{"id":7738,"date":"2020-07-31T12:04:09","date_gmt":"2020-07-31T12:04:09","guid":{"rendered":"https:\/\/sunandgolfproperties.com\/?p=7738"},"modified":"2020-07-31T12:56:01","modified_gmt":"2020-07-31T12:56:01","slug":"selling-property-in-spain-taxes-you-must-pay-after-sale","status":"publish","type":"post","link":"https:\/\/sunandgolfproperties.com\/en\/selling-property-in-spain-taxes-you-must-pay-after-sale\/","title":{"rendered":"Selling property in Spain: taxes you must pay after sale"},"content":{"rendered":"<p>[et_pb_section fb_built=&#8221;1&#8243; _builder_version=&#8221;3.22.3&#8243;][et_pb_row _builder_version=&#8221;3.22.3&#8243; background_size=&#8221;initial&#8221; background_position=&#8221;top_left&#8221; background_repeat=&#8221;repeat&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;3.0.47&#8243;][et_pb_text _builder_version=&#8221;3.22.7&#8243; background_size=&#8221;initial&#8221; background_position=&#8221;top_left&#8221; background_repeat=&#8221;repeat&#8221;]<\/p>\n<p>If you\u2019re selling a property in Spain, there are certain tax implications. These differ from property sale taxes in the UK, and it\u2019s important to understand your obligations to ensure that you don\u2019t fall foul of the law.<\/p>\n<p>There are two types of Spanish property tax which will affect the sale of your property, which we\u2019ll look at in detail below:<\/p>\n<h2>Selling property in Spain taxes: Plusvalia<\/h2>\n<p>Plusvalia is a form of tax which must be paid to the town hall where your property is located. Plusvalia is calculated on the following criteria:<\/p>\n<ul>\n<li>The increase in land value since you purchased the property (known as \u201cvalor catastral\u201d)<\/li>\n<li>The number of years you owned the property<\/li>\n<\/ul>\n<p>Land value can be found on your IBI receipt. It increases every year, regardless of the actual market value of your house. This means that Plusvalia is due on your property, even if you\u2019re going to lose money when selling it.<\/p>\n<p>This matter is currently being challenged in courts throughout Spain, but to no practical effect. Put simply, when you sell your Spanish property, your local town hall will demand a payment.<\/p>\n<h2>Selling property in Spain: tax implications<\/h2>\n<p>It can be beneficial to try and avoid any nasty surprises by contacting your local town hall and requesting a calculation of Plusvalia before you sell your property. This way, you will have a rough idea of how much you will be required to pay.<\/p>\n<p>If you are a non-resident, the buyer of your property could be found liable for payment if you have not paid the Plusvalia tax within 30 days of a sale going through. It is important to make the payment of Plusvalia a priority when selling a property in Spain, to avoid any unnecessary legal implications.<\/p>\n<h2>Selling a property in Spain: capital gains tax<\/h2>\n<p>As a seller, you are obliged to pay capital gains tax on any profits from your sale. Capital gains tax on property in Spain for residents currently sits on a sliding scale, between 19-23%. If you are a non-resident from an EU\/EEA country, you\u2019ll be expected to pay a flat rate of 19%.<\/p>\n<h2>Selling a property as a non-resident<\/h2>\n<p>If you are a non-resident from outside the EU\/EEA, you\u2019ll be required to pay 24% in capital gains. When selling your property, your buyer will also be required to withhold 3% of the property purchase price to pay to the Spanish tax authorities.<\/p>\n<p>After you sell, you should file a tax return which accounts for the amount of the purchase price initially retained by the buyer of the property (typically 3%). You\u2019ll need to pay the remaining amount of your capital gains tax within three months of the sale going through.<\/p>\n<p>If the amount the buyer withholds exceeds the payable for capital gains tax, you may be able to claim a refund for the excess amount. It is therefore important to obtain proof of the original 3% tax paid by the buyer before filing your return and filling in any other necessary forms or legal documents.<\/p>\n<p>If you are considering selling your Spanish property, then hope this article has been useful to you.\u00a0 To find out more about other costs associated with selling property in Spain, read our article:\u00a0<a href=\"https:\/\/sunandgolfproperties.com\/the-cost-of-selling-property-in-spain\/\" target=\"_blank\" rel=\"noopener noreferrer\">The cost of selling property in Spain<\/a>.