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Adding Someone To Your Tapu / Title Deeds?

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This was a question PM'd to me. The enquirers are husband and wife. They already own their property, in the husband's name only, and they want to add the wife as joint owner on the title deeds.

This advice also applies to anyone who wants an additional name added to the title deeds of their property, not just married couples.

"Mr Q is right - any name additions to the tapu are like buying the property over again. I think if the property will remain 50% in Mr Q's name then they will only need to pay the costs of the other 50%, whereas if it will be transferred 100% to Mrs Q, then the costs will be on the full value of the property.

If Mrs Q now has Turkish citizenship and doesn't need to go through the whole foreigner buying malarkey, the cost will be the taxes - on half the property that will be 1.5% of the tapu value, or 3% on the whole property.

If Mrs Q didn't have citizenship, then she would also need to get and pay for her special map from the council, deliver to the Aegean Army, wait for her military clearance and pay the associated costs.

Mrs Q should take care that the title deeds officials understand that the transfer is not a real sale. The law now says that title deeds must show the actual value paid for the property and tapu officials are under pressure to ensure that new, higher values are shown on new deeds. That would not only increase her transfer tax liability, it would also expose her to the possibility of capital gains tax if they have owned the property for less than 5 years.

It might be worth waiting a little bit before she goes ahead though. Rumours abound that the title deeds tax might be reviewed and reduced to 1% this January. That would mean tax costs of just 0.5% on half the property - quite a nice saving if it's true!"

NOTE ADDED 14/01/09

I've just realised this post could be read as saying that Turkish citizens can avoid all the buying malarkey if they want their names added to a tapu. Sadly this is not the case - it's just the foreigner buying malarkey they can skip: ie having to wait months while their application goes off to the appropriate army offices to check they are not terrorists or that the property is not in an area excluded to foreigners - and of course they can also skip paying for that privilege. What Turkish citizens CAN'T skip is the cost of becoming the new owner or part owner of a property: the taxes. As above, tax at the moment is 3% of the value of the residential property. Hope that clears things up!

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Laura; in areas of the country that aren't affected by the Aegean search criteria, are there any other things that would make selling to a foreigner a lengthier process than that of selling to a Turk? As far as I know, if for example a foreigner wanted to buy in the non-restricted parts of Istanbul, he could presumably buy without any problems?

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Hi benhalterciTo the best of my knowledge, the search on foreigners is carried out on any applications to purchase in Turkey, including in Istanbul. The purpose of the search is to determine that there are no obstacles to the purchase, so the fact that your preferred area in Istanbul is non-restricted would be confirmed as a result of that search.The search also checks that you as a buyer confirm to all the requirements - that you are a national or a business of a country with a reciprocal agreement that allows Turks to purchase property there; that your business meets the various special business requirementsAnd it also checks that the property you are buying is covered by an implemental or local development plan, that your total local property ownership is no more than 25,000m

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WE were thinking about putting my Wifes name on the Tapu because even though we asked for this for some reason it did not happen, but now we will wait to see if it does come down like you suggested it might. Thanks.

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Hey fellow,

 

The new information as of 2017 and in Istanbul districts. If you have a Tapu on your name. You wish to add your spouse or any family (father, mother, sister) member name to the ownership. It is NOT POSSIBLE to do directly. 

 

There is only one way to do it. You will have to sale that property (transfer) to a third person other than you and the person your willing to add in the TAPU. Then wait for a month and then that third person (if still not greedy and remains loyal and willing to return you your property) will go to Tapu office and transfer it to you and the person you wanted to add in.

 

Or there is a cheaper way; Make a will in Turkey that if you die the property will go to a person (whose name you wanted to add to tapu).  

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Hi,

As of march 2019 a foreigner that would like to buy a property must present a "Değerleme Raporu" (Property valuation report) which is done by some agencies, it takes around 2 or 3 weeks, it costs 1.500-2.500TL and is valid for 3 months since the issue date. 

https://www.tkgm.gov.tr/tr/icerik/20191-sayili-genelge-yabancilarin-tasinmaz-ediniminde-degerleme-raporu-alinmasi-hakkinda

At begining of february we bought an apartment. I told the "emlakcı" that I was foreigner and I wanted my name in the deed. The "day" came and when all the papers were presented,  the TAPU couldnt include my name cause the 'emlakcı' didnt advice me that I needed the military clearance. I agreed not to cancel the procedure (which I regret now) and to continue with the transaction and the TAPU is under my husband´s name. 

