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Index of Articles:

Civil Law

1. Electronic Signature
2. Right to Claim: A Matter of Time

Inheritance Law

1. Applicable Inheritance Law to Estate Located in Spain
2. Spanish Inheritance Tax: How much is it?

Property Law

1. Buying a Property in Spain? 10 Reasons to Hire a Lawyer
2. Taxes when Selling Spanish Property
3. How do Unpaid Bills and Taxes on a Property affect the New Owner
4. Independent legal advice
5. Transfer Tax of Public Auction Purchases
6. Buying Property in Spain: An Overview
7. Buying Property from a Private Seller
8. Making an Offer and Issues Relating to Price
9. Tips on Choosing the Property
10. Yearly Taxes and Fees on Property Ownership
11. Purchasing a Property from a Developer
12. Real Estate Agencies: A Legal Perspective

Taxes when Selling Spanish Property

Capital Gains Tax (non-residents)

A non-resident seller is liable for payment of a 35% Capital Gains Tax on the profit of the sale of their property unless it was bought before January 1st 1.987. However, there are exemptions available for those who have owned their property since 1.994 and before. Also, the vendor can offset against the gain made on the sale other costs.

A vendor will be able to mitigate his tax exposure by three different ways:

• Reductions on when the property was purchased.
• Those who bought a property after the 31st of December of 1.994 will not be entitled to any reductions.
• Those who bought in 1.987 of after will enjoy of a reduction of 11.11% on the net gain for every year they have owned the property before the 31st of December 1996 after taking the first two years. This means that a seller starts benefiting from this reduction, his first 11.11%, if he bought in 1.994, 22.22% if he bought in 1.993 and so on.
• Those who bought before the 31st of December 1.986 will be pay not tax, as the cuttoff point is 1996.

Reductions on the inflationary movements

This reduction is obtained by applying a percentage to the l purchase price, raising the original price to the level of the value of the Euro today. This inflationary correction factor is applied to the entire purchase price, as well as to all costs surrounding the purchase. Likewise, improvements and extensions on the property will have to be updated inflation-wise.

The correction factor to be applied will be the following:

Reductions on the inherent costs of the purchase, works done on the property and others.

• Costs of the purchase: these would include VAT of Transfer Tax, Plusvalía Tax (where paid by the buyer), Land registry and Notary fees, lawyer´s and real estate agent´s fees, where applicable.
• Extensions done on the property. These should not be confused with maintenance and conservation costs, as these are not deductible.

Examples of not deductible costs are repair or maintenance works, such as painting, repairs on heating systems, lifts, plumbing and so on. Also, the installation of iron bars, doors, double glazing windows and similar works on the property.

Examples of deductible costs are the installation of iron bars, doors, double glazing windows and similar improvements on the property.

Plusvalía Tax (Municipal Tax on the increase of the value of the land over the years)

From a little as a few thousands Euros for small properties recently purchased to as much as a few thousand Euros for larger estates purchased many years ago. This tax is calculated on the basis of two variables; ratable value of the property and number of years of ownership by the vendor. The market value or the sales price does not have an effect on this tax.

It is recomendable for the seller/legal representatve to find out with the Town Hall the amount of tax they will demand.