<\/p>\n<p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=&#8221;1&#8243; admin_label=&#8221;CTA&#8221; module_id=&#8221;cta-ebook&#8221; _builder_version=&#8221;3.22.7&#8243; custom_margin=&#8221;0px||0px|&#8221; custom_padding=&#8221;0px|||&#8221; custom_css_main_element=&#8221;color: #fff!important;&#8221; collapsed=&#8221;off&#8221;][et_pb_row custom_padding=&#8221;30px|30px|0px|30px&#8221; custom_margin=&#8221;||&#8221; _builder_version=&#8221;3.22.7&#8243; background_color=&#8221;#80006f&#8221; custom_css_main_element=&#8221; color: #fff!important;&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;3.22.7&#8243;][et_pb_text admin_label=&#8221;Intro Title&#8221; _builder_version=&#8221;3.22.7&#8243; text_font=&#8221;||||||||&#8221; text_text_color=&#8221;#ffffff&#8221; header_font=&#8221;Montserrat||||&#8221; header_text_color=&#8221;#ffffff&#8221; header_font_size=&#8221;36px&#8221; text_orientation=&#8221;center&#8221; background_layout=&#8221;dark&#8221; module_alignment=&#8221;center&#8221; animation_style=&#8221;fold&#8221; animation_direction=&#8221;bottom&#8221; animation_intensity_fold=&#8221;20%&#8221;]<\/p>\n<h2>Free E-Book: Ultimate Guide to Buying a House in Spain<\/h2>\n<p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][et_pb_row custom_padding=&#8221;|30px|30px|30px&#8221; _builder_version=&#8221;3.22.7&#8243; background_color=&#8221;#80006f&#8221; custom_css_main_element=&#8221; color: #fff!important;&#8221; collapsed=&#8221;off&#8221;][et_pb_column type=&#8221;1_4&#8243; _builder_version=&#8221;3.22.7&#8243;][et_pb_image src=&#8221;https:\/\/sunandgolfproperties.com\/wp-content\/uploads\/2019\/10\/cover-ebook.jpg&#8221; align=&#8221;center&#8221; _builder_version=&#8221;3.22.7&#8243;][\/et_pb_image][\/et_pb_column][et_pb_column type=&#8221;3_4&#8243; _builder_version=&#8221;3.22.7&#8243;][et_pb_text _builder_version=&#8221;3.22.7&#8243; text_font=&#8221;||||||||&#8221; text_text_color=&#8221;#ffffff&#8221; text_font_size=&#8221;16px&#8221; text_line_height=&#8221;1.8em&#8221; background_layout=&#8221;dark&#8221; custom_margin=&#8221;||0px&#8221;]<\/p>\n<p>If you are looking to buy property in Spain, and would like to know more information on the local property market, buying process, taxes, costs, legal and financial assistance, then download our FREE E-Book today!<\/p>\n<p>[\/et_pb_text][et_pb_code _builder_version=&#8221;3.22.7&#8243; text_orientation=&#8221;center&#8221; custom_css_main_element=&#8221;color: #fff!important;&#8221;]<script type=\"text\/javascript\" src=\"https:\/\/clientify.net\/web-marketing\/webforms\/script\/12632.js\"><\/script>[\/et_pb_code][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>If you\u2019re selling a property in Spain, there are certain tax implications. These differ from property sale taxes in the UK, and it\u2019s important to understand your obligations to ensure that you don\u2019t fall foul of the law. There are two types of Spanish property tax which will affect the sale of your property, which [&hellip;]<\/p>\n","protected":false},"author":6,"featured_media":7744,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"<p>If you are unsure about how to buy a property in Spain then it is important to know what questions to ask, especially when you are buying a property in a foreign country and don\u2019t know the local laws or requirements. Buying a house is one of the largest purchases you\u2019ll ever have to make, which will affect your economic situation in the long term, so you should know what to ask both the agent and the property owner when you are attending viewings.<\/p><h2>What you should know before buying a property in Spain<\/h2><p>The first thing we can advise you is to be sure of exactly what you want. What town or area do you like? Is the house central? Close to the beach? In a residential area or the countryside? What size? Should it have a garden, garage or pool? Therefore you need to evaluate what your needs will be both in the medium and long term, as well as your budget and be informed about the different mortgage options available, if you need one.<\/p><p>Once you have resolved these questions, you can start to visit houses with a realtor, to whom you will have to provide a series of questions before definitively buying a property in Spain.<\/p><h3>1. What is the area like?