Jan/May 2011
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RETURNING RESIDENCE FAQ NOW IS THE TIME...
ISSN 2044-4923
PROPERTIES | TIPS | HOT SPOTS | PROPERTY RELATED SERVICES AND MORE...
PUBLISHER Jamaica Property Paper Ltd. Registered Office: Suite 404 Albany House 324/326 Regent Street London W1B 3HH Tel: +44 (0) 207 117 6282 Fax: +44 (0) 207 900 6292 Website: jamaicapropertypaperuk.com Email: info@jamaicapropertypaperuk.com
CONTRIBUTORS Jamaica Tourist Board Barbara Ledgister Jamaican High Commission - UK
GRAPHIC DESIGNER Georgina Pensri
H
appy New Year and welcome to the second issue of Jamaica Property Paper!
2010 was a fabulous year, where the UK got its own guide to the Jamaica Property market. Indeed, it was received well! The feedback from our readers was absolutely fantastic and we want to say thank you for all the letters, texts, calls, emails and voice messages you sent us. Many of us have made our New Year resolutions for 2011 - from taking that well deserved holiday break from the cold to owning our retirement, investment or holiday property in Jamaica. Whichever of these is your dream, Jamaica Property Paper will assist you making that dream a reality by keeping you informed of the opportunities that are waiting just for you. We have made our New Year resolution too and it includes you, our valued readers. We are pleased to inform you that we have listened to your comments and feedback and will be re-launching the magazine to cater to your needs even more effectively. “Come join us for this great event on Saturday July 30, 2011 at the Lambeth Town Hall. It will be a day not to be missed! Kindly see page 15 for more details. In this issue you will find proposed developments and existing properties for sale, property related services, affordable holiday accommodation and so much more. Thank you again for making it Jamaica Property Paper.
PRINTER Warner (Midlands) PLC.
Disclaimer: The information in this magazine is for general information purposes only. It is not intended as legal, financial or investment advice neither do we act a real estate agent/broker and should not be seen or relied on as such. Before making any commitment of a legal or financial nature you should seek advice from a qualified and registered legal practitioner or financial or investment adviser. Properties advertised in this publication is supplied by or on behalf of the seller of the property and are subject to prior sale or withdrawal without notice. All advertisements in the magazine were at the time of collection deemed to be from reliable source. We cannot make any guarantee as to the quality or the integrity of the advertisers and of such you should make sure you do all necessary checks and investigations before making any commitment. The publisher specifically disclaims all and any liability to advertisers, readers and users of any kind for loss or damage of any nature whatsoever and how so ever arising, whether due to inaccuracy, error, omission or any other cause, and whether by it or its servants or agents or any other person. Any reproduction in whole or in part other than as permitted by law for personal or work related purposes in any form or in any medium without written permission of Jamaica Property Paper is prohibited.
Enjoy! Tamoy Carter Founder & Editorial Director
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W H AT ’ S I N S I D E Now is the time to return to Jamaica How do I obtain a registered Title Housing Trust Celebrates 35 years... Taxpayers Registration Number (TRN) FAQ Returning Residence FAQ
Now is the time
to return to Jamaica! With so much happening in Jamaica throughout 2010 and going into 2011, there has never been a better time to head back home to remind yourself of what you’ve been missing. With temperatures hovering around 30 degrees all yearround you can enjoy some fantastic winter sun, and slip back into the easypaced lifestyle that is so unique to the island. Jamaica has been receiving fantastic international media attention in recent weeks after unveiling its industryleading 3D Destination Video at the World Travel Market in London. Filmed entirely in 3D, the film is the first of its kind in the travel industry, and has made the Jamaica the envy of tourism boards the world over for its ground breaking use of the latest technology. The story line of the film spans one day in Jamaica, following the flight of the island’s national bird, the Doctor Bird, from sunrise to nightfall and beyond. En route, viewers will be treated to incredible 3D footage, bringing the iconic sights of Jamaica to life like never before. From swimming with horses, to thrill seekers zip-lining, to bobsledding through the rainforest, viewers are transported to the very heart of this 4
diverse and adventurous Caribbean island for an unforgettable journey. Despite the global recession, Jamaica has enjoyed a fantastic year in terms of visitor arrivals, but the island has certainly not been resting on its laurels. There has been significant investment in the island’s infrastructure over the last 12 months and going into 2011, which will keep Jamaica at the forefront of tourism in the Caribbean and benefit locals and visitors alike. The opening of a new terminal building and expanded runway at Boscobel Airport, near OchoRios, in December 2010, is a clear example of Jamaica’s ambition and confidence in its aviation industry. The airport will be aptly renamed ‘Ian Fleming International Airport’, and will accommodate high-end travellers and private jets, boosting tourism in the surrounding communities. Jamaica’s Transport Minister is also confident that in the long run, the airport will support flight schedules to and from surrounding Caribbean islands.
