Malaga Law

Spain's leading English speaking solicitors for conveyancing, probate, last will & testament, litigation, breach of contract, family & matrimonial law and Spanish inheritance tax.

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news

 

Vat on new builds reduced from 8% to 4%
Spanish Government finally reacts to construction crisis

   
  Spanish housing minister appeals to British buyers to return
Reforms promised to property and banking law
   
  Gloomy report on Spanish property market
No recovery until 2016
   
  Repossession cases on the increase
Repossession cases heard by Marbella
   
  El Archivo de Antequera aumenta sus fondos
La familia Ramos deposita documentos relacionados con los 140 años de actividad de su despacho de abogados
   

 

Foreign exchange
Latest mid-market GBP to EUR
 
  Bank of Spain proposes doubling provisions for repossessed properties
Proposed changes will drive property prices down
 
  Latest financial scandal
Landsbanki mis-selling of equity release schemes
 
  Bogus Law Firms
Fraudulent emails and website cloning

guides
  Guide to Spanish probate
Probate in Spain and inheritance law
 
  Contesting a Spanish will
Contentious probate & Disputed wills
 

 

Applying for Spanish NIE number
NIE application form in English
 
  Guide to drawing up last will and testament
Use of non Spanish wills in Spain
 
  Deed of dissolution of joint property ownership
Re-arranging assets following divorce or separation
 
  Divorce or legal separation in Spain
Guide to Spanish divorce or separation
 
  Guide to buying property in Spain
Legal guide on purchasing property in Spain
 
  Taxation of Pension Income in Spain
Spain - a favourable tax environment

published articles
  Bank and insurance guarantees
Enforcing a claim under bank or insurance guarantees
 
  Buy with confidence
Avoid the pitfalls
 
  Executing a power of attorney
Risks involved in executing a power of attorney
 
  Rural property
Risks involved in buying rustic or rural property
 
  Refinancing and equity release schemes
Spain an unregulated market place
 
  Starting a business in Spain
Pitfalls of buying a business in Spain
 
  International child abduction
Parental child abduction - Child abduction in Spain
 
 
 
Property Taxes

As a consequence of owning property in Spain the following taxes will be encountered at one time or another:-

VAT/IVA
Purchases of new properties are subject to VAT at 8%

Transfer tax (ITP)
Purchase of re-sale properties are subject to transfer tax at 7% up to EUR400,000 and at 8% on any amount exceeding EUR400,000
Purchase of re-sale garages are subject to transfer tax at 7% up to EUR30,000 and at 8% on any amount exceeding EUR30,000

Stamp duty
Purchases of new properties are subject to stamp duty at 1%

IBIU (Impuesto Bienes Inmuebles Urbana)
All properties in Spain must pay annual rates (IBI). Correctly it is paid by the person who occupies the property on the 1st January in any year. This tax is collected by the local Town Hall and is based on the rateable value (valor catastral) of the property.

Refuse tax (Basura)
Most properties are separately accessed to rubbish collection charges. Refuse taxes are normally levied by the local Town Hall

Plusvalía (Impuesto Sobre El Incremento Del Valor De Los Terrenos De Naturaleza Urbana)
Plusvalía is a municipal tax and is levied by Spanish Town Halls on the increase in the value of urban land (excluding the value of any buildings) when there is any change of ownership (ie sale or inheritance).. The tax rate varies depending upon the size of the local population and also the length of ownership. A declaration must be made by the vendor within 30 days and the appropriate tax paid. Correctly in the case of a property sale it is the seller that pays this tax.

Imputed income tax
The property owners' imputed income tax is based on a deemed rental income. The tax is calculated based on the rateable value (valor catastral) of the property. The rental income is deemed to be 2% (1.1% if the valor catastral has been revised since 1994) of the rateable value and one is then taxed on that amount at 24% which is the non-resident flat rate of income tax.

Wealth tax
Spanish wealth tax was abolished in 2008 so the last year of assessment was 2007. Residents and non-residents were liable to Spanish Wealth Tax. Residents were assessed to this tax on their worldwide assets but were allowed a personal wealth level deduction of EUR108,182 plus an own home deduction of EUR150,253. For couples the rates are multiplied by 2. Non-residents were assessed on Spanish assets only and were not permitted to claim any deductions. The tax rates vary between 0.2% and 2.5% on total net wealth

Capital gains tax
Any gain made on the disposal of an asset (ie sale of property) is assessed to capital gains tax at a rate of 19% (1 Jan 2007 to 31 Dec 2009: 18%).

 
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