<\/h3><p>You\u2019ve all heard the phrase location, location, location! Regarding the area in which the property is located, it can determine both the price as well as the type and quality of the local amenities available: schools if you have children, shops, supermarkets, commercial centres, public transport connections, places to park, restaurants or bars\u2026 All of this you should find out before buying a property in Spain.<\/p><h3>2. Who owns the property?<\/h3><p>This may seem like an obvious question, but you need to check whomever is selling the property is in fact the registered owner. Also, in Spain, for married couples, the deeds have to be in the name of both spouses by law unless they have filed for a \u2018separaci\u00f3n de bienes\u2019 or separated capital, so both parties must be in agreement to sell. It is also not uncommon for several family members to own a property, so it cannot go ahead unless they have all expressed the will to sell and are available to sign the necessary documents.<\/p><h3>3. Does the property have any debt or other costs?<\/h3><p>Make sure that the property is free of debt. Mortgages, repossessions or even unpaid taxes such as IBI (the equivalent of council tax), including personal or inheritance taxes can cause registered charges if left unpaid for a long period of time. Another important charge within apartment blocks, housing developments or gated communities, more commonly known in Spain as \u2018urbanizations\u2019, are the owner\u2019s community fees, in which case, if the previous owner has not paid them, can fall on you as an additional cost to cover. Also remember to ask how much the monthly community fee is, which usually covers the upkeep of all the communal areas and services, such as gardens, parking and security.<\/p><h3>4. Are any building works due to be carried out in the building?<\/h3><p>Even if you don\u2019t see any building works underway, maybe the neighbours have planned some changes within the common areas such as a hallway, to construct a ramp or change the lift for example. For this reason it is recommended to ask if there is any type of renovations or maintenance works foreseen in the near future, of which you could be responsible to contribute a percentage towards the cost or could increase your monthly community fee.<\/p><h3>5. Are animals allowed in the community?<\/h3><p>Normally, you shouldn\u2019t have problems moving with pets to your new house, but there are some communities in which animals are prohibited, or at least, certain species. If you have a pet and are buying in an apartment block or development, make sure you consult the neighbours that they don\u2019t have any issues with pets within the building or using the common areas.<\/p><h3>6. Does it have an energy certificate?<\/h3><p>Currently, it is mandatory by law that all properties have an energy certificate. If one does not, it will need to be requested before buying the house, which will save you many problems in the future. Thanks to this particular document you will know how energy efficient the property is, which could also help you save on your monthly electricity bills.<\/p><h3>7. Has it passed a technical inspection?<\/h3><p>All buildings over 20 years old should have an ITE or technical building inspection, which then also needs to be carried out once every subsequent 10 years. Therefore if you property you want to buy has buildings of that age, you need to make sure it has passed its ITE.<\/p><h3>8. What useable square meters does it have?<\/h3><p>When we talk about an \u201880 meters squared house\u2019 we mean the meters built, which also includes structures such as the internal and external walls etc. Therefore, you need to find out what the usable square meterage is, which is the true space that you will have to put your furniture and other items you have for your house.<\/p><h3>9. What is the total plot size and where are the boundaries?<\/h3><p>As well as the construction size, it\u2019s also good to know how large the plot or external areas are, such as terraces, gardens or land, and exactly where the borders lie. You should also find out what areas you actually own and what is shared, as you should never assume that everything you see on the property is yours, such as a parking space or driveway, which may seem to be part of the same square plot, but could in fact be owned by your neighbour.<\/p><h3>10. Were the right planning permissions in place when the property was built?