TravelTalkOnline Forums Travel and Vacation Forums St. Maarten - St. Martin SXM - Buying property residency - what are rules?

Can one buy a condo on either side without obtaining residency? If so, what is the maximum stay at that property? Can you just fly back to U.S. for a day or take a cruise from SXM for a week and return and reset the clock?
Are the answers different for French and Dutch sides?

You can buy a condo without residency.
The rest are residency rules. We never had a problem but
friends of ours who owned a condo did get stopped at Dutch side immigration.

Property ownership on the Dutch side is easy. You can stay 90 days per year if not a resident. To become a resident you must eat 40 hamburgers in 3 weeks! haha just kidding you have to apply for residency and prove you can support yourself.

What happened to friendship treaty ? DJ <img src="http://www.traveltalkonline.com/forums/images/graemlins/usflag.gif" alt="" />

Thanks for the replies. Is the 90 day rule true for both sides. Is that 90 days total or 90 days straight and can actually be more if broken up?

If 90 days is a total, that would make buying a place not to bright.

You may want to read "A Beach Less Traveled" a true story. Very enlightening.

90 days on the dutch side... 90 days within one year. If you invest in property over 250k and apply for residency it should be no problem. <img src="http://www.traveltalkonline.com/forums/images/graemlins/handshake.gif" alt="" />

US citizens can stay six months uninterrupted and that can be extended. Canadians only three. Thats for the Dutch side. Both the French and Dutch governments have information on their web sites. Any realtor on the island also has the information you need.

I was wrong. I found the sintmaartengov .org website. Thanks!
Americans duration of stay is 6 months.

No problem. Like a broken clock I'm right at least a couple of times a day.
Cheers <img src="http://www.traveltalkonline.com/forums/images/graemlins/handshake.gif" alt="" />

we are more likely interested in the French side and of course must transit through the dutch side. So we've made multiple visits to sxm in a year. Does somebody really add up the number of days to ensure less than 180 or are they more focused on single durations exceeding 180? <img src="http://www.traveltalkonline.com/forums/images/graemlins/dine.gif" alt="" />

I know less on this topic. I would seek advice from your real estate broker. It is confusing because the island is shared between St. Martin and St. Maarten. The airport is where most would arrive to St. Maarten and if you stay on the French side your passport is stamped on the Dutchside. Too confusing for me. Good Luck! <img src="http://www.traveltalkonline.com/forums/images/graemlins/smashpc.gif" alt="" />

Sound advice. Logic dictates if you have property on the French side you need to mindful of the rules there. Don't go down the road of who's checking, follow the rules(not suggesting you are thinking otherwise) and you'll never have to look over your shoulder. There is a "substantial presence rule" in almost every tax code and you need to be mindful of that.
I do have experience with this being a US citizen owning property in Canada.
Good luck and Cheers

That raises another question. If we are just visitors for less than 180 days, does that trigger any kind of French side taxes other than real estate related taxes.....I'm certainly not interested in paying income taxes. <img src="http://www.traveltalkonline.com/forums/images/graemlins/Yikes.gif" alt="" /> <img src="http://www.traveltalkonline.com/forums/images/graemlins/Yikes.gif" alt="" />

Honestly, I'm not sure anyone here knows the answer to your question. Better to consult a real estate agent AND an attorney that knows French side laws.. But definitely start with a real estate agent. Several years ago, I know that most Americans purchased property on the Dutch side because of the high taxes on the French side. I don't have any idea whether that is still the case or not. Personally, if you really are interested, suggest you contact a real estate agent, or two, for some advice.

More sound advice however what is known as an Expert-Comptable which is the French equivalent of a US CPA will have the answers to your tax questions more readily than an ordinary attorney ( with apologies to all you learned counsels out there) been there! The realtor is the place to start.
Again good luck and Cheers

Could be, but is a CPA going to know the residency rules?? Don't know. Regardless, better to get real professional advice, versus people here who are probably only guessing at answers..

183 days is the magic number in regards to being a french resident for income taxes. Check out this site. It has some good info.

Thanks, good website. I'd hate to buy a place and actually be able to spend the better part of some year and not be able to without triggering a big PITA. All this border stuff is complicated. I guess we want some form of control for our country but it would sure be nice if there was no control if wanting to go somewhere else. I guess that's how all the folks trying to get here feel.

Guess we need a partner for the other six months to make anything logically viable. Hope they like hurricane season.