Comments on: Foreign Ownership of Land in the Philippines http://www.bcphilippineslawyers.com/foreign-ownership-of-land-in-the-philippines/371/ Thu, 02 Feb 2012 10:47:51 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: derf http://www.bcphilippineslawyers.com/foreign-ownership-of-land-in-the-philippines/371/comment-page-2/#comment-3781 derf Sat, 26 Nov 2011 06:47:23 +0000 http://www.bcphilippineslawyers.com/?p=371#comment-3781 hello, could a foreigner, under the $200k minimum investment strategy, own and retain a local company (100%)? If so, could this company be a small scale development company whereby land (<1000m2) would be acquired and developed into a condominium project? the land is under tax declaration and currently owned by a 40/60 foreign/local structure. thanks in advance for your insight No, ownership of land is restricted to 40% foreign ownership for land owned by a corporation no matter how much paid-in capital the company has. hello,
could a foreigner, under the $200k minimum investment strategy, own and retain a local company (100%)? If so, could this company be a small scale development company whereby land (<1000m2) would be acquired and developed into a condominium project? the land is under tax declaration and currently owned by a 40/60 foreign/local structure.
thanks in advance for your insight

No, ownership of land is restricted to 40% foreign ownership for land owned by a corporation no matter how much paid-in capital the company has.

]]> By: Giorgio http://www.bcphilippineslawyers.com/foreign-ownership-of-land-in-the-philippines/371/comment-page-2/#comment-3724 Giorgio Wed, 09 Nov 2011 00:19:54 +0000 http://www.bcphilippineslawyers.com/?p=371#comment-3724 I'm a foreigner married to a filipina. Do I have the right to buy a house with lot in the philippines? If not 100% can I be the owner of 50% of it with the other 50% belonging to my wife? Giorgio, foreigners married to Filipinos do not have the right to purchase any real property in their name. I’m a foreigner married to a filipina. Do I have the right to buy a house with lot in the philippines? If not 100% can I be the owner of 50% of it with the other 50% belonging to my wife?

Giorgio, foreigners married to Filipinos do not have the right to purchase any real property in their name.

]]> By: john http://www.bcphilippineslawyers.com/foreign-ownership-of-land-in-the-philippines/371/comment-page-2/#comment-3690 john Sun, 30 Oct 2011 11:42:32 +0000 http://www.bcphilippineslawyers.com/?p=371#comment-3690 Hi, I'm a foreigner who is under 35 years old. I heard that a foreigner must get a certain type of visa in order to purchase a condo and to get that visa he must be at least 35 years old. Would it be possible for me to purchase a condo? TYIA John, never heard of that. Foreigners may purchase up to 40% of a condo project. The buyer must be at least 18 years old no visa required. Hi,

I’m a foreigner who is under 35 years old. I heard that a foreigner must get a certain type of visa in order to purchase a condo and to get that visa he must be at least 35 years old. Would it be possible for me to purchase a condo?

TYIA

John, never heard of that. Foreigners may purchase up to 40% of a condo project. The buyer must be at least 18 years old no visa required.

]]> By: John http://www.bcphilippineslawyers.com/foreign-ownership-of-land-in-the-philippines/371/comment-page-2/#comment-3371 John Wed, 29 Jun 2011 00:58:08 +0000 http://www.bcphilippineslawyers.com/?p=371#comment-3371 Hi, Re AFFIDAVIT OF WAIVER... If a foreigner and his filipino spouse buy a house & lot in the Philippines, the foreigner must sign the "Affidavit of Waver", I understand this means the foreigner is "waiving" his right to any ownership of the property and the title will be 100% in the name of his filipino spouse and only her name will appear there. Correct? John, whether the foreign spouse signs a waiver or not he has no right to ownership on land in the Philippines. Hi,

Re AFFIDAVIT OF WAIVER…
If a foreigner and his filipino spouse buy a house & lot in the Philippines, the foreigner must sign the “Affidavit of Waver”, I understand this means the foreigner is “waiving” his right to any ownership of the property and the title will be 100% in the name of his filipino spouse and only her name will appear there. Correct?

John, whether the foreign spouse signs a waiver or not he has no right to ownership on land in the Philippines.

]]> By: Michael http://www.bcphilippineslawyers.com/foreign-ownership-of-land-in-the-philippines/371/comment-page-2/#comment-3364 Michael Wed, 22 Jun 2011 18:27:30 +0000 http://www.bcphilippineslawyers.com/?p=371#comment-3364 Hello, I wonder if you could help shed light on my situation. I'm a Swiss citizen and am thinking of moving to another country (preferably Philippines, Cebu) and live off my savings for a few years. I would remain unemployed. Also, I am 27 years old. I've been thinking of buying a condo unit but was recently told by someone that a foreigner must have retirement status to buy, and as I understand the minimum age for a retirement visa is 35. Can you see anything in my situation I listed that would cause a problem with buying a condo unit? Thanks. Michael, foreigners are allowed to buy condominimums. Hello,
I wonder if you could help shed light on my situation. I’m a Swiss citizen and am thinking of moving to another country (preferably Philippines, Cebu) and live off my savings for a few years. I would remain unemployed. Also, I am 27 years old. I’ve been thinking of buying a condo unit but was recently told by someone that a foreigner must have retirement status to buy, and as I understand the minimum age for a retirement visa is 35. Can you see anything in my situation I listed that would cause a problem with buying a condo unit?
Thanks.