<\/h3><p>It\u2019s necessary to ask if the property has all the correct planning permissions for the build as well as for any extensions, outbuildings or a swimming pool for example that may have been constructed since. For the main dwelling you will need the \u2018Primer Ocupaci\u00f3n\u2019 or First Occupancy License, and all constructions should have been granted a \u2018Fin de Obras\u2019 certificate, which is provided at the end of any building works that have been completed and correctly registered. If not, the property owner will need to request these and pay any outstanding duties before sale.<\/p><h3>11. Does the property have a shared or private pool, if not can I build a pool?<\/h3><p>If having a pool is a priority for you, then make sure you ask your agent to add this to the top of the list when searching properties on your behalf, as it is not always possible to build one and it can take time obtaining the permissions. Also, find out if it is private or shared, which could also be an important factor for you. If you find your dream property and there is space on the plot for a pool, then it is important to ask your agent, before you buy the property, to check with the right authorities, such as an architect or the town hall that permission can be granted within the current plans. It\u2019s also good to find out what the time and cost will be to factor it into your budget. Furthermore, if the property is on special or rural land, in many cases the construction of a pool will not be allowed at all.<\/p><h3>12. What do I need to know when buying a rural property or plot of land?<\/h3><p>The most important question to ask if you are buying a rural property in the countryside, is if it is on special or protected land, as that will greatly influence what you can do with it in the future, including if you want to extend the property or construct outbuildings or a pool for example, as previously stated. Also, find out how water and electricity is supplied, as some rural properties do not have connections to the mains or local water supply. Many rural houses have a well or \u2018deposito\u2019 which is a large refillable tank, so check that there is plenty of water in the well and the supply, cost and timing of filling the tank as and when required. Also, find out how waste is managed, whether the property is directly connected to a sewerage system or there is a sceptic tank that will need to be emptied on occasion.<\/p><p>If you are looking to buy a plot of land to build a property, don\u2019t just assume you can get planning permission. In Spain it is much more difficult to build a house on land that has no existing structure or has been classed as \u2018urbanisable\u2019, so it\u2019s paramount that development is allowed on the plot before you buy.<\/p><p>Now that you know what to ask when buying a property in Spain, you just need to make sure that it fulfils all the requirements to go ahead and buy it and to avoid any nasty surprises when you start your new life there.<\/p>","_et_gb_content_width":"","footnotes":""},"categories":[56],"tags":[],"class_list":["post-7738","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-spanish-property-market-news"],"_links":{"self":[{"href":"https:\/\/sunandgolfproperties.com\/en\/wp-json\/wp\/v2\/posts\/7738","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sunandgolfproperties.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sunandgolfproperties.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sunandgolfproperties.com\/en\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/sunandgolfproperties.com\/en\/wp-json\/wp\/v2\/comments?post=7738"}],"version-history":[{"count":7,"href":"https:\/\/sunandgolfproperties.com\/en\/wp-json\/wp\/v2\/posts\/7738\/revisions"}],"predecessor-version":[{"id":7789,"href":"https:\/\/sunandgolfproperties.com\/en\/wp-json\/wp\/v2\/posts\/7738\/revisions\/7789"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/sunandgolfproperties.com\/en\/wp-json\/wp\/v2\/media\/7744"}],"wp:attachment":[{"href":"https:\/\/sunandgolfproperties.com\/en\/wp-json\/wp\/v2\/media?parent=7738"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sunandgolfproperties.com\/en\/wp-json\/wp\/v2\/categories?post=7738"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sunandgolfproperties.com\/en\/wp-json\/wp\/v2\/tags?post=7738"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}