Guide · C3
Holding: primary, personal, company
The same apartment can be three different assets depending on who holds title: you as occupier, you as individual investor, or a company (local or foreign). Tax treatment, banking, probate, and Liberty Stack scores all shift. Real-estate mode makes this explicit with three capital-gains holding modes — primary, personal, and company — because ranking a corporate hold with personal-name rules misleads you on exit tax and sometimes on purchase eligibility.
This guide explains when each structure makes sense indicatively, how it interacts with Business mode scores, and what to verify before you optimise the wrong layer.
Who this is for
- Buyers deciding personal name vs local company vs offshore holdco
- Investors who will rent vs occupy vs flip
- Founders who already have a business hub and wonder whether to buy property through it
- Heirs and estate planners — structure affects transfer tax and complexity
The three holding modes in Liberty Stack
| Mode | Typical use | What changes in the ranking |
|---|---|---|
| Primary | Main home you occupy | Often strongest capital-gains relief where countries distinguish owner-occupiers |
| Personal | Investment in your name | Default mode; graduated relief or flat CGT common |
| Company | Asset in a company | Corporate tax on rent and gain; different exemptions |
Toggle the mode in Real-estate mode. If a country lacks data for a mode, the UI warns and may fall back to personal. See methodology for the Netherlands-style example (owner-occupied vs Box 3).
Important: Modes describe tax treatment buckets in the dataset, not every legal form (trust, REIT, partnership). Your exact deed matters.
Primary residence — more than a tax label
When it fits
- You will genuinely occupy the property as your main home
- Local law grants occupancy-linked reliefs (CGT, property tax, wealth tax)
- Visa or registration rules tie benefits to physical presence
Liberty Stack lens
- Real-estate capital gains with
primaryselected - Liberty property and infra for liveability
- Liberty tax for personal residence taxation (not identical to CGT mode)
Raises attractiveness
- Strong owner-occupier CGT exemption or reduction
- Stable residency documentation path if you need it
- Reasonable mortgage access for residents
Lowers attractiveness
- Countries that grant investor visas but no primary-home CGT benefits on a second flat
- Wealth taxes that hit primary homes above thresholds
- Restrictions on foreign primary occupancy without residency
Trap: Calling a rental flat your “primary” home without meeting statutory tests is a common audit target. Indicative scores assume lawful qualification.
Personal-name investment
When it fits
- Straightforward buy-to-let or long hold in your own name
- Probate simplicity in your home country
- Markets that penalise corporate landlords with higher tax
Liberty Stack lens
- Default
personalcapital-gains mode - Rental tax and landlord law columns matter for cash-flow
- Liberty money for repatriating rent
Raises attractiveness
- Moderate CGT with holding-period relief
- Simple non-resident landlord registration
- No mandatory local company for foreign buyers
Lowers attractiveness
- High withholding on gross rent
- Inheritance tax on situs assets
- Probate in a foreign language when you die holding directly
Trap: Personal ownership does not shield you from where you are tax resident. Worldwide income and gains reporting may still apply.
Company holding
When it fits
- Local law requires foreigners to buy via a company
- You already run real operations in jurisdiction X and want one balance sheet
- Asset protection or succession planning (with proper advice)
- Portfolio scale where professional management is centralised
Liberty Stack lens
- Real-estate capital gains with
companyselected — often harsher than personal - Business mode on incorporation country: corp tax, exit, banking, substance, CFC
- Cross-guide: property + company
Raises attractiveness
- Low corporate tax on rental profit and gains if regime is coherent
- Deductible expenses and VAT recovery where applicable
- Separation from personal bankruptcy
Lowers attractiveness
- Double tax: company profit then dividend
- Thin capitalisation and transfer-pricing scrutiny
- Substance requirements — empty shell companies cannot bank or deduct (real economic substance)
- CFC rules in your residence country taxing passive foreign income (CFC guide)
Trap: “Offshore holdco owns Spanish flat” can trigger withholding, licensing, and anti-avoidance rules in both countries. The structure is not invisible because the registry is public.
Decision flow (indicative)
```
- Can a non-resident hold in personal name at all?
No → company (usually local) required → read Business mode for that country
Yes → continue
- Will you occupy as main home?
Yes → model primary mode + personal tax residence
No → personal vs company
- Is the hold passive rent / appreciation?
Yes → compare personal vs company CGT modes in Real-estate mode
+ CFC if company is abroad and you live in high-CFC country
- Do you need the property on an operating company balance sheet?
Yes → substance, banking, and labor scores matter — Employer profile
No → avoid mixing trading risk with real estate unless advised
- Exit and death: probate vs share transfer?
Plan both before purchase
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How Business scores interact
When property sits in a company, you are also choosing a jurisdiction of incorporation. Business mode criteria (indicative 0–10 unless noted):
| Criterion | Property relevance |
|---|---|
| Corp tax | Rental profit and sometimes embedded gain |
| Exit | Selling shares vs selling asset — different tax paths |
| Banking | Mortgage and rent collection accounts |
| Ease | Formation and annual compliance cost |
| Labor | If you employ local staff for management |
| Reputation | Bank KYC friction |
| E-gov | Registry filings for property-owning companies |
| Holding | Participations regime if parent owns propCo |
| CFC | Scored for residents of that country — flip lens to where you live |
| Enforcement | Audits on passive income, substance, transfer pricing |
Compare hubs on country pages, e.g. Malta, Cyprus, UAE, Estonia.
Common traps
Optimising purchase tax, ignoring exit tax
Stamp duty bargains can pair with punitive corporate CGT.
Using a trading company as landlord
Operational liabilities and VAT status contaminate the asset.
Ignoring land registry restrictions
Some countries allow corporate ownership only for commercial zones.
Assuming US LLC = property vehicle globally
Works in some US states; often wrong elsewhere without local advice.
No substance
Banks block rent accounts; tax authorities recharacterise income to you personally.
Using Liberty Stack Ranking
- Liberty Stack Ranking → Real-estate mode → set holding toggle to match your plan.
- Note capital-gains rank changes when switching
personal↔company. - If company path wins on paper, open Business mode for that jurisdiction with Holding or Employer profile as appropriate.
- Read methodology for data limits.
Limits
Structure choices depend on nationality, tax treaties, family law, and lender policy. This guide is educational and indicative, Verify with local lawyers and tax advisers before buying or transferring title.