Michael, foreigners are allowed to buy condominimums.

]]> By: Martin Lange http://www.bcphilippineslawyers.com/foreign-ownership-of-land-in-the-philippines/371/comment-page-2/#comment-3319 Martin Lange Sat, 04 Jun 2011 03:34:40 +0000 http://www.bcphilippineslawyers.com/?p=371#comment-3319 Greetings! I'm a Slovene national, planning to have a sister company here in the Philippines. Is my company allowed to own a land without Filipino partner? Thank you! Martin, foreign companies may not own land in the Philippines. A foreign company may own up to 40% of a corporation which owns land in the Philippines. Greetings!
I’m a Slovene national, planning to have a sister company here in the Philippines. Is my company allowed to own a land without Filipino partner?

Thank you!

Martin, foreign companies may not own land in the Philippines. A foreign company may own up to 40% of a corporation which owns land in the Philippines.

]]> By: Carl http://www.bcphilippineslawyers.com/foreign-ownership-of-land-in-the-philippines/371/comment-page-2/#comment-3081 Carl Wed, 09 Feb 2011 19:45:27 +0000 http://www.bcphilippineslawyers.com/?p=371#comment-3081 Couple of quick questions: 1) My wife is a dual citizen (Filipino/U.S.); is there a limitation on the amount of land she can own (rural versus urban)? 2) If I become a non-quota permanent resident, am I still considered a foreigner (may I own land)? 3) Is it possible to set up a corporation that would be 40% my wife, 20% my sons (dual citizen--Minors), and 40% myself? Or must one be 18 in the Philippines to be part of the corporation. Carl, 1) Filipino citizen even if they are dual nationals have the right to purchase any amount of land. 2) Only Filipino citizens may purchase land a non-quota visa does not give the right to purchase land 3) Minors can not be shareholders in a corporation but you could setup a trust which would the shares for them Couple of quick questions:

1) My wife is a dual citizen (Filipino/U.S.); is there a limitation on the amount of land she can own (rural versus urban)?
2) If I become a non-quota permanent resident, am I still considered a foreigner (may I own land)?
3) Is it possible to set up a corporation that would be 40% my wife, 20% my sons (dual citizen–Minors), and 40% myself? Or must one be 18 in the Philippines to be part of the corporation.

Carl,

1) Filipino citizen even if they are dual nationals have the right to purchase any amount of land.
2) Only Filipino citizens may purchase land a non-quota visa does not give the right to purchase land
3) Minors can not be shareholders in a corporation but you could setup a trust which would the shares for them

]]> By: chris http://www.bcphilippineslawyers.com/foreign-ownership-of-land-in-the-philippines/371/comment-page-2/#comment-2941 chris Thu, 18 Nov 2010 21:59:05 +0000 http://www.bcphilippineslawyers.com/?p=371#comment-2941 hello , i am from New Zealand and i have purchased a condo in Cebu. i would now like to purchase another one preferably in Cebu. can i as a foreigner own 2 or more condos ? both in the same city ?is there any catch ? thank you very much Chris, foreigners may purchase as many condo units as they like as long as the foreign ownership in particular condo project is 40% or less. hello , i am from New Zealand and i have purchased a condo in Cebu. i would now like to purchase another one preferably in Cebu. can i as a foreigner own 2 or more condos ? both in the same city ?is there any catch ? thank you very much

Chris, foreigners may purchase as many condo units as they like as long as the foreign ownership in particular condo project is 40% or less.

]]> By: Robert Clark http://www.bcphilippineslawyers.com/foreign-ownership-of-land-in-the-philippines/371/comment-page-2/#comment-2908 Robert Clark Sat, 06 Nov 2010 05:17:46 +0000 http://www.bcphilippineslawyers.com/?p=371#comment-2908 Hi,I am married to a filli woman and she owns a house and lot.I know i cant have co owner of the lot/land but i can be co owner of the house(%40)Can you tell me how i can do this? do i just get my name on the deed with my partner? who do i see to do this?Thankyou for ue reply. Robert, the house can not be separated form the land. Hi,I am married to a filli woman and she owns a house and lot.I know i cant have co owner of the lot/land but i can be co owner of the house(%40)Can you tell me how i can do this? do i just get my name on the deed with my partner? who do i see to do this?Thankyou for ue reply.

Robert, the house can not be separated form the land.

]]> By: Tony Gee http://www.bcphilippineslawyers.com/foreign-ownership-of-land-in-the-philippines/371/comment-page-2/#comment-2896 Tony Gee Sat, 30 Oct 2010 05:12:28 +0000 http://www.bcphilippineslawyers.com/?p=371#comment-2896 I am a foreigner. My girl friend (and mother of my child) is Filipina. Can we buy an existing house and land, and separate the land (in her name and to be leased by me) and I buy the house? Can I will my house to my child? Thanks, Tony, the house can not be separated from the land. But what you may like to explore is buying the house and land and place it in a trust in favor of your daughter I am a foreigner. My girl friend (and mother of my child) is Filipina. Can we buy an existing house and land, and separate the land (in her name and to be leased by me) and I buy the house? Can I will my house to my child?
Thanks,

Tony, the house can not be separated from the land. But what you may like to explore is buying the house and land and place it in a trust in favor of your daughter

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