Updated 2026 · Ley 117/91 · IRE 10% · IDU 8%/15%
Buy in your own name, or through a Paraguayan SRL? For most single-home buyers, the answer is your own name.
Foreigners get full freehold in their own name with nothing more than a passport (Ley 117/91), and that is the cleanest, cheapest way to own a single residence. A Paraguayan SRL only earns its keep once you own multiple properties, run rental income, want a liability ring-fence, or are planning your estate. Setting one up costs roughly **US$ 1,500–5,000** and adds **US$ 3,000–8,600 a year** in accounting and filings, so the structure has to pay for itself before it makes sense.
The honest default
Most individual buyers just use their own name
A foreigner can hold title to Paraguayan real estate directly, in their own name, with the same rights as a citizen — no residency, no local partner, no nominee, no company. The right is statutory: Ley 117/91 guarantees foreign investors equal treatment with nationals, and title is inscribed in your personal name at the Dirección General de los Registros Públicos (DGRP) (Ley 117/91).
For a single home, a weekend place at the lake, or one apartment you intend to live in or hold long, direct ownership wins on almost every axis: zero setup cost, no annual accountant, no corporate filings, and a faster close. There is no Paraguayan tax penalty for owning real estate personally — you still pay the same 1% Impuesto Inmobiliario on fiscal value and the same closing costs you would pay buying into a company.
Verdict: if you are buying one property to live in or hold, own it in your own name and skip the SRL entirely.
What an SRL is
What a Paraguayan SRL actually is
An SRL — *Sociedad de Responsabilidad Limitada* — is Paraguay's standard limited-liability company, the local equivalent of an LLC. It needs at least two shareholders (called *socios*), and there is no minimum capital requirement, unlike an SA (usemultiplier — company registration). Foreigners can own 100% of the shares; you do not need a Paraguayan partner. One requirement that catches people out: at least one legal representative must be resident in Paraguay for service of notices.
The company is a separate legal person. It owns the property; you own the company. That single fact is what unlocks the liability, multi-owner, rental-routing and succession use cases below — and it is also what creates the cost and paperwork. An SRL files annual income-tax returns and monthly IVA (10%) declarations, keeps formal accounting books, and maintains a beneficial-ownership (UBO) register (commenda — annual compliance).
Worth knowing: since Ley 6480/2019 Paraguay also has the EAS (*Empresa por Acciones Simplificada*), which allows a single shareholder and can be incorporated online through SUACE, often faster and cheaper than an SRL (Wolters Kluwer — Ley 6480). For a solo foreign buyer who wants a corporate wrapper, the EAS frequently makes more sense than an SRL — it sidesteps the two-shareholder rule. We model both before you commit.
Side by side
Own name vs SRL, head to head
The comparison below is the version we walk clients through. Read the right-hand column as "reasons to incur cost and paperwork" — if none of them apply to you, the left column is your answer.
Verdict: the SRL buys you a liability wall, multi-owner clarity, cleaner rental accounting and an easier estate transfer — pay for it only when you actually need one of those.
| Factor | Own name | Paraguayan SRL |
|---|---|---|
| Who can buy | Any foreigner, passport only (Ley 117/91) | Any foreigner; 100% foreign ownership allowed |
| Owners | 1 (or joint with spouse/partner) | 2+ shareholders (EAS allows 1) |
| Setup cost | US$ 0 beyond the purchase itself | ~US$ 1,500–5,000 |
| Setup time | Same as the purchase close | Weeks (SRL) / ~1–2 weeks (EAS) |
| Annual cost | Property tax only | ~US$ 3,000–8,600 accounting + filings |
| Liability | Personal — you are the owner | Ring-fenced to the company's assets |
| Rental income | Personal IRP (8–10%) | IRE 10%, then IDU on distribution |
| Estate transfer | Judicial succession on the property | Transfer of shares (often simpler) |
| Best for | A single home you live in or hold | Portfolios, rentals, partners, estate |
Liability
When the liability ring-fence is worth paying for
An SRL caps your exposure at the company's assets. If the property is commercial, tenanted, under construction, or otherwise carries a real chance of a claim — a tenant injury, a contractor dispute, an environmental issue on rural land — holding it inside a company means a judgment hits the company, not your personal bank accounts and other assets.
For a single owner-occupied home, this is mostly theoretical and rarely worth US$ 3,000+ a year. The risk that justifies the wall climbs with: the number of tenants, whether you run short-term rentals at volume, whether the asset is income-producing commercial, and whether you are doing pre-construction or development where contractor liability is live.
Verdict: ring-fence income-producing or higher-risk assets in an SRL; don't bother for a home you live in.
