Expenses when selling in Spain

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13 Feb 2017 12:23 PM by mariadecastro Star rating in Algeciras (Cadiz). 9354 posts Send private message

Legal Questions? Speak to Maria Direct

1.- Capital Gains Tax: http://www.agenciatributaria.es/AEAT.internet/Inicio_en_GB/English/Non_residents/Non_resident_Income_Tax/Non_resident_Income_Tax/Non_residents_with_no_permanent_establishment/Basic_taxation_issues/General_system_for_taxation_of_capital_gains.shtml

The buyer needs to pay 3% of property price into the Local Tax Office ( using model 211). After sending a copy of this payment to the seller, this can claim any excess within 3 months, using model 212 before Local Tax Office. There is three months to bring the clain to the Treasure.

2.- Plusvalia:

 (Local Capital Gains Tax) named in spanish Impuesto sobre el Incremento del Valor de los Terrenos de Naturaleza Urbana is a municipal tax on the increase in the value of the urban land since the last recorded transfer

The tax obliged is the buyer.

Taxable amount or based is obtained by applying a rate, different for each municipality, to the value of the property at the time of the transfer, the number of years that the previous owner had the house is also taken into consideration.  The more years the less tax burden.

 

There is a tax relief if you reinvest money from the sale of an urban house into another main address, the relief will consider the amount of reinvested money. 

 

It must be paid within 30 days from the signature of the sales deed, or within 6 months in case of inheritance.

 

3.- Notary and Registry expenses: Unless agreed differently. Notary costs are to be paid by seller but one copy of the deeds which will be paid by the buyer. Buyer will pay Registry expenses

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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13 Feb 2017 3:58 PM by Roberto Star rating in Torremolinos. 4545 posts Send private message

Roberto´s avatar

"There is a tax relief if you reinvest money from the sale of an urban house into another main address"

Maria, you say this under the heading of Plus Valia. I thought this applied to Capital Gains Tax, not the Plus Valia?? Also, surely this relief is not available for non-residents, since the money will (by definition) not be re-invested in "another main address", nor was the sold property a "main residence"?

I would be interested in your opinion, though, on the relief for re-investing the sale funds in another main residence, in the case that the seller is currently a fiscal resident in Spain (so no 3% retention), but then re-invests the funds in a new main residence in another EU country because he is moving to that country permanently. Is the relief still applicable, since the seller will become a non-resident of Spain when he buys his main residence in another country? I have received conflicting views on this. What do you think?

 



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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13 Feb 2017 7:32 PM by newworld Star rating. 940 posts Send private message

And dont forget the 5% commision many agents charge for selling in and around Murcia





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