Legal tip 66. To buy a fully free property: IBI tax
Tuesday, April 7, 2009 @ 11:14 AM
Your lawyer did check on loan and encumbrances on the property through the Land Registry and found it fully clean and clear now... the Local Council is asking you to pay 5000 € on old taxes! ... what taxes?
Provision 64 of the Local Taxes Act explains how property it self is liable for unpaid local property taxes due... that is why your lawyer and the Notary needs to expressly check on the status of the this tax payments. The report on this status need to be provided up to date by the Administrator of the Community of owners.
The abovementioned provision says that in the event of transmission of ownership rights of properties, the estate itself will be subject to the tax liability in a subsidiary way under the terms of the General Tax Law. It means that if the debts are not paid, the Local Council can place an embargo on the property.
For this purpose, notaries that authorise the signature of a public deed for transmission of ownership will specifically ask and warn regarding:
1. Pending IBI debts on the property.
2. Deadline for payment of the debt.
3. Liabilities involved if not paying.
Liability is jointly and severally distributed among all co-owners according to Cadastre records.
Maria
Are you now clear on Cadiz being the best province in Spain? No? We will certainly keep trying!