Multiple owners
Two or more buyers? The SRL is usually cleaner
If you are buying with a business partner, a group of investors, or family members who are not your spouse, holding the property as named co-owners on a single title gets messy fast — every sale, refinance or buy-out needs every name to sign, and a falling-out can freeze the asset.
An SRL converts that into shares. Ownership percentages are explicit, a partner can be bought out by transferring shares rather than re-deeding the property, and the company's statutes can set rules for decisions, distributions and exits up front. For a two-to-five-person investment group this alone often justifies the structure. For a married couple, by contrast, joint personal title is simpler and Paraguay's marital-property regime already handles the split.
Verdict: 3+ unrelated owners → SRL; a couple → joint personal title.
Rental routing & tax
Routing rental income — personal vs corporate
Rental income earned in Paraguay is Paraguay-source and is taxed locally either way; the territorial regime that zero-rates *foreign* income does not apply to rent from a Paraguayan property.
Held personally, rent is taxed under IRP (Paraguay's personal income tax, 8–10%) plus IVA at 5% on residential leases (GoParaguay — tax system, PwC — other taxes). Held in an SRL, net rental profit is taxed at the flat IRE 10%, and you only pay dividend tax — IDU 8% if you are a Paraguay tax resident, 15% if non-resident — when you actually distribute profit out of the company (PwC — corporate income).
The corporate route lets you deduct real expenses (management, repairs, depreciation, interest) against rental income cleanly and defer the dividend layer by reinvesting. That matters when you own several units; it is overkill for one apartment netting a few hundred dollars a month, where the accountant's fee eats the benefit.
Verdict: a single rental → keep it personal; a portfolio of rentals → an SRL's deductions and deferral usually win. Model the actual numbers — cross-reference net-yield reality on moveparaguay.com before assuming the company pays off.
Succession
Succession: property vs shares
Paraguay has no inheritance tax and no wealth tax — a genuine estate-planning advantage (global property guide — inheritance). But the *process* matters. There is no notarial succession here: real estate owned personally by a deceased person must pass through a judicial succession (*juicio sucesorio*) before a Civil and Commercial Court judge, which is slow and costs lawyer and court fees. Heirs have one year from the death to file.
When the property sits inside an SRL, what your heirs inherit is shares, and transferring or pre-assigning company shares can be markedly simpler and faster than running a property through the courts — especially for foreign heirs who would otherwise have to litigate succession in a Paraguayan court from abroad. A company also lets you plan distributions and quotas across heirs in advance.
Note that Paraguayan succession law applies to Paraguay-located real estate regardless of your nationality, and forced-heirship rules apply; a local will and a structure designed together are how this is handled. Verdict: if you hold several properties or have heirs abroad, an SRL can spare them a Paraguayan probate — worth costing into the decision.
Setup reality
What it costs and how long it takes
Forming an SRL means a lawyer and a notary: drafting the company statutes, signing the public deed (*escritura pública* under Ley 1307/87), registering with the DGRP and the tax office (SET), publishing in the official gazette, and getting a RUC tax number. All-in, expect roughly US$ 1,500–5,000 depending on who you use and the share capital, and weeks rather than days — the public deed still needs a wet signature or a power of attorney, which is the usual bottleneck for buyers who aren't yet in the country.
Notarial and registry fees alone typically run PYG 3,000,000–6,000,000 (about US$ 410–820), with gazette publication adding around PYG 1,500,000 (~US$ 205) (jarniascyril — Paraguay company guide 2026). Then the company has to be kept alive: monthly bookkeeping, annual IRE returns, IVA filings, and — once gross turnover passes about US$ 1.3 million a year — a mandatory external audit (commenda — annual compliance).
If you want a corporate wrapper but only one owner and a faster, cheaper path, the EAS registers online via SUACE in around 1–2 weeks (escalada — open an EAS). Verdict: budget the upkeep, not just the setup — an idle SRL holding one home is pure cost.
When SA or branch fits
When you'd reach for an SA or a branch instead
An SRL is the right corporate form for the overwhelming majority of foreign property buyers who need a company at all. You step up to a Sociedad Anónima (SA) — Paraguay's full corporation with shares — when you are raising outside capital, taking on many or changing investors, or running an operating business at scale where transferable shares and a board matter. Larger institutional deals (think US$ 5m+ developments, or a project applying for tax incentives under Ley 60/90) often sit in an SA.
A branch of a foreign company is for an existing overseas entity that wants to operate in Paraguay directly rather than create a new local company. It is rarely the right vehicle for a foreign individual buying a home or a couple of rentals — it carries home-entity exposure and heavier reporting.
