Legal Information For Dutch Sint Maarten
A Foreign entity or individual may purchase and own Real Estate on St. Maarten.
When doing so, you are protected by Dutch Law. You need not become a resident
to own property. The only requirement in purchasing a private residence or land
in your name is to present a valid picture I.D. (usually Passport). If
buying in a business name or company, you must present Articles of
Incorporation, as well as a statement of good-standing.
There are 3 types of “Deed Transfers” for Real Estate on St. Maarten: Fee
Simple, Government Long-Lease, and Private Long-Lease. All Deed
types give registered ownership. Transactions are always “closed” using the
European System, where the Civil Law Notary, appointed by the Queen of Holland,
is responsible by the law to both
entities, and is obligated to do a proper Title Search to insure a clear title
transfer. Title insurance is not necessary. To start the 'closing process' a
10% down payment at the appointed notary is required and a Sales and Purchase
Agreement will be signed by both parties. Closings take place on St. Maarten
in English within the time frame set by the Sales and Purchase Agreement.
Closing costs are minimal. There is a one-time government transfer tax of 4%,
plus the Notary's fee with the total of both amounting to no more than 6% of
the gross sale price. These costs are the Buyer’s responsibility.
There are NO land taxes whatsoever and NO capital gains tax. Offshore
companies and investors are welcome!
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