#

Ease of Doing Business in

Fiji

Fiji Download Profile (1740.7KB, pdf)
Region East Asia & Pacific
Income Category Upper middle income
Population 892,145
GNI Per Capita (US$) 4,800
City covered Suva

190

1

DB 2017 Rank

1

100

DB 2017 DTF (% points)

  • local_library
  • group
Topics DB 2017 Rank DB 2016 Rank info_outline Change in Rank DB 2017 DTF (% points) info_outline DB 2016 DTF (% points) info_outline Change in DTF (% points) info_outline
Overall 97 84 down
13
60.71 62.47 down
1.76
Starting a Business 159 166 up
7
73.13 68.18 up
4.95
Dealing with Construction Permits 101 100 down
1
67.88 67.85 up
0.03
Getting Electricity 82 79 down
3
71.92 71.26 up
0.66
Registering Property 55 55
-
71.86 71.86
-
Getting Credit 157 78 down
79
25.00 50.00 down
25.00
Protecting Minority Investors 106 108 up
2
50.00 48.33 up
1.67
Paying Taxes 110 108 down
2
67.55 67.46 up
0.09
Trading across Borders 75 76 up
1
77.57 77.57
-
Enforcing Contracts 86 84 down
2
58.44 58.44
-
Resolving Insolvency 90 87 down
3
43.75 43.76 down
0.01

Positive= Doing Business reform making it easier to do business.Negative= Change making it more difficult to do business.

DB 2017 Rank:

55

DB 2016 Rank:

55

Change in Rank:

0

DB 2017 DTF (% points):

71.86

DB 2016 DTF (% points):

71.86

Change in DTF (% points):

0.00

STANDARD PROPERTY TRANSFER
Property value FJD 486,441
City Suva
Indicator Fiji East Asia & Pacific OECD high income
Procedures (number) info_outline 4 5.4 4.7
Time (days) info_outline 69 74.4 22.4
Cost (% of property value) info_outline 3 4.5 4.2
Quality of the land administration index (0-30) info_outline 19.5 13.4 22.7
  • Measure of efficiency
    No. Procedure Time to Complete Associated Costs
    1

    Carry out titles searches at the Titles Office

    Agency: Office of the Registrar of Titles

    The title search is carried out in the Office of the Registrar of Titles manually. Counter clerks perform search of needed information through volumes of data. The originals are never given, the counter clerks photocopy the originals and charge only for making copies (around 50-60 cents). The Procedure takes between a couple of hours and up to several days if the necessary document got lost or replaced in the archives.

    1 day 60 cents per copy
    2

    Present transfer documents for stamping at the Stamp Duties Office and pay stamp duty

    Agency: Stamp Duties Office

    The transfer documents are submitted together with copies of the title for stamping and payment of 3.0% tax at the Stamp Duties Office which is based within the Fiji Revenue and Customs Authority (FRCA) office.

    7 days (simultaneous with Procedure 3) 3.0% of property value (stamp duty)
    * 3

    The seller submits documents to FRCA to obtain the Capital Gains Tax Clearance Certificate

    Agency: Fiji Revenue and Customs Authority (FRCA)

    The seller needs to register and obtain a Capital Gains Tax Clearance Certificate from FRCA confirming either that CGT has been paid, or satisfactory arrangement for payment of the tax has been made, or no tax is payable. The seller needs to submit the following documents:

    a) CGT Declaration form (which is available at the following link from the FRCA website: http://www.frca.org.fj/docs/forms/2011/IRS228%20CGT%20Statutory%20Declaration.pdf)
    (b) CGT Return form (which is available at the following link from the FRCA website: http://www.frca.org.fj/docs/forms/2011/IRS230-CGT%20Return.pdf)
    (c) copy of the certificate of title
    (d) copy of the last registered transfer of the subject property in favour of the seller
    (e) copy of the stamped transfer of the property from the seller to the buyer

    It would be advisable to attach documentary evidence of all claims in respect of the ‘cost of the property’ so that there is timely processing of the application for CGT Clearance Certificate by FRCA. Where documentary evidence is not available, letters could be written or statutory declarations could be provided to FRCA to explain the reasons for non-availability of the required documents. This would assist FRCA to process and issue of the CGT Clearance Certificate.

    Where CGT is payable and the seller does not have the funds to pay the CGT, arrangements could be made with FRCA for issue of the CGT Clearance Certificate based on an undertaking from the seller’s lawyer to FRCA to the effect that the lawyer will hold the sale proceeds in the trust account and will pay the CGT to FRCA before paying the balance sale proceeds to the seller.

