Selling Property in Tunisia and Transferring the Price Abroad: Prepare the Foreign-Exchange File Before Completion

1. Start with resident/non-resident status, not nationality alone

Tunisian exchange law relies heavily on the legal status of resident or non-resident. Tunisian citizenship alone does not determine the full exchange regime.

The seller’s status should be classified before the payment path is agreed.

2. How did the seller acquire the property?

Purchase funded by imported foreign currency, local funding, inheritance, gift, partition or corporate investment create different documentary histories.

A person who personally imported the original purchase funds is not necessarily in the same position as an heir.

3. Investment funded by imported currency

Within the applicable exchange framework, Tunisian rules recognise mechanisms for transferring net real proceeds and capital gain from disposal of capital previously invested through imported foreign currency, subject to the governing conditions.

Bank transfer evidence, investment certificates/declarations where applicable, acquisition deed and tax documents therefore matter.

4. Central Bank Circular No. 2018-14

The Circular regulates non-resident investments, including certain real-estate and financial operations, and the related declarations/documentation through authorised intermediaries.

For a recent investment, the exit file should build on the traceability created at entry. For an older or poorly documented investment, the available proof and any lawful regularisation route should be investigated.

5. Inherited property

An heir may never have imported the currency used to purchase the property. Title comes through succession.

The file should therefore start with heirship, chain of title, the heir’s exchange status and the documents requested by the authorised intermediary rather than mechanically applying the original-investor checklist.

6. The disposal itself may engage exchange rules

For certain non-resident/foreign operations, exchange regulation also covers acquisition or disposal of real-estate rights and resulting transfers. The current authorisation or declaration requirements should be checked at the date of the transaction.

7. The bank is not merely executing a contractual instruction

An authorised intermediary must review the nature of the transaction, documents and its compliance obligations. A sale agreement stating that the price “will be transferred to France” does not by itself make the bank file acceptable.

8. Tax comes before the transfer calculation

Taxes and registration consequences depend on the law in force at the sale date. Annual finance laws may change the position, so a website article should not freeze a universal rate.

The realistic transferable amount is assessed after the seller’s tax obligations are identified.

9. Speak to the intermediary before signing

Clarify receiving account, supporting documents, currency, any authorisation/declaration, allocation among several sellers and tax evidence.

This does not amount to a final advance bank approval; it is an early document check.

10. Missing historic documents

Loss of an old investment certificate does not necessarily invalidate the sale. Separate the sale from the transfer file and attempt to reconstruct evidence through bank records, contracts, registration material or other lawful sources.

11. Avoid informal workarounds

A documentation problem should not be “solved” by undeclared cash, opaque set-off or parallel payment. That may convert a documentary difficulty into an exchange-law offence or payment dispute.

12. Pre-sale file

title and current land status;

source of ownership;

exchange status;

available investment/funding evidence;

intended bank account and payment route;

preliminary tax review;

intermediary’s document checklist.

Practical case 1: non-resident bought with imported currency

A documented banking trail supports the sale/transfer file, subject to current tax and exchange formalities.

Practical case 2: Tunisian resident in France inherited the property

The file starts with succession and the heir’s status rather than proof of a purchase transfer made by that heir.

Practical case 3: funds already received, old papers missing

Identify precisely what the bank requires and reconstruct or regularise lawfully rather than bypassing the system.

Frequently asked questions

Are proceeds automatically transferable because I live abroad?

No. Exchange status, source of title, tax and documentary requirements must be checked.

Does nationality decide the exchange regime?

No. Resident/non-resident status is a central separate concept.

What if the property was inherited?

Inheritance has its own documentary basis and should not be treated exactly like a personally funded investment.

Can I sell first and solve the transfer later?

Sometimes the sale may proceed, but this can increase the risk of blocked funds. Advance preparation is preferable.

Why is there no fixed tax rate in this article?

Because tax rules may change with finance laws and depend on the actual transaction.

Legal and Administrative References

• Tunisian foreign-exchange and foreign-trade regulations, including Decree No. 77-608 as amended.
• Central Bank circulars, including Circular No. 2018-14 where applicable to non-resident investment.
• Tax legislation and the Finance Law in force for the year of disposal.
• Registration and stamp-duty legislation.
• Tunisian Code of Rights in Rem and land-publicity rules.

Update Note

Mandatory annual review and a new check at the date of every actual sale.