Ways to Transfer Property to an S.A. in Guatemala

In Guatemala, there are different options for acquiring real estate, whether through an individual or a legal entity.

In this article, we will focus on the different alternatives a corporation (legal entity) can use to acquire real estate such as houses, apartments, land, farms, and the like.

For that purpose, it is necessary to stick to the options that Guatemalan law establishes and choose the one that best suits your needs.

The following are the different alternatives with their respective registration and administrative costs for each.

Contribution of real estate (property) to a public limited company new.

For a joint-stock company to operate, it needs initial capital that the founding partners and shareholders contribute.

This capital can be contributed with money or other types of assets, such as properties.

If the capital contributed is in the form of property, this will be transferred to the name of the joint-stock company.

It is important to mention that for any contribution of real or personal property that you wish to make to a company, you must have the corresponding title that proves ownership.

Registration and necessary administrative expenses:

• Registration fees for the incorporation of the company in the Mercantile Registry. If the price of the property or real estate is greater than Q.499,999.99, it will be necessary to make a tariff payment corresponding to 8.5 per thousand quetzals of the authorized capital. Said tariff cannot exceed Q.40,000.00. Example: if the capital is Q.1,000,000.00, the fee to be paid will be Q.8,500.00
• Customs fees for registering the contribution in the General Registry of Property. This expense will be variable depending on the value of the real estate being contributed, but it can range from Q.1,000.00 to Q.1,500.00 per property.

Real estate contribution to a corporation. existing.

This form of contribution is very similar to the one previously explained. The difference lies in the fact that in this modality, the corporation is already created, but before making any contribution, it is of utmost importance to consider how its authorized capital stands.

Authorized capital is the maximum amount or sum for which a joint-stock company can issue shares, without needing to increase capital. The authorized capital may be fully or partially subscribed upon the company's incorporation.

According to the above, if the authorized capital of the joint-stock company is fully paid and subscribed, it will be necessary to increase the capital prior to the contribution of real estate.

Since, upon making the contribution, the real estate will become part of the company's share capital and must be represented by shares through a new issuance.

Registration and necessary administrative expenses:

• Customs fees for registering an increase in capital with the Mercantile Registry. If the price of the property or real estate is greater than Q.499,999.99, it will be necessary to make a customs payment of 8.5 per thousand quetzals of authorized capital. Said tariff may not exceed Q.40,000.00. Example: if the capital is Q.1,000,000.00, the tariff to be paid will be Q.8,500.00.
• Customs fees for registering the contribution in the General Registry of Property. This expense will be variable depending on the value of the real estate being contributed, but it can range from Q.1,000.00 to Q.1,500.00 per property.

Real Estate Purchase and Sale.

Ownership of real estate can also be acquired through a simple purchase agreement. The corporation will be the one listed in said contract as “the buyer.”.

Unlike the “contribution of real estate to an existing public limited company” modality, this one does not require a capital increase, as the company is acquiring the asset with the resources it already possesses.

Registration and necessary administrative expenses:

• Customs expenses for registering the sale and purchase in the General Registry of Property. This expense will be variable depending on the value of the real estate being acquired, but it can be between Q.1,000.00 to Q.1,500.00 per property.
• Payment of the corresponding 12% Value-Added Tax (VAT) on the value of the property. It is important to note that, when a real estate property that has previously been sold is purchased, the 3% tax stamp must be paid on the value of the property.

Real estate donation.

Just like in a purchase agreement, real estate can be transferred through a donation.

Registration and necessary administrative expenses:

• Customs fees for registering the donation in the General Registry of Property. This expense will be variable depending on the value of the real estate being donated, but it can be between Q.1,000.00 to Q.1,500.00 per property.
• Payment of the corresponding 12% Value-Added Tax (VAT) on the value of the property.

Comparative Expense Chart.