    7 days (simultaneous with Procedure 2) no cost
    4

    Settlement takes place at the Registrar of Titles Office

    Agency: Office of the Registrar of Titles (ROT)

    Parties meet at the Registrar of Titles Office for settlement. They first double check encumbrances on the property and then exchange the titles for the payment. When this formality is accomplished, they submit the transfer documents for registration. The registration fee (FDJ 11.5 for properties over FDJ 100,000 + VAT of 15.0%) is paid. The Registrar of Titles must not register an instrument for the transfer of a capital asset unless the seller or the purchaser furnishes the Registrar with a CGT Clearance Certificate confirming that CGT has been paid or satisfactory arrangement for payment of the tax has been made or no tax is payable. It is possible that some new mortgages might still be in "the pipeline" and are not yet recorded on the property at the settlement (the mortgage has been submitted in the registry, but it has not been inscribed yet). To avoid finding later about a mortgage on the property, it is possible to request a "guaranteed search" (under section 30, 31 and 32 of the Land Transfer act) where the registry checks and certifies that there are no other mortgages registered. Under the Land Transfer Act Amendment Decree No. 34 of 2011, the Registrar of Titles now requires certified copies of any one of the following Identifications of both parties to be lodged with the Transfer: (a) letter from FRCA confirming the Tax Identification Number (for individuals and companies) or
    (b) certified true copy of the Certificate of Incorporation or Certificate of Name Change (for companies only) or
    (c) Passport bio data page (for individuals only) or
    (d) Driving licence (for individuals only).

    60 days FJD 11.50

    * Takes place simultaneously with previous procedure.

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 19.5
    Reliability of infrastructure index (0-8) 4.0
    What is the institution in charge of immovable property registration? Registrar of Titles
    In what format are the majority of title or deed records kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Paper 0.0
    Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions and the like)? No 0.0
    In what format are the majority of maps of land plots kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Computer/Fully digital 2.0
    Is there an electronic database for recording boundaries, checking plans and providing cadastral information (geographic information system)? Yes 1.0
    Is the information recorded by the immovable property registration agency and the cadastral or mapping agency kept in a single database, in different but linked databases or in separate databases? Separate databases 0.0
    Do the immovable property registration agency and cadastral or mapping agency use the same identification number for properties? Yes 1.0
    Transparency of information index (0–6) 1.5
    Who is able to obtain information on land ownership at the agency in charge of immovable property registration in the largest business city? Anyone who pays the official fee 1.0
    Is the list of documents that are required to complete any type of property transaction made publicly available–and if so, how? No 0.0
    Link for online access:
    Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in the largest business city made publicly available–and if so, how? No 0.0
    Link for online access:
    Does the agency in charge of immovable property registration commit to delivering a legally binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? No 0.0
    Link for online access:
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration? No 0.0
    Are there publicly available official statistics tracking the number of transactions at the immovable property registration agency? No 0.0
    Number of property transfers in the largest business city in 2015:
    Who is able to consult maps of land plots in the largest business city? Anyone who pays the official fee 0.5
    Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? Yes, in person 0.0
    Link for online access:
    Does the cadastral or mapping agency commit to delivering an updated map within a specific time frame—and if so, how does it communicate the service standard? No 0.0
    Link for online access:
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the cadastral or mapping agency? No 0.0
    Geographic coverage index (0–8) 8.0
    Are all privately held land plots in the economy formally registered at the immovable property registry? Yes 2.0
    Are all privately held land plots in the largest business city formally registered at the immovable property registry? Yes 2.0
    Are all privately held land plots in the economy mapped? Yes 2.0
    Are all privately held land plots in the largest business city mapped? Yes 2.0
    Land dispute resolution index (0–8) 6.0
    Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? Yes 1.5
    Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5
    Is there a specific compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? No 0.0
    Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., checking the compliance of contracts with requirements of the law)? Yes 0.5
    If yes, who is responsible for checking the legality of the documents? Lawyer.
    Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5
    If yes, who is responsible for verifying the identity of the parties? Registrar; Lawyer.
    Is there a national database to verify the accuracy of identity documents? Yes 1.0
    For a standard land dispute between two local businesses over tenure rights of a property worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? High Court
    How long does it take on average to obtain a decision from the first-instance court for such a case (without appeal)? Between 1 and 2 years 2.0
    Are there any statistics on the number of land disputes in the first instance? No 0.0
    Number of land disputes in the largest business city in 2015:
    Equal access to property rights index (-2–0) 0.0
    Do unmarried men and unmarried women have equal ownership rights to property? Yes 0.0
    Do married men and married women have equal ownership rights to property? Yes 0.0