Permuta with compensation: how it is valued, declared and deeded
The swap with money on top is the most common form of permuta today. How to set the compensation, how it is taxed, and why every peso belongs in the deed.
A clean permuta — house for house, nothing else — is rare, because two homes almost never have the same value. What actually happens is a permuta with compensation: the party receiving the more valuable home makes up the difference in money. In Cuban usage that money is the vuelto, and it has been fully legal since Decree-Law 288 of 2011 allowed compensation to be agreed and declared.
It is the instrument that solves the hardest problem in this market: moving house when there is no mortgage credit. This guide covers how to arrive at the compensation figure, how it is taxed and what has to appear in the deed.
Why the swap-plus-money beats a sale-then-purchase
Anyone who sells in order to buy spends a period holding cash and no home, in a market where the property they want can be gone in a week and where holding a large sum in cash is a risk in itself. In a permuta, both moves happen in the same act: two deeds, one moment, nobody left in between.
It also lowers the amount of cash that has to change hands. Instead of the full price of a home, only the difference between two homes moves — which, in a country with no mortgage lending, is frequently the difference between a transaction that is possible and one that is not.
Setting the compensation
The compensation is simply the gap between the market values of the two homes, and the whole negotiation reduces to agreeing those two values. The mistake to avoid is comparing homes against each other directly — "mine is bigger than yours" — instead of comparing each one against its own market.
Value each home separately, in the same currency, against listings of similar properties in its own zone: same municipality or neighbourhood, similar bedrooms and bathrooms, similar construction condition. Then subtract. Our price calculator gives the median of comparable listings for each zone, which is the closest thing to a neutral reference either party will find.
- Value home A against comparable listings in its zone.
- Value home B against comparable listings in its zone.
- Adjust each for condition, water supply, garage and legal status.
- The compensation is the difference — in one currency, stated explicitly.
- Agree who pays what of the taxes and fees before going to the notary.
How it is taxed
A permuta is subject to the Tax on the Transmission of Property and Inheritances, at 4%. Since Law 187 "On Housing", in force from 21 October 2026, the base is the home’s cadastral value, and in a permuta with compensation the party receiving the money adds it to that base (article 203.2 of Law 113, as amended).
The cadastral value is proved by the cadastral certificate, which the owner of each home requests from the Municipal Directorate of Territorial and Urban Planning. Both parties should have both certificates before agreeing anything: they are known numbers, and they drive the bill. The payment is credited when the deed is formalised before the notary.
| Party | Receives | Tax base | Rate |
|---|---|---|---|
| Permutante A | The more valuable home | Cadastral value of the home received | 4% |
| Permutante B | The less valuable home + compensation | Cadastral value of the home received plus the declared compensation | 4% |
Everything goes in the deed
This is the part where permutas with compensation go wrong. The temptation to leave the money out of the deed — to save on tax, or simply because "we trust each other" — creates a transaction in which one party has handed over a substantial sum with no legal record that it was ever paid.
If the compensation is not in the deed, it does not exist for any purpose that matters: not for the tax authority, not for a court, not for the buyer of either home three years from now. Declare the amount, the currency, when it is paid and how, and have the notary reflect it.
- The full identification of both homes, matching their technical descriptions.
- The value attributed to each home.
- The amount of the compensation, its currency and the terms of payment.
- Any conditions — dates of handover, what stays in each home.
- Confirmation that both properties are free of liens, per the Registry certificates.
Before you sign: the same checks as a purchase
You are acquiring a home, so verify it exactly as you would in a purchase: an up-to-date ownership and liens certificate for the other property, a resolved inheritance if there was one, a technical description that matches the building, and a physical inspection of the house itself, more than once.
Verify the other party too. Their identity document must match the registered owner, and if they act for someone else, the power of attorney has to be original and specific. Everything that protects a buyer protects a permutante, for the same reasons.
Multiple permutas
Chains of three or more families swapping in sequence still exist, and they resolve situations no simple swap can. They are also harder to hold together: every additional party is another set of documents to verify, another value to agree and another person whose circumstances can change before signing day.
If you are in a chain, insist that all the deeds are signed in the same act. A chain that executes in stages leaves whoever moves first exposed to the whole thing collapsing behind them.
Frequently asked questions
- Is the vuelto legal?
- Yes. Compensation in a permuta has been legal since Decree-Law 288 of 2011, and Law 187 "On Housing" expressly keeps it in its article 97. It is declared in the notarial deed like any other term of the transaction.
- How much tax is paid in a permuta with compensation?
- Each party pays 4% on the cadastral value of the home they acquire, and the party who also receives money adds the declared compensation to that base. The tax is settled before the notary at signing.
- What if we do not declare the compensation?
- Beyond the tax exposure, the party who paid has no legal record of having paid. If the transaction is later disputed, the deed is the evidence — and a deed that says the swap was clean says the money was never handed over.
- Can I do a permuta with someone living abroad?
- The owner must be able to hold property under Law 187 "On Housing", which since 21 October 2026 does not require Cuban citizens to live on the island. They can act through an attorney-in-fact holding a notarised power of attorney, and the deed is signed before a notary in the province where the homes are located.
Sources
- Decree-Law No. 288 of 2011, amending the General Housing Law — permuta with monetary compensation between private individuals (repealed by Law 187).
- Law No. 187 "On Housing" (Official Gazette No. 86 Ordinary of 14 October 2026, in force since 21 October 2026) — article 97 and Fourth Final Provision, amending article 203 of Law 113.
- Law No. 175 "On the Notariat" of 2025 — deed of permuta.
Keep reading
What is the "permuta" in Cuba and how does it work today?
The home exchange that marked generations of Cubans is still alive: what a permuta is, when it makes sense and how it is legalized.
Read guideTaxes when buying or selling a home in Cuba
Who pays what, which value the 4% is calculated on since Law 187 — the price or the cadastral value — and when it is paid.
Read guide