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Farming Investments In Romania Are About To Become Less Risky

Balkans.com Business News Correspondent – 21.10.2013 Farming investments in Romania are about to become less risky after the first agriculture mutual funds – which will take on the risks insurers do not cover – become functional in 2014. This will not only help stabilize farmers’ incomes in the event of calamities, but is also expected to lead to more favorable financing conditions. Mutual agriculture funds will become operational in Romania from spring next year, agriculture minister Daniel Constantin told BR last week. While the model is a first for the local market, it has a strong background in Western Europe. In Romania, the need to set up agriculture mutual funds has long been debated and has become more pressing in the context of climatic disasters such as last year’s drought, as well the more recent food safety scandals. importance of these funds stems from the fact that they essentially act as income stabilization tools which provide farmers with financial compensation for economic losses caused by such events as adverse weather and environmental calamities. Losses incurred due to such events are not covered by insurance companies. Had such funds been in place last year when the drought slashed farmers’ revenues, their shortfall would have been covered, explained Constantin last week during a Bursa conference. Economic deficits generated by price variations, as has happened this year after grain prices dropped following high production, could also be covered by the funds. Since Romania finally adopted EU legislation on agricultural mutual funds this summer, two local farmers’ associations have already announced they have begun procedures to set up such entities. The first was the National Federation Pro Agro, which was followed by the League of Romanian Farmers’ Associations (LAPAR). Under the current law, mutual funds can be set up as non-governmental organizations whose running costs in the first three years are covered by EU funds. Any local farmers’ organization can set up a fund but one of the main conditions is that its members represent at least 30 percent of the country’s farming surface area. Constantin told BR that under the current law, up to three such funds can be set up but that he hopes, and is willing to help mediate, that in the end only one fund will be created as this would make it stronger. However, no matter how many funds are founded, what is important is for farmers to join one. “Membership is voluntary (…). Farmers will have to choose between the mutual funds available on the market at that time. On the other hand, there is an incentive for every farmer receiving subsidies to join a mutual fund by reducing the subsidies from the national budget by 80 percent,” Pro Agro’s president, Alexandru Jurconi, told BR. Once farmers understand the benefits, they will join, even if this happens after they are faced with loss-generating situations, commented Constantin. The main purpose of setting up such funds is to reduce risks for farmers, but they should go onto generate other improvements such as easier access to financing and ultimately even cheaper bank loans. Membership of a mutual fund is an additional guarantee for banks that major agricultural risks – adverse weather, animal disease, environmental accidents and all the economic losses these cause – are covered.  This will automatically lead to better financing conditions, explained Jurconi. Moreover, members of an agriculture mutual fund could also benefit from lower insurance costs. Agriculture mutual funds will be complementary to the products insurance companies offer farmers. However, the mutual fund will be able to negotiate insurance costs for all its members which should lead to more favorable insurance policies for farmers, added Pro Agro’s president. The cost of benefitsThe funds will mostly draw on public sources – 65 percent of the compensation will come from the state and EU funds, and the remaining 35 percent will represent members’ contributions. The amount of money farmers contribute to the Pro Agro Agriculture Mutual Fund will vary depending on the risks covered. For basic risk coverage the level will be affordable for all members, regardless of their size, said Jurconi. “Of course, for special contingencies, especially when we talk about calamities, the contribution level will be different as the compensation payable in the event of losses will be substantial,” he added. Regardless of the level of the contribution, the sums farmers pay will be capitalized and, in the absence of financial compensation, can be withdrawn. Where land for which a contribution was paid is sold, the buyer will receive all rights of use, including the subsidy and the contribution to the fund. Pro Agro says it will start with some 1,300 members, accounting for more than 4 million hectares of farmland. This should change by the end of the first year of activity given the incentive to join a mutual fund and the setting up of other such funds. Better late than neverAgricultural mutual funds could have been set up in Romania as early as 2007, the year the country joined the EU. Had this been done, the local agriculture sector might have looked very different from how it does today. But now that things have finally been kick-started and farming is about to become a less risky business in Romania, more concerted and long-awaited effects could be seen in the years to come – easier access to financing, a better capacity to absorb EU funds and in the end a more competitive agriculture sector. Business Review Romania Continue reading

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Extension Of Moratorium On Acquisition Of Farmland By Foreigners As Impossible As Inefficient