Contributed By the Jamaica Tourist Board www.jamaicapropertypaper.com
How do I obtain a Registered Title? Question: I bought a parcel of land some years ago and received a Indenture ( Common Law Title ). How can I convert this to a registered title? Answer: In the past one of the ways as common practise to sell land was to dispose of it by way of transferring the ownership on a Common Law Title. Sometimes all the person had to prove ownership was by way of a receipt.
A Common Law Title is one that transfers the property from one person to another and was the method commonly used “back in the day”. However with the advent of mortgages and the need to have documents that can stand up to scrutiny it is infinitely better to own a Registered Title.
the beneficiary under an estate) will have to execute an Affidavit/Declaration setting out the circumstances under which the Common Law Title was acquired. If he/she resides in the UK this would be signed in the presence of either a Notary Public (not a solicitor) or the appropriate officer at the Jamaica High Commission). In addition to the owner’s Affidavit/ Declaration there needs to be 2 further Affidavits/Declarations from 2 individuals who know the land/property and have known it for the past 35 years. They too must sign the documents appropriately. If those individuals
Common Law Titles are generally registered at the Registrar General’s office in Spanish Town just as in a similar fashion Registered Titles are registered at the Title Office in Kingston. In order to convert your Common Law Title to a Registered Title there is a process that must be followed. It is best to employ the services of an attorney-at-law who will be able to prepare and submit all the relevant documents on your behalf. The named individual on the Title (or an executor if an estate is involved, or indeed
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reside in Jamaica then the documents must be signed in the presence of a Justice of the Peace (JP).
calculated in order to provide the owner with the likely costs of obtaining a Registered Title.
It is important that a surveyor be instructed to prepare a Diagram for the land. If the owner has a current Diagram it must not be more than 7 years old. If more than 7 years old this can to be submitted to the Titles Office along with a Certificate from a surveyor confirming that the boundaries of the land remain the same. In the alternative a new Diagram can be prepared and submitted.
Once the documents have been submitted and if the documents have been accepted by the Titles Office the Registrar of Titles will issue a directive that the Application for Title must be advertised – generally on 2 insertions in a newspaper. If there are no objections raised by an interested party then Titles Office, after the appropriate time will issue the Registered Title.
It is also important to pay the land taxes for the land as a copy of the latest tax receipt must be submitted to the Titles Office as well.
Other names can also be added when one is registering the Title but appropriate documents must be submitted with the application. In the fullness of time a Registered Title will be issued in the appropriate names. The process can take up to a year.
The current value of the land must be stated on the documents to the Titles Office and it is by this method that the costs can be
It is important to convert Common Law Titles to Registered Titles. The process is in place for this exercise to be completed successfully. The Government of Jamaica has deemed this exercise so important that there is now an agency, The Land Administration and Management Programme (LAMP) that where appropriate they offer the services of obtaining registered titles for individuals. Act now.
Barbara J. Ledgister Is a Jamaican attorney-at-law practising in the UK with an affiliated firm in Jamaica. Telephone: 0208 764 1555
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Housing Trust Celebrates 35 -
“must continue to make housing affordable to more contributors” PM Golding In his first public assignment for 2011, Prime Minister Bruce Golding said that the National Housing Trust (NHT) must continue to find ways to make housing more available to contributors. Mr. Golding was delivering the keynote address at the Trust’s 35th anniversary re-dedication and flag raising ceremony at Emancipation Park on January 3. Speaking to long-serving staff and senior officials at the NHT, Mr. Golding said, “Like
you, I am not prepared to ever come to the conclusion that there are some people who cannot afford to be housed; a way has to be found. We must never say we can use your money but it is not possible to find a way for that money to benefit you.” Quoting the most recent Survey of Living Conditions, Mr. Golding noted that more than half of home-owners in Jamaica were assisted by the NHT. He commended the staff and management of the Trust for the achievement and said that of all institutions established
(Ja) ( 876 ) 614 0554 ( UK) + 44 ( 0 ) 777 264 5922
since independence, the NHT has been the most successful. “I don’t think there has been any institution that we have created in that time that has been as successful, has been as faithful in its mission, has had as significant an impact on the lives of the Jamaican people as the National Housing Trust has had,” Mr. Golding said.
