Guide to buying property in Sri Lanka for foreigners and expats
What are the rules and regulations for expats and foreigners buying and renting property in Sri Lanka ?
Foreigners still cannot purchase land and property from ground level to 4th floor, although it was proposed in the 2017 budget to remove restrictions for buying property from ground-up (the proposals haven't still been enacted). Currently land can only be leased up to 99 years and apartments purchased from 4th floor and above only.
Private companies with majority foreign holdings will be allowed to lease land on a long-term basis. However, such companies should have invested at least 250 million rupees excluding the value of land providing employment to at least 150 people, and have maintained this for at least three years.
Sale of land to foreigners has been prohibited from the 2013 budget. Land can only be leased out for a max of 99 years. Foreigners or companies (with more than 50% foreign ownership) no longer need to pay the 15% land tax from 1st Jan 2016 (LAND (RESTRICTIONS ON ALIENATION) (AMENDMENT) - issued 2nd Sept 2016)
Taxes for landlords
Anyone leasing out a property to a foreigner or local will need to pay a 1% stamp duty when the rent is collected.
VAT is payable at 15% if the lease is to a VAT Registered person, other than on residential premises. Further, the sale of land & buildings other than residential premises will also be liable to VAT at 15% on the value.
Capital Gains tax
The Capital Gains Tax of 10% on the gains, will become effective from 1st April 2018. It's still unclear as to the exact implementation of the tax, however there is suggestion that 'property bought and sold before the expiry of 10 years would be subjected to the tax'. The tax will be applicable to both foreigners and locals. You can find out more on Capital Gains Tax from here.
Moving money in and out of the country
If a foreign resident wants to purchase a property, then the money will need to be channeled in to the country via a special SIA (Securities Investment Account), held at a local bank. Once the property has been sold, the money can be taken out (plus any gains) via the same account in the currency that the money was deposited in. If you currently own a property where the money hasn't been brought via a SIA account (eg. inherited, bought while a citizen of Sri Lanka), then there's an annual limit of $20,000 when taking the money out of the country. You could still take the money out at once, if the source of the money can be proven to the bank and Central Bank (this whole process will take a few months to complete).
The government will allow $45,000 to be brought in to the country without declaring the source (Budget 2017)
The budget of 2017 has proposed that foreigners be allowed to borrow money from local banks for the purchase of condominiums (up to 40%).
More details: FOREIGN OWNERSHIP OF REAL ESTATE IN SRI LANKA
Update 07/09/2017 - Inland Revenue Bill Passed
Update 10/11/2016 - Budget 2017 proposes Capital Gains Tax, removing restrictions of foreigners buying property (freehold right restrictions) and ability for foreigners to get loans/mortgages from domestic banks for property purchases.
Update 02/09/2016 - The 15% tax on land lease for foreigners was removed from 1st Jan 2016 via the LAND (RESTRICTIONS ON ALIENATION) (AMENDMENT) gazette
Update 31/10/2014 - Land (Restrictions and Alienation) Act published. Read it from here
Update 03/08/2014 - New legislation is being drafted to strictly enforce rules pertaining to the 2013 ban on foreigners owning land. There will be a tax of 15 per cent on the value of the lease. With new laws you are also not allowed to circumvent this ban by purchasing the land through a majority Sri Lankan nominee owned company. It's assumed that this law will not apply to foreign-owned companies of more than 10 years (TBC). More>>
Update 03/11/13 - the Investment Promotion Ministry is to submit a cabinet paper to reduce the land transfer tax to below 10 per cent to facilitate foreigners seeking to lease land.
Update 17/02/13 - Sri Lankan expats holding foreign citizenship can now buy land in Sri Lanka. More>
Last update: July 2015
- LAND (RESTRICTIONS ON ALIENATION) ACT, No. 38 OF 2014
- LAND (RESTRICTIONS ON ALIENATION) (AMENDMENT) issued 02/09/2016 removing the 15% land tax for foreigners
- 100% land sale tax for foreigners to be scrapped
- Tax for foreigners when buying land in Sri Lanka
- Rules pertaining to sale or lease of land to foreigners
- Sri Lanka Investment Climate Statement 2011
- Chambers Colombo
- Gazette No 1386/18 dated March 30, 2005
- Stamp Duty - Gazette No 1439/3 dated April 3, 2006
- Stamp Duty guide from Inland Revenue
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