22 October 2013 | 02:03 | FOCUS News Agency Home / European Union Sofia.  Protesters in front of the Agriculture Ministry insisted for an extension of the ban on the acquisition of farmland by foreigners. This is also the “solution” to the problem that Bulgarian politicians came up with, even though it is as impossible as inefficient, the Sega daily comments. Other Eastern European countries agreed such moratoriums at their EU accession. The motive was that the price of agricultural land was very low there and foreigners could easily “snatch it from under the nose” of the needy local citizens. However, prices in Bulgaria are still low. The average price per decare is €440 in Bulgaria compared to €1,430 in Italy and €2,930 in the Netherlands. Weeks prior to the end of the moratorium the Agriculture Ministry sent a letter to the European Commission (EC) asking for an extension. The EC promised to answer within a month. Its response is, however, clear in advance – according to Bulgaria’s EU membership treaty it must lift the ban in 2014. The EC will also probably remind Bulgaria of the report it sent in 2010 containing recommendations for safeguard measures it could undertake. They are no different from what other EU member states did. For example, Spain has limited foreign stakes in the land belonging to one village to 15%. Greece introduced restrictions for the acquisition of farmland in border regions, Sega daily comments further. The Sega daily also reported that the EU has turned down a request by Romania to extend the ban on the sale of farmland to foreigners, quoting ITAR-TASS. The moratorium on the sale of farmland to foreign physical persons is virtually formal, as they can always register as juridical persons, the Duma daily comments. According to most experts the expiration of the ban will not produce a considerable effect as since Bulgaria’s EU accession foreigners received the right to buy land under the condition of setting up a joint-stock company with capital of BGN 2. Foreign investments in agricultural land in Bulgaria amount to below 0.2% for the past seven years since its EU entry, according to data from the latest report of the World Bank, as cited by the Institute for Market Economics. Experts note the reason behind the scepticism of foreign investors is the confusion with land management in Bulgaria. Continue reading

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House Rules: Property Law And Tax Breaks In France

http://www.ft.com/cm…l#ixzz2iRxQz9FB By Raphaël Béra and Fiona Larcombe, of international law firm SJ Berwin 1. New French property tax Foreign residents who want to sell French property have a one-off chance of a big tax saving if they act quickly. So what’s changed? Over the summer, the French Tax Administration brought in new rules to reduce tax on capital gains on French real estate. As well as long-term reductions in tax rates, there is a one-off allowance of 25 per cent on capital gains from the sale of properties between September 1 2013 and August 31 2014. Why this reform? At present, capital gains on French property are only exempt from tax after 30 years of ownership, which discourages people from selling. The French government hopes that the new rules will stimulate the housing market, encourage more sales and reduce prices. Who will benefit? Individuals who own French real estate. The new regime also applies where French property is owned by a tax transparent entity. It does not apply to companies that are subject to corporate tax and own French property, who will still pay French corporate income tax at a basic rate of 33.33 per cent. Are any types of land excluded? Yes. The new rules do not apply to capital gains on the sale of building plots. What are the main changes? Currently, capital gains made on French real estate by people resident outside France are subject to French income tax, specific taxes on high gains (up to 6 per cent on gains above €50,000), and high income (up to 4 per cent on income above €250,000), and social contributions. The new regime increases annual allowances with each year of ownership and applies them faster. Allowances start after the fifth year of ownership and increase annually. After 22 years, capital gains are exempt from income tax, eight years earlier than under the old rules. What about social security contributions? Since August 17 2012, owners of French real estate who are not resident in France have been subject to French social security contributions at 15.5 per cent on real estate capital gains. The allowance applied before calculating these contributions has also changed, so that contributions decrease annually after five years’ ownership, until the property owner becomes exempt after 30 years. The imposition of French social security contributions on non-residents is, in any case, questionable, because they pay social security contributions in their own country, and the regime was recently challenged by the EU Commission. People resident outside France who are asked to pay social security contributions should consider filing tax claims against the French tax authorities. Act quickly. To take advantage of all the new allowances, property sales should be completed by August 31 2014. But bear in mind that the French tax system is complex. Property gains are subject to multiple layers of tax and social contributions, so you need an accurate calculation of your potential liability. . . . 2. Chancel repair liability and other ancient rights When I bought my house, my solicitor advised me to buy insurance against chancel repair liability. What was that for? Chancel repair goes back to the time of Henry VIII. It is the right for some churches to ask some landowners to pay for the upkeep of part of the church. It is an ancient right that still affects landowners in England and Wales today. In a high profile case that took 17 years to resolve, one couple was held liable to pay more than £200,000. There was nothing about it on the Land Registry records for my property, so why did I need insurance? Until October 13 this year, chancel repair liability could affect a property owner even if it was not registered at the Land Registry, so people often bought insurance just in case. The historical records are unreliable, so it was hard to be certain about which properties were affected. So that’s why I’ve read about the Church suddenly registering rights over people’s land. What changed on October 13? Today, chancel repair should only affect people who buy a house if the Church has registered its right at the Land Registry. If there is no mention of chancel repair in the Land Registry documents at the time you buy, you can be fairly sure that you don’t need to worry about it. Can everyone forget about it then? Not quite. People who buy and should be safe, but those who become landowners without paying anything – by inheriting, for example – are still vulnerable. In those cases, it may still be sensible to investigate chancel repair liability and buy insurance if necessary. There’s been a rush to register rights to minerals in the subsoil below other people’s land? Yes, that’s true. The right of the “lord of the manor” to minerals has existed for hundreds of years but also had to be registered by October 13 in order to bind future buyers. It doesn’t mean whoever is registered will make a fortune if any valuable minerals are found. Oil and shale gas belong to the Crown, regardless of who owns the land. People who own or have rights over the subsoil may be able to charge for allowing access to investigate and extract minerals but so far, the courts have awarded relatively small sums. SJ Berwin is an international law firm. This column is written by Raphaël Béra, a partner in its Paris office, and Fiona Larcombe, a solicitor in its London office Continue reading

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