•Real Estate Investment 

All I have in Spain is a holiday house for me (un-rented), why should I pay “income” tax every year in that Country?

You have to pay it because, legally speaking, in Spain there is a property-owners’ imputed income tax charged on secondary homes. And yours is clearly the case since your principal dwelling is abroad. The same applies to residents in Spain who own more than one dwelling.

  • Share/Bookmark

Can I force my Spanish bank to give me a complete and clear list of the terms and conditions to be applied to my mortgage rather than the longish and fuzzy “Escritura”?

Yes you can. In fact, banks are forced by law to provide to their clients such binding offer, listing clearly and unequivocally what are the basic terms of the Loan & mortgage with time enough in advance of the meeting at the Notary. for the “Escritura” to be signed  These basic conditions and terms include: Interest rate, commissions, charges, penalties, early redemption fee, cancellation fee, insurance requests, etc

  • Share/Bookmark

I have sold my property in Spain and the bank still claims unpaid mortgage instalments from me. Could this be legal?

Yes it could. It is quite normal that the bank made you sign a document saying that the repayment of the loan originally given to you was protected with the mortgage on the property but also with your personal guaranty, meaning you could be forced to pay the due instalments if the bank chooses to claim these from you instead of repossessing the property, or even in case where the repossession does not cover the debt outstanding.

  • Share/Bookmark

What is an Escritura?

In Spain “Escritura” or “Escritura Pública” means Deed or legal written document signed, sealed, witnessed and recorded by a notary public. A Deed related to any form of real estate transaction is normally submitted to the Land Registry for its registration.

  • Share/Bookmark

I am over 65 years old; do I pay capital gains tax in Spain if I sell my Spanish property?

You do not pay as long as you hold a Spanish residence permit or an EU Certificate of Registration for the last 3 years or more and have lived in your property as your home during such term at least. If this is not the case, we are afraid you have to pay capital gains tax even if you are over 65.

  • Share/Bookmark

As an owner of a property in Spain for more than 20 years, will I be exempt from any capital gains tax?

No, you will not, I am afraid. From January 20, 2006 there is no exemption from capital gains tax for property sellers. Those long-term proprietors who bought before 1986 had privileges of reduction which reduced their tax to zero after 10 years. At the present, however, they must pay capital gains tax on the part of their profit calculated since January 20, 2006. Therefore, all sellers of property can now apply only a coefficient of reduction that approximately matches the inflation rate, but then again no matter how long you have owned your property, you will certainly have capital gains tax to declare when you sell it.

  • Share/Bookmark

What is an Escritura? (2005-06-23 )

In Spain “Escritura” or “Escritura Pública” means Deed or legal written document signed, sealed, witnessed and recorded by a notary public. A Deed related to any form of real estate transaction is normally submitted to the Land Registry for its registration.

  • Share/Bookmark

What taxes must I pay in Spain as a non resident individual property owner? (2010-01-01)

Non-resident individuals owning real estate properties in Spain have the obligation to declare and pay the following taxes every year:

  1. Land Rate tax (or I.B.I. ) , yearly payable to the municipality. It is based on the valor catastral (officially rated value) of each property and can vary broadly from town to town.
  2. Property owners’ attributed income tax. Also a yearly tax. Non residents pay two percent of the “valor catastral”, a officially rated value, of their property attributed to them as a sort of made-up income. In case the property rated value has been recently raised property owners pay 1.1 percent.

  • Share/Bookmark

What does I.B.I. stand for in Spanish real estate assets? (2007-04-17)

IBI, or Impuesto de Bienes Inmuebles, means the municipal real estate tax. This tax is charged annually by the municipality. Every IBI receipt shows the real estate property’s cadastral reference number (important for several other tax declarations) as well as the official assessed value of such property.

  • Share/Bookmark

As a buyer of a real-estate property in Spain, do I have to hold and deposit any percentage of the price with Tax Authorities?

In case you purchase from a non-resident, you are legally obliged to deposit a three per cent of the total declared price with tax authorities in the name of the vendor as a guarantee of his taxes. If this obligation is not accomplished, then the tax aAuthorities could eventually make you (i.e. the acquired real-estate property) responsible in case the seller does not pay his dues. (2007-07-06)

  • Share/Bookmark

« Previous Entries