A new revised legislation aimed at boosting municipal revenue through the taxation of unbuilt properties has outlined specific taxpayer categories that commonly arise in the country.

The proposed cases include properties undergoing legalization processes but still holding property certificates, privately owned land occupied by unauthorized constructions undergoing legalization, or ongoing construction projects involving one or more developers. Article 9 of the draft law defines the taxpayers based on each specific scenario.

In the first section, it clarifies that “the taxpayer is the owner of the unbuilt property”. Additionally, it addresses situations where ownership is unclear.

“If the parcel owner does not utilize the land due to it being occupied by one or more unauthorized constructions, either under legalization or not, the taxpayer(s) for the parcel will be the possessor(s) or owner(s) of the unauthorized constructions. This determination does not confer any ownership rights over the parcel to the owners or possessors of the unauthorized constructions,” explains section two.

Moreover, in cases where there are no property ownership documents, section three stipulates that the taxpayer will be the possessor of the unbuilt property. This determination also does not grant any ownership rights over the unbuilt property to the possessor.

Section four addresses situations when a building has not been completed yet.

“If the unit of the building is not finished and is being constructed based on a building permit, the taxpayer will be the developer of the unit. However, if the unit of the building is not completed and does not have an associated building permit, the taxpayer will be the possessor of the unit. This determination does not grant any ownership rights over the unit of the building to the possessor,” elaborates section four.

Based on the conditions set out in sections 1, 2, 3, and 4 of this article, the responsibility for paying the full annual property tax for a specific tax year lies with the person who is the owner, developer, or possessor of the unbuilt property as of November 30 of the previous year.

Section six deals with cases of joint ownership, i.e., when there are multiple owners.

“When the unbuilt property is jointly owned or possessed by two or more persons, or is being developed by multiple developers, the responsibility for the payment of tax obligations belongs to each individual, proportionate to their designated share. In cases where the shares are unspecified, it will be presumed that they are equal. Each taxpayer is individually accountable for fulfilling their tax obligations,” concludes section six.