Verdict: SRL for the property buyer, EAS for the solo buyer, SA only when you're raising capital or running at scale. For the commercial and incentive side of this, see our commercial mandate.
FAQ
Ownership-structure questions buyers ask
Do I need a company to buy property in Paraguay as a foreigner?
No. Foreigners can hold title directly in their own name with **only a passport** and the same rights as citizens (**Ley 117/91**). No residency, no local partner, no company required. For a single home, your own name is the recommended default.
When does a Paraguayan SRL actually make sense for property?
When you own **multiple properties**, run rental income at volume, are buying with partners, want a liability ring-fence on income-producing or higher-risk assets, or are planning your estate. For one home you live in, it rarely earns back its **~US$ 3,000–8,600/year** upkeep.
How much does it cost to set up an SRL in Paraguay?
Roughly **US$ 1,500–5,000** all-in for legal and notarial work, plus registry and gazette fees of about **PYG 3,000,000–6,000,000 (~US$ 410–820)**. Setup takes weeks, mostly waiting on the public-deed signature or a power of attorney.
Can a foreigner own 100% of a Paraguayan SRL?
Yes — **100% foreign ownership** is allowed and no Paraguayan partner is required. An SRL needs **at least two shareholders**, but both can be foreign. At least one legal representative must be resident in Paraguay for service of notices.
What is the EAS and is it better than an SRL?
The **EAS** (Empresa por Acciones Simplificada, Ley 6480/2019) allows a **single shareholder** and incorporates online via SUACE in about **1–2 weeks**, usually cheaper than an SRL. For a solo foreign buyer wanting a corporate wrapper, the EAS is often the better fit because it skips the two-shareholder rule.
How is rental income taxed — personally vs in an SRL?
Held personally, rent is taxed under **IRP (8–10%)** plus **5% IVA** on residential leases. Held in an SRL, net profit is taxed at flat **IRE 10%**, with dividend tax (**IDU 8%** resident / **15%** non-resident) only when you distribute. The company lets you deduct expenses and defer — worth it for a portfolio, not one unit.
Does putting property in an SRL change my closing costs or property tax?
No. You pay the same **~3% ITI transfer tax**, the same notary fees (**Ley 1307/87**), and the same **1% annual Impuesto Inmobiliario** on fiscal value whether you buy personally or through a company. The SRL adds ongoing accounting cost, not a closing penalty.
Can I avoid transfer tax by selling the SRL's shares instead of the property?
Selling shares avoids the property-transfer mechanics and IVA, but a corporate gain on the underlying asset is still taxed under **IRE at 10%**, and Paraguay's tax authority scrutinises share sales that are really property sales. Treat this as a real-planning question for your escribano and tax adviser, not a loophole.
Is an SRL better for passing property to my heirs?
Often yes. Personally-held real estate must go through a **judicial succession** (no notarial probate in Paraguay), which is slow and costly. Inheriting **shares** in an SRL can be simpler, especially for heirs abroad. Paraguay has **no inheritance or wealth tax** either way, but the process differs.
When should I use an SA or a branch instead of an SRL?
Use a **Sociedad Anónima (SA)** when raising outside capital, taking on many investors, or running at scale (often **US$ 5m+** projects or **Ley 60/90** incentive deals). A **branch** suits an existing foreign company operating directly. Neither is usually right for an individual buying a home or a few rentals.
— SOURCES
- Ley 117/91 — Inversiones (foreign-investor equal treatment / full freehold) ↗
- Ley 1307/87 — notarial (escribano) fee schedule ↗
- Wolters Kluwer — Paraguay EAS (Ley 6480/2019, simplified-shares company) ↗
- PwC Worldwide Tax — Paraguay corporate income tax (IRE 10%, IDU 8%/15%) ↗
- PwC Worldwide Tax — Paraguay other taxes (IVA, ITI, property tax) ↗
- GoParaguay — Paraguay tax system & 2026 rates (IRP, IVA on leases) ↗
- Commenda — Paraguay company reporting & annual compliance (audit threshold, UBO) ↗
- Jarnias & Cyril — Paraguay company formation guide 2026 (registry/gazette fees) ↗
- Escalada — open an EAS in Paraguay (SUACE, ~1–2 weeks) ↗
- Global Property Guide — Paraguay inheritance & succession ↗
- Move Paraguay — buying property as a foreigner (sister-site reference) ↗
Not sure if you need an SRL? We'll model both before you buy.
Most of our buyers close in their own name and never need a company. For the ones who do — partners, a rental portfolio, an estate to plan — we run the numbers on direct ownership vs an SRL or EAS, with our partner law firm and tax adviser, before any offer goes in. Send a brief and we'll tell you which structure actually fits.