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13 May 2018 10:13:

I suppose it’s all relative to the scale of “problem” associated with corrupt practices and how indemic  it is and whether it causes wider harmful effects .....but not only to the citizens of the host nation ( such as impacting their economy )  or non nationals ( such as loss of life savings ) but if it has the potential to cause division, disharmony and distrust  then surely that can’t be in anyone’s favour can it?

In this case, even where the loss is to a far lesser degree in terms of scale, the lack of legal due diligence to forewarn of potential future tax burdens can result in making people sceptical and wary of reinvesting, or left feeling vulnerable as to wondering what might happen next, or distrusting of those in whom you placed your trust..... but at the end of the day it also depends on how much you care and respect your fellow man to behave relatively honourably and be trustworthy.

It appears to me that those who are of like mind in this regard, those nationals who bravely strive for solutions and changes to the status quo, are the ones who create an environment where mutual respect and trust can grow, where unfair economic activity can result in making those intent on benefitting at the expense of others, far more accountable.


This message was last edited by ads on 14/05/2018.
Thread: Extra transfer tax

11 May 2018 22:26:

It’s a difficult choice to be honest Roberto and I suppose it depends how strongly you feel about the impact of corruption and the way it can cause all manner of harm to those who witness it firsthand.

I don’t want to cause division at the end of the day or personalise for that matter, but we are all different and deal with aspects of corruption in our own way. 

To work alongside those who have similar hopes and aspirations, irrespective of what nationality they are, to try and find solutions to some uncomfortable realities but with a common goal in mind is sometimes hard when cultural differences exist, but equally enlightening when you make progress together. But this also has the potential to gain greater understanding and respect for each other’s cultural differences at the end of the day.

So I personally don’t see it as arrogance or interference to strive for solutions in a host nation....I see it as a meeting of minds with a common purpose, sincere intent to improve the status quo and in that process learn from one another.

Each to their own.


Thread: Extra transfer tax

10 May 2018 15:16:

At what point I wonder, by believing it to be standard practice, does it all become complicit in the black money culture?

Apologies in advance , as this may be distracting away from the educative purpose of this thread. ;) Perhaps best debated elsewhere.



This message was last edited by ads on 10/05/2018.
Thread: Extra transfer tax

10 May 2018 12:53:


There are also other schools of thoughts as expressed in Spanish Property Insight....


La Complementaria – Root Cause

The spike in complementarias we are witnessing as a sign of the times does not relate to buyers under-declaring (to pay in ‘B-money’), rather it is the disjointedness between the Tax Office’s outdated valuations and today’s low property prices as a result of a prolonged eight-year property slump.

This can be explained because Regional Tax Authorities use standard value tables (bases de comprobación de valores) to determine the valuation of properties; each property has assigned a fiscal value in Hacienda’s books. Property Transfer Tax is a devolved competency and Spain’s seventeen Autonomous Communities, following article 46 of the Property Transfer Tax Law (ITPAJD), are empowered to review the declared sales price recorded in the Title deed before a Notary Public. Regional Tax Offices draw a comparison between the fiscal value of the property and the declared sales price at completion. Any meaningful deviation is taxed.

These rateable values are static and are reviewed from time to time (every decade on average). This was fine so long as there was a continuous capital appreciation but when the market grinded to a halt eight years ago these tables froze in time and do not reflect accurately in most cases the overall 50% depreciation real estate assets have undergone (speaking in broad terms). So basically these rateable values the tax authorities zealously use are, at best, outdated showing in most cases top-of-the-range pre-crash valuations which are logically not in line with today’s low market values. That is why bargain hunters are receiving these letters.

If the Tax Authority detects a statistical meaningful deviation they will exact the difference in what they deemed a buyer has under-declared. In most instances this is simply not the case. Buyers have only shrewdly taken advantage of the opportunities a crashed real estate market has to offer. Albeit unbeknownst to them this draws the attention of Regional Tax Authorities which will do their best to recoup what they (wrongly) see as an under-declared sales price."


Presumably for the above reason it has now been suggested that there is a procedure to assist from the outset of purchase that MAY assist in this regard going forward.



It would appear that the "outdated" tables used by the authorities need to better reflect the realities, but until such time as this re-evaluation process takes place (which appears unlikely as it is as income generator...albeit some would suggest an unfair income generator),  then a valuation procedure at point of purchase could well assist any future challenge.

I look forward to Maria's assessment on this.


This message was last edited by ads on 10/05/2018.

This message was last edited by ads on 10/05/2018.
Thread: Extra transfer tax

10 May 2018 11:20:

Hi Roberto

It was on Spanish Property Insight


Perhaps Maria could confirm if this is a procedure to assist in the longer term?

Thread: Extra transfer tax


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