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Taxation of the Assignment of Rights Acquired under a Promise of Sale Agreement

​The Assignments of Rights Acquired under a Promise of Sale Agreement (Amendment) Rules, 2021, have significantly streamlined the taxation process for real estate transactions involving these assignments.

Malcolm Manara

Malcolm Manara

Tax & Business

Development

Manager

One of the most crucial changes is the introduction of a 15% flat tax rate on profits arising from such assignments. This rate, which simplifies the tax calculation and compliance process, is payable by the assignor and is considered final. The tax is collected by the notary or advocate authenticating the agreement and remitted to the Revenue within 21 days of the date of the agreement.


The amendments clearly define the scope of the tax, mandating that all assignments must be documented in writing, signed by both parties, and authenticated. They also outline allowable deductions, such as brokerage fees and prior acquisition costs of the rights, provided these are properly documented. Additionally, the amendments incorporate anti-abuse provisions to prevent tax evasion, stipulating a higher 35% tax rate for unreported or underreported income from assignments.


Taxpayers must pay close attention to these rules to ensure accurate record-keeping, obtain professional valuations, and maintain compliance with reporting requirements. Reviewing existing agreements in light of these amendments is also essential for making informed decisions about potential assignments. 

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