jurisdiction
Updated on May 2022
Investment vehicle
- Alternative investment funds specialized in real estate investments (“FIAIMOB”)
1. Form
- Contractual
- Legal entity (e.g., joint stock company, limited liability company)
2. Tax Treatment
Contractual
- Tax transparent, tax at investor level.
- FIAIMOB concept was recently introduced in the domestic law, and it is not specifically covered by the tax legislation.
Legal entity (e.g., joint stock company, limited liability company)
- General taxation rules apply.
- Access to double tax treaties and Parent-Subsidiary Directive.
- How investors are treated for tax will depend on their tax residence.
3. Transfer Tax
- The transfer of real estate is subject to notary and Land Book fees, at approx. 1% of the real estate transfer price.
4. Listable
- Yes, to the extent that certain requirements are met
5. Open- or closed-ended
- Open- or closed-ended
6. Regulatory Supervision
- Regulated by the Romanian Financial Supervision Authority (Autoritatea de Supraveghere Financiara).
7. Investor Restrictions
- Yes, to professional investors
8. Best Feature
- A FIAIMOB cannot buy or sell real estate assets without having been previously valued by an independent valuator. As a general rule, the purchase or sale of real estate assets cannot be done at a price that is more than 10% higher (purchase), respectively by more than 10% lower (sale) by the valuation determined by an independent valuator.
9. Worst Feature
- Limitation of possible investors
- High minimum access investment amount to the FIAIMOB
10. Best Used For
- Real estate investments
Disclaimer: “Information in this guide for any particular country or topic may have been subject to change since the date to which it was prepared”