the whole of the purchase price.
  • The purchaser has died and probate is being sought.
  • Problems with ‘tainted’ Title Deeds issued as a result of the Town Planning Amnesty have yet to be faced. These deeds will be marked as suffering from planning infringements and it will not be possible to sell a property with severe infringements. It is unlikely that a buyer will be prepared to pay a (possibly inflated) Property Transfer Fee for a property they will be unable to sell.

No matter how good the intentions of the Troika may be, if the Title Deed system sucks and is not fit for purpose, and if developers and the Land Registry continue to exploit those buying property, no amount of target setting or massaging will fix the Title Deed problems.

Kill the chicken, eat the eggs, pretend it didn’t happen

THE property sector served successive governments well as it formed a stable source of income and employment for a number of years. The sector’s importance grew from 2002 – 2007 as increased overseas demand was further fuelled by a general feeling of euphoria and by the parallel credit expansion of all local financial institutions.

The decrease in transaction volume in 2008 and the subsequent fall in prices since 2009 were both dismissed by government, banks and other “experts”. The game was lost then and there, as instead of acknowledging that the island had a problem the “collective” choose to pretend that all was well. The calls for reforming the Land Registry’s system of issuing title deeds was dismissed as being “just some English guys complaining”, the lack of due diligence in granting loans and overdraft facilities as “in Cyprus we know our clients”, and the need for increased transparency and accountability in rules and regulations by “if it works – in our favour – don’t fix it”.

The “spoils” were consumed by all as property related companies became prized clients of banks, financed football teams, and provided employment for an increased number of subcontractors and overseas workers. Frankly, no one is to blame for “taking a cut of the action”. In retrospect however we should have been more sceptical, prudent, and ethical as to where and how “the action” was taking us.

The worrying is the handling of the crisis since. There has been no reform of the Land Registry’s system of issuing title deeds (out of 430,000 residential units, a reported 130,000 do not have one), the planning regulations have become even more, and there continues to be a complete lack of enacting and enforcing regulations. There is a continuing dismissal, mainly by bankers, of calls to improve due diligence processes and an on-going questioning of the level of decrease in prices. How can anyone who works for an organisation whose share price has decreased by more than 95% in two years wonder why real estate prices decrease is truly beyond me.

The “extend and pretend” scenario has become the staple of the current government, with a continuing discussion as to who is to blame for the crisis. Frankly, no one cares. If I am unemployed (12.2% unemployment rate and rising), in negative equity (prices are down 30-40%), and the cost of living and taxes are rising (and further tax hikes in the New Year), I have more immediate concerns than to ponder why I reached that point. I need a vision, a plan and hope. Not moaning.

The recent “storming of parliament” by government workers is simply a result of politicians lacking the necessary leadership skills to explain to their constituents that because we had such a great time from 2002-2008, now it’s time to pay the bill. The easiest way to explain what that means is for you to think of your life in 2000. That’s where we, society and businesses, need to adjust to in terms of income and spending.

The country needs to decide if it’s going to going to be Greece or Ireland (in handling the crisis. Both countries are in a similar mess, but in Greece the birth rate is down as couples worry about affordability whilst in Ireland it’s up as couples spend more time together. Same problems. Different attitudes.

Postscript

A note about the recent euphoria relating to the Chinese and others buying property in Cyprus. If you are hungry you can order take-away; but if you do it too often then you end up lacking nutrients.

Unless the system is reformed the country cannot move forward. Already the first signs of discontent have been heard with Chinese complaining that they are being sold overpriced properties.

During a recent valuation, we reviewed transaction prices in a project in Peyia, Paphos. Transaction prices in 2007-2008 were at €180,000 and in 2010-2011 at €130,000. There were two entries for 2012 – at €300,000 and €320,000 respectively (the minimum to apply for a residence permit is €300,000).

Another chicken is being primed.

About the author

Pavlos Loizou MRICS is the lead consultant at Leaf Research

Leaf Research is a real estate consulting firm, providing high quality real estate market research, strategic consultancy, valuation, and financial modelling.