Outlining the activities for the 35th year, managing Director, A. Cecile Watson gave a tease saying that the Trust will be making a gift to the nation in the first quarter of the year. The Trust was rededicated by Pastor of the Webster Memorial United Church, Rev Astor Carlyle who based the prayer on Psalm 127: “Except the LORD build the house, they labour
In his remarks, Chairman of the Board, Howard Mitchell said that the Trust plans to expand its contributor base to include Jamaicans living abroad. Also speaking at the function was board member, President of the Jamaica Confederation of Trade Unions (JCTU), Lloyd Goodleigh, who recalled that the institution had done well despite tough economic times.
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in vain that build it.� The NHT chorale delivered a prayer in song. Following the ceremony, the Prime Minister watched cadets of the Marine Division of the Jamaica Combined Cadet Corps (JCCC) hoist the NHT flag and participated in the cutting of the Trust’s anniversary cake in Emancipation Park, which is owned by the NHT. Mr. Golding then toured the corporate headquarters, greeting staff in their respective departments and attended a NHT board meeting. Source:
Jamaica Information Service (JIS) www.jis.gov.jm
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Taxpayers Registration Number (TRN) Frequently Asked Questions Q. A.
Do I need to pay a fee when applying for a TRN? No, there is no fee involved in obtaining a TRN.
Q. Is there an age limit for an individual applying for a TRN? A. No, there is no age limit for a TRN. However, applications for children under the age of 18 years must be signed by a Parent or Guardian. Q. Can someone who is not a Jamaican national or non-resident apply for a TRN? A. Yes, anyone can apply for a TRN. Q. If someone is overseas, can I apply for a TRN for him or her? A. No, the person can download the application from the website and have it completed, signed and mailed to us (at the address below) with a notarized copy of their ID. If the person has an old Jamaican Passport, the first four (4) pages should be copied. Q. A.
Will I be able to use my TRN card as an ID? No, the TRN card cannot be used as an ID as it does not have a picture.
Q. Do I have to collect my TRN card at the same office that I applied for the number? A. No, you are required to state where you wish to collect your card when completing the application.
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Q. What do I do if my card is lost, stolen or destroyed? A. You are required to write a letter requesting a new card. Clearly state your full name and date of birth if you don’t know your TRN. Submit the letter to the nearest Tax Office. Q. Can a Baptismal Certificate or a Birth Entry (‘pink slip’) be used instead of the Birth Certificate? A. No, only a certified copy of the Birth Certificate can be used. Q. I am an elderly person who is unable to leave home. Can I ask someone to take in my application form to your office? A. Yes, someone may take your signed application form to the nearest Tax Office with your ID. Q. I have not yet received my TRN card, but I need to do some urgent business at the Tax Office. Will this prevent me from doing my business? A. No, provided you have already applied and received a number you may use the number until you collect your card. Q. My property tax is now overdue. Do I need a TRN before I can pay the tax? A. No, continue to pay your tax as usual. However, you should apply for a TRN. If you are going to pay your property tax by cheque the TRN of the person who writes the cheque (the drawer) will be needed.
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Q. Can my Marriage Certificate from the pastor be used to apply for or change my name on my TRN card? A. No, only a certified copy of the Marriage Certificate can be used. Q. Should non-profit organizations apply for a TRN? We are only involved in doing voluntary work for the needy. A. Yes, all non-profit organizations need to apply for a TRN.
Source Jamaica’s Tax Administration www.jrs.gov.jm
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Returning Residents Programme Frequently asked questions
Q. How do I qualify for concessions under the Returning Residents Programme? A.
You must be a Jamaican national who is at least 18 years old, have lived abroad for more than three consecutive years and intends to return to Jamaica to live permanently
Customs House, Newport East, Marcus Garvey Drive, Kingston 15
Collector of Customs, Howard Cooke Boulevard, Revenue Centre Building, Montego Bay, St James
T: (876) 750 3005
T: (876) 952 3080
Be sure to take along the requisite documents. Personal and household effects, as well as tools of trade, are then inspected.
