Expats to give evidence to MRI investigation in Spain

DARRAGH MacAnthony, the former boss of MacAnthony Realty International (MRI), is facing a criminal investigation in Spain following complaints from former clients that furniture “packs” purchased from one of his companies were never delivered.

MRI sold properties in Bulgaria, Cyprus, Cape Verde, Morocco and Romania, where the company also arranged furniture supplies.

In 2007, Eoin Morgan from Clontarf in Ireland bought a furniture pack for his two-bedroom apartment in Royal Seacrest in Paphos, paying a 50% deposit of €6,500. In September 2008, he was told by MRI that the company supplying the furniture had ceased trading and that MRI would honour his agreement if he paid the remaining 50%.

Morgan paid the balance but when he was told that his furniture would not be ready until six to eight weeks after he signed for the property, he asked for a refund. But the furniture was never delivered and MRI failed to give him a refund.

John and Muriel Andrews from Ballycarry, Co Antrim, paid £26,000 for a furniture pack in 2006, but Mr Andrews said: “We as yet have received no furniture, no offer of a refund, no apology.”

Under Spanish law, members of the public may initiate a criminal procedure in certain circumstances, and some 50 MRI customers filed a claim in Madrid in June. The complaint was referred to a court in Marbella, where it was recently accepted.

Fifty-one expatriates have been summonsed to appear at the Marbella court to give evidence against MacAnthony in January. The judge will then decide whether MacAnthony and five other defendants should face charges.

According to a report in The Sunday Times MacAnthony, the chairman of Peterborough United football club, didn’t reply to questions the newspaper put to him last week regarding the companies recommended by MRI or the allegations of wrong-doing.

MacAnthony has previously said: “There are no foundations behind these allegations. I certainly didn’t do anything wrong and neither did anyone with MRI when I was there.”

He also said: “I operated a company which did thousands of sales around the world with many happy clients, but will forever be haunted by the few hundred for which it didn’t work out.”

An end to greedy developers extorting cancellation fees

THE new Sale of Immovable Property (Specific Performance) N81(I)/2011, which came into force earlier this year, contains important provisions that significantly improve the purchaser’s position compared to the situation that existed under the old Law that it replaced.

One of the most important changes in the new Law, which has remained so far almost unnoticed, is its provision about “assignment contracts” which may, if properly utilised, solve the problem of resales where an up-to-date title does not exist.

Under the new Law any purchaser of property may assign his rights and/or obligations under the contract to an assignee, either gratis, or by the payment of an amount of money. This “assignment contract” can be concluded without the agreement of the original vendor (usually a property developer) and can be deposited at the Land Registry within two months of its signing, provided the original contract has already been deposited at the same Land Registry Office.

The “assignment contract” has, in effect, the same legal status as the original contract. It is binding on the original vendor and its depositing at the Land Registry offers the same protection to the assignee as that provided by the Law to the original purchaser.

Thus, if the original vendor (e.g. property developer) fails to fulfil his obligations by issuing and transferring an up to date title in the name of the assignee, the latter may apply to the Court and obtain an order for the Specific Performance of the contract. The Court may:

  1. order the transferring of the title in the name of the assignee and, when a title does not exist;
  2. order that all necessary actions be taken so that the title is issued.

If the property is assigned (in effect resold) by the payment of a higher price than the original price of the property, the original purchaser/assignor may have to pay Capital Gains Tax for the assignment. A tax clearance from the Capital Tax Office must, therefore, be produced at the Land Registry before depositing the assignment contract.

In the Law there is no reference to any obligation of the original purchaser to pay Property Transfer Fees. So as soon as the original purchaser pays any capital gains tax due, he is relieved from any further obligations and disappears from the scene.

The new procedure has several important advantages over the procedure of cancellation agreements:

  1. It is an absolutely lawful procedure, so no question of tax evasion or other illegality arises.
  2. The original vendor/ developer is not involved. Therefore his consent is not required and no question of payment of “contract cancellation fees” or any other amount of money to him arises.
  3. The new purchaser/assignee has the full protection of the new Specific Performance Law.

In conclusion, there is no doubt that the new procedure is extremely beneficial to both prospective vendors and prospective buyers of resale properties and it is expected to significantly boost the resale market in Cyprus.

About the author

Andreas SymeouAndreas D. Symeou LL.B, M.Sc (U.L.A.) was the draughtsman of the original amendments to the Immovable Property (Tenure, Registration and Valuation) Law, which underwent many changes before being approved by parliament on 24th March 2011.

He is a property consultant and a Member of the Royal Institute of Chartered Surveyors (MRICS) and may be contacted at [email protected]

EU to investigate community tax discrimination claims

ANGRY Britons in a Paphos village who are paying up to five times as much in council tax as their mostly Cypriot neighbours are taking their case to Europe.