At the begining of abril 2019 I went to the TAPU to start the military clearance and they informed me what I posted before. The military clearance is no needed any more.

Question:

Adding my name is like a "buy-sell" operation, does that mean my husband will have to pay taxes because he is "selling" 50% before 5 years since the purchase? 

What about me and the taxes? Would it be better to wait and do it after 5 years passed?

 

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May I ask where you heard the military clearance was no longer required? I haven't heard this before.

As far as I have heard, this valuation report is only necessary if one is buying property in order to become a Turkish citizen, to make sure the property meets the minimum value of investment in property for Turkish citizenship. It is not required for routine property purchases. Are you getting information different from this? And if so, from where?

I'm assuming you're talking about the capital gains tax for capital gains on property less than five years after the purchase. Why would putting your name on the tapu be a sale of the property? You are just adding your name to tha tapu, not buying it outright from your husband.

 

 

 

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I hope you don't object Ken, to save lots of typing,i've just copied & pasted relevant info direct from my files website...Please delete if inappropriate..

MILITARY SEARCH REQUIREMENTS COMING TO AN END IN MANY PROVINCES

This at present only applies to property purchases in:

  • All of Mugla Province as of August 2018
  • Aydın
  • Aksaray
  • Adıyaman
  • Çankırı
  • Çorum
  • Isparta
  • Kahramanmaraş
  • Karabük
  • Kastamonu
  • Kırşehir
  • Nevşehir
  • Niğde
  • Samsun
  • Sinop
  • Usak
  • Yozgat (excluding land in Dilek Peninsula).

This means property purchases & sales can be concluded within 24 hours in these areas. This does NOT include properties in any military zones.

HOW TO ADD/REMOVE ANOTHER NAME ON A TAPU

To add/remove a person or spouse to a Tapu (title deed) you will need to "buy/sell a share" of the property to/from the person.

Please visit your local land registry office (Tapu Sicil Müdürlükleri) and inform them you want to sell a percentage of your property and add a new name to the tapu.

You will need to pay a sales transfer fee of 4% – plus some additional administrative taxes.

Example; If you sell 50% of your property, you will have to pay 4% of this amount in taxes.

Please note; You can not sell a percentage of your property for any amount. There is a minimum amount you have to sell your share for, and your local land registry office will instruct you about the this.

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I asked about the military clearance in TAPU ve KADASTRO in EYUPSULTAN in Istanbul on abril 2nd 2019 and I went back again on abril 18th and I re-asked and I had the same answer, the military clearance is not asked any more. That it what they told me. It is not only for foreigners who want to get the citizenship, cause I dont need the citizenship now and if I wanted to have it, I can have it through my husband, who is turkish. It is just because Im foreigner. 

We bought an apartment lately and to add my name to the deed they asked this report. It has to be in colour and has to be signed by the person who made it. I have done this procedure this past thrusday. It took us all day in the TAPU ve KADASTRO office but we manage to do it. We got the property deed and went to the municipality to suscribe it for the property taxation. The amount to be paid will come half to each of the owners. 

On my first post, I added the link of the new circular from the oficial TAPU and KADASTRO web page that mentions about this "porperty valuation report" that must be presented.

Below you can also find in english the explaination made by one of the agencies that makes these reports. 

https://www.tapueksperi.com/en/property-valuation-report-became-mandatory-for-foreigners/

 

Unfortunately, the adding of a name is shown like a "selling" in Turkey, that is the rule. I dont pay, in my case, my husband 1/2 of the property, I just paid a percentage of the 50% which till end of this year is 3%, normaly is 4%, plus administrative expenses. 

 

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Excellent news about the military clearance. I am glad to hear it!

Thanks, Redders, and Kariuch, for the explanations. It makes sense to me now. Until now I had only heard of the valuation report being used to make sure a property met the minimum value for a foreigner to become a Turkish citizen. So apparently now it is required for all foreign purchases. And thanks, Kariuch, for coming back and updating us... I learned something I didn't know before. :)

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