Q. What documents should I submit in order to obtain the duty concessions? A.
The following are necessary: 1. Valid passport 2. Tax returns 3. Retirement papers 4. Utility bills 5. Proof of property acquired/ rented in Jamaica 6. Job letter from prospective employer; 7. Unaccompanied baggage declaration form (C27) 8. Taxpayer registration number card 9. Original bill of lading.
Q. Do students qualify for duty concessions? A.
Yes. Students who have studied for more than one year but less than three (3) years are entitled to concessions in terms of their tools of trade and some personal and household effects.
Q. Can duty concessions be obtained on my personal and household effects prior to arrival in Jamaica? A.
Q. What type of vehicle can I import? A.
These are personal items of clothing, toiletries, furniture and household appliances whether new or used.
Q. What are tools of trade? A.
They are the type and amount of instruments, tools, equipment, devices and machinery used in the normal course and scope of a person’s profession, trade or occupation without utilizing additional labour.
Q. What is the procedure for the clearance of unaccompanied baggage? A.
A. You will need to attend an interview at the Returning Residents Unit of Customs Department located at:
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You may import a motor car and a light commercial unit or two light commercial units.
Q. Are Returning Residents granted duty concessions on motor vehicles? A.
Q. What are personal and household effects? A.
No. Concessions are granted only after the interview with officials of the Returning Resident Unit of the Customs Department.
There are no distinctions between Jamaicans who reside in Jamaica and those who reside abroad, with respect to the administration of the Government’s motor vehicle policy. In this regard, no duty concessions are granted to Returning Residents.
Q. Is there an age limit for the importation of used motor vehicles? A.
Yes. Used motor cars should not be more than three (3) years old and light commercial vehicles should not be more than four (4) years old.
Q. What documents should I submit in order to import a motor vehicle? A.
The documents include a pro forma invoice, certificate of title or registration, taxpayer registration number (TRN) card, copy of two forms of ID, that is driver’s licence, passport or electoral identification card.
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Q. Is there a limit on the quantity of furniture that I can import? A.
Yes. The Customs Department has published a list of the quantity of items which may be imported duty free. The list is contained in the Information Booklet for Returning Residents which is available at the High Commission and on this website: www.jhcuk.com.
Q. Can I take my pet? A.
Yes. However, a permit is required from the Veterinary Services Division of the Ministry of Agriculture prior to importation. In the case of dogs and cats, they must be born and bred in the United Kingdom. Certification from the relevant authority in the UK is required.
Q. Can I take my plants? A.
Yes. However, a phyto-sanitary permit is required prior to importation. Applications must be submitted to the Chief Quarantine Officer in the Ministry of Agriculture.
A.
Non-Jamaican spouses are granted the same concessions as their Jamaican partner and are entitled to live and work in Jamaica with the required immigration and work permit exemption. (Both parties must have resided overseas for at least three (3) consecutive years). Jamaican law requires all non-Jamaicans who do not enjoy diplomatic status to have a work permit as long as they are engaged in gainful employment in the island whether or not the form of gainful employment is voluntary, commercial, business, professional, charitable, entertainment, or sport related. A non-Jamaican national who engages in any form of gainful employment without a work permit exemption or while application is pending, may be prosecuted. Exemption from Work Permits: Spouses of Jamaican nationals may be exempted from Work Permits upon submission of an application. The documents required are: •
Q. If I acquired Jamaican citizenship by descent and am desirous of returning to Jamaica, am I entitled to duty concessions?
Marriage certificate; in cases where a previous marriage occurred, a Decree Absolute should be presented
•
Proof of Jamaican citizenship enjoyed by spouse, however it was acquired
A.
•
Passport of each spouse and passport-size photograph of each
•
Declaration by both spouses that they share the same matrimonial home.
Yes, you are afforded all the privileges as a Jamaican. You will need to submit your Certificate of Citizenship and/or Jamaican passport as proof of citizenship.
Q. Do I have to submit any documents to the High Commission prior to my departure from the UK? A.
No. All documents should be submitted during the interview with a Customs Officer in the Returning Residents Unit of the Jamaica Customs Department.
The Ministry of Labour and Social Security must be informed of change of residence from one parish to another by all foreigners employed in Jamaica. Jamaican High Commission - UK
Q. Does each spouse qualify separately for the benefits? A.
No. A couple will be treated as one family if they return together. Spouses who do not return together but do so within three (3) years of each other are treated as one family and are entitled to only one (1) concession.
Q. If my spouse is non-Jamaican will he or she be allowed to live in Jamaica?
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