And British candidates in next month’s municipal elections in Kouklia have made the fight against what they say is blatant – and costly – discrimination a major part of their election campaign.

Ray Smith, one of four British candidates standing in the elections as part of the Kouklia Independent Coalition, has been directly affected by what he views as the two-tier community charges.

“I have a friend who lives in Kouklia village in a reasonably large house. He paid €160 last year whilst I was charged €850 for a three bedroom apartment in Aphrodite Hills,” said the 64-year-old retired expat who has lived in Aphrodite Hills since 2005.

Aphrodite Hills and Ha Potami (Secret Valley) both come under the jurisdiction of Kouklia community council. Around 90 per cent of homeowners in both areas are British; the remainder is mostly Dutch, Scandinavian and Cypriots.

“At the beginning of 2010 the responsibility of the services, such as street cleaning and so on, were transferred from the developer to Kouklia community council. And we were then sent a demand by the community board to pay a huge amount of council tax,” said Smith.

He is a member of an association representing 130 home owners who have complained to both the Cyprus ombudswoman and her European counterpart with the aim of getting justice.

Their cause received a boost earlier this week when the ombudswoman referred to such complaints in her annual report. (See Community taxes discriminatory to foreigners?)

“Although it was not possible to establish a direct discrimination against the complainants from the evidence set before the Commissioner, she, however, concluded that there is a prima facie issue of a possible indirect (covert) discrimination against them on the grounds of nationality/citizenship,” the report said.

The report went on to urge community councils to review the way they impose council taxes to insure they do not “involve a difficult or disadvantaged treatment of EU nationals residing in communities”.

The current mukhtar of Kouklia, Christakis Miltiadous – who is standing for re-election – denies there is any discrimination against the expat community.

“The community tax charged in Kouklia is based according to the site of the property and the services provided. There is no discrimination against any resident in Kouklia,” he said.

The village leader explained that the area is separated into three and it is impossible to levy the same amount of community tax for a house built on a 200m2 plot in the village centre, compared to one constructed on a 1,340 m2 in Ha Potami or Aphrodite Hills.

He admitted that homeowners pay more in Ha Potami and Aphrodite Hills, but said this was because those areas have more services and it’s a different living environment.

“But Cypriots living in these areas are charged the same as the British and other nationalities living there,” he said.

Smith insisted this was not the case and accused the council of using different criteria for calculating tax bills for homes in Kouklia village and those in Ha Potami and Aphrodiite Hills.

“Even though charges should be capped at €850s, there are people living in villas in Aphrodite Hills paying €1,100 in council taxes. We are very angry,” said Smith.

According to Smith, the mukhtar put the higher charges down to increased staff numbers required to clean the area.

“There is a separate budget for Aphrodite Hills and Kouklia village and yet we are being charged the full amount to run the road sweeper, purchase fuel for council vehicles and so on. But these are also being used in Kouklia and they don’t pay for them,” Smith said. “It isn’t just.”

John Wright, 68, who is also standing as a candidate, has complained repeatedly about the tax he was expected to pay and was told the charges included street cleaning and lighting.

“Neither of these has services has been adopted by the local council in my area,” he said. “Our street is only cleaned if we do it ourselves and of the 13 cul de sacs with eight houses in each, only a couple has recently been fitted with street lights. We don’t have any fitted in our street at all.”

“It’s not correct to say that the streets aren’t cleaned. All of the streets in the area of Kouklia are cleaned and kept tidy,” Miltiadous said.

Wright also rejected the council’s claim that Cypriots living in Ha Potami and Aphrodite Hills pay the same in tax as non-Cypriots.

“There is a massive detached villa in Secret Valley which is estimated to be worth around €6.5 million and yet the Cypriot owner is only paying €75 in council tax,” he said. “I have a regular three bedroom villa of 150m2, which is in a cul de sac, and last year I was originally charged €530.” Following a meeting with the community leader, Wright’s bill was reduced by €100.

Complaints to the district officer – who examines whether local taxes are correct and legal – over last year’s high taxes did result in some reductions.

George Yianni, the district inspector responsible for Kouklia, conceded that he had to deal with many complaints from Kouklia last year.

“I found that as regards refuse collection in Kouklia, some people were being charged €200, whereas the law allows people only to be charged up to €170,” he said. “This is why the district office reduced the charge to €170.”

Yianni explained that in cases where homeowners had complained that the amount charged for services last year exceeded the legal capped amount of €850, they were reduced.

But for Smith and Wright most of the cuts were paltry and did little to stop the underlying discrimination.

According to Wright, the district officer decided to cut €10 off the bills for those that complained. “It was insulting,” he said.

