New Legislative Law continued...

rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
27/02/2008 00:54

As topic 'New Legislative Law' still very current and old thread run out of space I've created as suggested a new thread to keep it going.

Martin

davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
27/02/2008 12:18

Hi all ,



Any news yet from HBPG??



Also Ive heard hang on as we may be closer to the 0.5% payment instead

jokers2theright


Joined: 18/02/2008
Posts: 174

Message Posted:
27/02/2008 12:21

We seem to have two headers dealing with issue of Stamp Duty can you please reply to this under STAMP DUTY thanks







RECENT NEWS...

İts reported that the District Office want contracts translated into Turkish thus another issue is raised who is going to pay translation costs....does it mean the contract needs resigning by the original parties (what if the builder/landowner refuses to sign and what if he has done a disappearing act).



PLEASE REPLY UNDER STAMP DUTY

davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
27/02/2008 13:18

Hi ,



Oh sorry- I must have mis-understood????



As isnt this a follow on thread from the previous 300 post thread based on new legislative law that was based on contracts, staMp duty and registRAtion law AND PROCEDURES??



I mean this is the NEW LEGISLATIVE LAW ISNT IT???

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
27/02/2008 14:46

Famagusta DLO has been requesting Turkish translations for some time, now it has become the standard practice by order of Mr. Hasan Findik, the undersecretary of the Misnistry of Interior responsible for immovables and related issues. Please bear in mind that the official language of TRNC is Turkish as stated in the Constitution.



Documents translated into Turkish will have to be signed by the translator as "True to the Original" and his signature certified by a Certifying Officer who wrongfully pass themselves as Noters. These translations should have no other signatures on them and in case of any dispute the original English version is the valid one.

ismet

rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
27/02/2008 15:47

Yet another bl..dy hurdle if we have to get the contract translated into Turkish, not to mention another fine example of how to extract the maximum money possible. Is there a list of acceptable translators? Not just lawyers making the most of it then.

Martin

rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
27/02/2008 16:21

Just read the post this morning by Milou on 'New contracts to be registered in Turkish' thread

"I emailed the Land Registry Office and was told that all contracts in English are accepted and it wasn't necessary to have a Turkish translation."

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
27/02/2008 16:36

Rtddci;

I looked through pages 1 and 2 and I could not find 'New contracts to be registered in Turkish' thread. You may have read it this morning but when was it written?

I am not aware of any change of policy at the moment and I stand to be corrected.



There are no list of "acceptable translators", so in my opinion anybody will do as long as it looks right at the first glance and it is certified as I stated above.



Nobody likes to pay any more money than necessarry but to date I have not seen any logical objection to this new requirement. English ceased to be the official language of Cyprus on 16th August 1960. Sorry to say so but I thought it may be a useful reminder.

ismet

rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
27/02/2008 17:17

Fresh from Home Buyers Pressure Group 27/3/08



See http://www.hbpg-trnc.net/documents/stampduty.html (old HBPG advice now obsolete)







http://www.hbpg-trnc.net/documents/stampduty_faq.html (Prime Ministers FAQ which states don't need Turkish translation of contract to pay tax BUT do to get it registered, Tax .5% until 21/3/08 after which 1.5%, MUST register contracts before 8/4/08 but no penalty for not doing so and can still get Kocan. Presumably can't register pre Jan 08 contracts after 8/4/08 at all.







http://www.hbpg-trnc.net/documents/stampduty_process.html for someone's experience of paying tax and registering.



Martin

rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
27/02/2008 17:28

Sorry 21/3/08 should read 31/3/08.

Martin

stevie-d



Joined: 13/07/2007
Posts: 1420

Message Posted:
27/02/2008 17:37

Hi rtddci,

you had me in a panic as my flight is on 22/03/08 thank you for new post

stevie-d

rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
27/02/2008 18:11

I have just emailed Marian Stokes HBPG stating the following FYI

Dear Marian,

Briefly:

I bought a newly completed 3 bed apartment in Girne in November 05, signed the contract and paid the builder in full through an Estate Agent who also submitted (for a fee of course) my permission to purchase. I still await my PTP although expect to be rejected as situated next to army camp (an issue that was 'no problem' according to Estate Agent). We have visited NC regularly since then, living in UK the rest of the time. Our next visit is on Friday 4th April 08.



The 'new' TRNC laws are causing my wife & I enormous anxiety (from the web forums we are not alone). As I understand your latest posting with PM's FAQ's,

1. I must pay .5% tax before 31/3/08 or it will rise threefold;

2.I don't need a Turkish translation of contract to pay the tax but

3. I do need one to register the contract

4. I MUST register the contract before 8/4/08 although no penalties if I don't (other than lose the legal protection of course) and can still get the Kocan.

5. Pre Jan 08 contracts cannot be registered at all after 8/3/08.



Non TRNC based owners like myself are therefore heavily penalised. Some have been travelling from around the UK to London at great expense to get POA signed so that their lawyer in NC can pay the tax and register the contract whilst charging them £200-350 for doing so.



We now learn that the contract has to be translated into Turkish to be registered which is yet another expensive time delaying hurdle to go through.



I agree with your stance that negligent lawyers should be taken to court either individually or through their Bar Association.



I had hoped as I'm sure you did, that you would have been able to have persuaded the Government to give a more reasonable time for buyers to be able to comply with these new laws, bearing in mind that most buyers are not resident in the TRNC, that their 'clarification' of the laws has only just been published and their own departments did not fully understand the new procedures either.



Should HBPG be seeking legal advice whether the Government implimentation and / or interpretation of the new laws are 'Wednesbury Unreasonable' (See Associated Provincial Picture Houses v Wednesbury Corporation Court of Appeal 1948) under Administrative Law and subject to Judicial Review through the TRNC Courts? Or at least asked to reconsider it or face threat of JR against individual Minister?



Yours both hopefully and sincerely,



Martin Bruton