Buying and selling property is not an easy process and requires certain knowledge from both parties involved in the real estate deal. It is important for the buyers to understand that their expenses are not only a fixed price and a figure in the contract. In addition to the payment for the square meters of a future property they will have to pay some additional costs. It is equally important to be clear about the ongoing expenses you will face as a property owner.
What is the math behind buying and selling a home in Spain? What costs should you bear in mind to avoid unpleasant surprises?
We hope you will find this information helpful. For your convenience, the names of taxes are also given in the original language.
THE BUYERS’ EXPENSES.
• ITP (Impuesto sobre Transmisiones Patrimoniales) – Transfer Tax applies if the property is deemed to be a second transfer. Tax rate (8 -10%) is calculated according to the certain scheme.
• VAT (known as IVA in Spain) is 10% on the purchase price of residential properties (villa, apartment, garage) bought from the developers, and 21% for commercial properties and plots of land.
• The Stamp Duty (known as AJD – Actos Jurídicos Documentados) is 1,5% of the price of the purchase, paid with VAT, and not applies in Transfer Tax scenario.
• Spanish notary costs (Gastos notariales и Gastos registrales) are calculated in relation to the purchase price declared in the deeds of sale according to official state fees (approx. 3.000 euros).
• Legal Fees (Abogado in Spanish): 1%
N.B. Income tax provision when buying from non-residents.
If the vendor is not a fiscal resident in Spain, the buyer has to pay 97% of the purchase price to the vendor and hold 3% which is paid directly to the tax authorities. If this is not done the property will be considered by the tax authorities as the asset backing the capital gains tax liability of the vendor. If everything is settled and there are no violations in terms of payment, the tax authorities returns these 3% to the vendor.
THE VENDORS’ EXPENSES.
• Plusvalía Municipal (Impuesto sobre el Incremento del Valor de los Terrenos de Naturaleza Urbana) is a local tax charged by the town hall. It is calculated on the rateable value of a sold property and the number of years that have passed since the property last changed hands. The objective is to tax the increase in the value of the land on which the property stands, some of which is due to improvements to the area. This condition is more likely to apply when purchasing a house or a villa.
• Estate agency fees or commissions
• Mortgage Cancellation Legal Costs (Gastos de cancelación de hipotecas anteriores) – cancellation of a previous mortgage, or any debts.
*Capital gains tax. If the vendor is a non-resident, there is a Spanish withholding tax retention, which the buyer pays directly to the tax authorities, to cover the vendor’s capital gains liability (see Income tax provision above)
Drumelia Real Estate is always ready to help and hopes that the availability and transparency of the information we provide will allow you to get your figures right when buying and selling property in Spain. We are here for you!