“This year my charge has gone down slightly, to €600, but my friend is still only paying €160,” said Smith.

“We are definitely being discriminated against and whilst my Cypriot friends have sympathy for our situation, their bills are not increasing, so they’re not too bothered,” added Wright.

“We are aware that the local Cypriots have a nickname for us – ATMs [automatic cash machine],” said Smith.

Although Miltiadous urged disgruntled residents to bring up the issue with the community board after the elections, he added: “what are these people comparing the tax charges with? For something similar in England, they would be paying three times as much.”

Governor warns Cyprus is at the edge of the precipice

Central Bank Governor - Athanasios Orphanides

THE Island’s Central Bank Governor said that Cyprus needs an effective fiscal consolidation plan if it is to regain the markets’ trust.

Speaking to the local broadsheet ? ???????????? (Phileleftheros), Athanasios Orphanides warned that failure to do this “will trigger an exceptionally unpleasant downward spiral”. There could be painful cutbacks and steep taxes if the government delays addressing the economic problems which in turn will impact the Island’s role as an international financial hub.

He said austerity measures imposed earlier in the year, which included cutting back on student grants and child benefits and trimming public sector salaries, were “too little too late”.

The Finance Minister recently proposed further austerity measures including a two-year freeze on pay increments and a rise in VAT from 15% to 17%, but these have come up against stiff opposition from the labour unions.

Mr Orphanides said that the government and parliament have to work together to convince the unions to get on board because, as he put it, “Cyprus is at the edge of the precipice”.

Housing market paralyzed pending legislation changes

THE DELAY in publishing legislation passed by MPs to abolish Property Transfer Fees or reduce them by 50% for a period of six months is paralysing the Island’s already damaged housing market according to The Cyprus Land and Building Developers Association.

On 3rd November, MPs voted unanimously to abolish Property Transfer Fees on sales where VAT was payable and also to halve them on sales where no VAT was payable; these changes would be effective for six months.

But President Christofias objected to the proposals and rejected them asking the MPs to think again.

MPs immediately took on board the President’s objections and amended their proposals. Then, on 17th November, a majority of them voted through a revised set of legislative changes.

However, the revised legislation has yet to be published in the Government’s official newspaper; the Cyprus Government Gazette, which means that it has yet to come into force.

You don’t have to be a genius to appreciate the consequence of all this dithering and to-ing and fro-ing between the MPs and the President:

Even those few buyers who are ready to sign contracts to buy property are delaying matters in the hope that they will benefit from the proposed abolition/reduction in Property Transfer Fees – and as a result very few property transactions are taking place; the housing market has become paralysed.

The Cyprus Land and Building Developers Association has urged the President to sign-off the revised legislation and hopes that he does not have any new thoughts or objections for MPs to consider.

(Property sales figures for November should be published in ten days or so when we shall have a clear picture of how much damage this dithering has caused).

Commission refers Cyprus to EU Court of Justice

European Court of Justice

THE European Commission has referred Cyprus to the EU Court of Justice today for non-compliance with EU Treaty rules on the free movement of capital.

These rules give EU nationals, as well as nationals of Iceland, Norway and Liechtenstein, the unrestricted right to buy a second home in Cyprus. Since the accession of Cyprus to the EU in 2004, transitional measures were in force that could restrict such acquisitions but these measures expired on 30 April 2009.

As Cyprus has not yet repealed these measures, the Commission has decided to refer the case to the EU Court of Justice.

According to the 2003 Accession Treaty, Cyprus was allowed to maintain transitional measures which imposed restrictions on buying second homes for EU/EEA nationals.

These measures applied for five years after the Accession Treaty entered into force and expired on 1 May 2009. By that date, the Cypriot authorities were obliged to repeal the transitional measures. However, this has not been the case.

Following a reasoned opinion sent by the Commission on 6 April 2011 (see IP/11/416), the authorities requested and were granted an extension to the two-month period initially set for the Government’s reply. This extension aimed at allowing Cyprus to undertake all the procedural steps needed for the adoption of the necessary amendment.

However, after the expiry of the requested prolongation, the authorities only submitted a proposal for draft amendments without indicating any concrete time table for its adoption. As Cyprus continues to infringe its obligations under the EU Treaty rules on the free movement of capital, the Commission has now decided to refer the case to the Court of Justice of the European Union.

In this context, the Commission underlines again that any incompatibility of national rules with Treaty provisions can only be redressed by adopting other binding domestic provisions, having the same legal force as those which require to be amended, and providing for sufficient legal certainty (see Case C-151/94, Commission versus Luxembourg).

Brussels, 24 November 2011

Further reading

Commission refers Cyprus to the Court of Justice to ensure unrestricted access to buy a second home in Cyprus