An article written for Nordica Invest:
A. TAXES IN DIRECT RELATION TO THE PURCHASE:
VALUE ADDED TAX (VAT OR IVA)
Impuesto sobre el Valor Añadido (IVA).
This tax is levied when buying a new property or a property in
the course of construction and is currently fixed to 7%, applicable
to the official purchase sum. It is paid directly to the developer
/ vendor. In addition you would have to settle the 0,5% Stamp
Duty. If you purchase parcels of land,
commercial premises or garage spaces, the IVA rate is 16%, plus
0,5% Stamp Duty. However, if you purchase the garage with the
property, the IVA is reduced to 7% (the maximum numbers of garages
that can be included is two).
Note: The IVA is incompatible with the ITP-tax.
TRANSFER TAX OR ESTATE TAX (ITP)
Impuesto sobre Transmisiones Patrimoniales Onerosas.
When purchasing a second hand property, a transfer tax of 7%
is applied to the official purchase sum. This tax is not the same
as Value Added Tax, which does not apply to second hand property,
neither does the 0,5% Stamp Duty tax.
THE MUNICIPAL CAPITAL GAINS TAX (PLUSVALÍA)
Impuesto sobre el Incremento del Valor de los Terrenos de Naturaleza
Urbana or Impuesto Municipal sobre las Plusvalías.
In general this tax burdens the increase of value of lands between
the
moment of its acquisition and its sale, and is levied by the local
Town Hall based on
a) the particular area where the property is located;
b) the surface area of the plot;
c) the catastral value;
d) and on the date of the previous title deed (escritura).
This tax may range from a few euros to as much as hundreds of
thousands of euros on larger properties with a lot of land. By
the law the vendor is obliged to pay this tax, however it has
become customary to negotiate this, why it is not uncommon that
the purchaser settles this amount.
STAMP DUTY TAX
Impuesto de Actos Jurídicos Documentados.
The stamp duty rate of 0,5% is applicable to certain types of
notarial and commercial documents executed in Spain or abroad
if they have legal or economic effects in Spain. It is applicable
with VAT when a new property, plot of land or commercial property
is purchased.
B. FEES IN DIRECT RELATION TO THE PURCHASE:
NOTARY FEES
The Notary charges according to a fixed scale and depending on
the official value of the property. Minimum charge is approx.
300 €.
INSCRIPTION IN THE MUNICIPAL PROPERTY REGISTRY
As a rule of thumb the costs of registering your newly aquired
property in the municipal property registry amounts to approximately
40% of the Notary fees. If you have also purchased a garage space
independently of the property, the fees are similar to that of
the Notary.
LAWYER'S FEES
There is a minimum fee of 1.200 to 1.800 Euros that the lawyer
can charge, otherwise he is entitled to a minimum of 1% of the
purchase value.
MORTGAGE COSTS
This varies from bank to bank and can also be negotiated. Normally
there is a default fee of 1% in constitution costs or subrogation
costs, 1% is charged with parcial or full cancelation. In addition,
there would be smaller fees to cover originating from the property
registry, the Notary,
Stamp Duty and appraisal and the banks' study of each individual
case.
ESTATE AGENT'S FEES
This is customarily settled by the vendor and not the purchaser,
so it shouldn't normally worry the buyer. If different has been
agreed upon.
WHAT IS THE 5% RETENTION TAX ON NON-RESIDENTS IN SPAIN?
When a non-resident in Spain sells a real estate situated in
the Spanish territory, the purchaser of the property, whether
or not resident in Spain, must withhold 5% of the purchase price
and pay this amount to the Inland Revenue to cover the vendor's
liability for tax on the gain obtained on the
transfer. The vendor can deduct this amount in his annual tax
return from the capital gain of the sale, and if the amount withheld
exceeds the tax finally payable, the excess is refundable.
The tax does not apply to properties with title deeds issued
previous to 31 December 1996.
C. TAXES POSTERIOR TO THE PURCHASE
LOCAL PROPERTY TAX (IBI)
Impuesto sobre Bienes Inmuebles.
This tax is levied by the local town hall and is paid annualy.
It is based on the fiscal or rateable value, the valor catastral,
of the property, and takes into account the value of the land
plus the value of the building, according to type, location, and
usage. Upon this value, each municipal Town Hall decides on the
percentage to be charged in respect of local rates. In the case
of Marbella, the formula applied is 0.85% of the rateable value
of the property, which is usually far less than its true market
value.
WEALTH TAX (PATRIMONIO)
Impuesto sobre Patrrimonio.
The Patrimonio tax is set on your assets in Spain, mainly property,
bank account, car, bonds, stocks and shares. Non-residents are
subject only to wealth tax on their assets in Spain, whereas residents
in Spain also pay taxes on their off-shore assets, altough they
are exempt from the dwelling
in the tax form if it has a value of less than approx. 150.000
Euros. Non-residents are subject to Wealth Tax on any property
located in Spain at the same rates as residents, and a tax return
must be filed and presented every year to the Tax Authorities.[PARA]The
tax on urban property is based
on the highest value among the cadastral value, the purchase value
or the value given by the Tax Authorities in an evaluation carried
out for other tax reasons. This is the base value for taxation
and the final taxable value is determined by the difference between
this base value and the charges or
liens on the property and the main debt invested in the property,
if there are any. A tax scale is applied to this final value in
order to determine the payable tax amount.[PARA]For values of
assets up to 163.848 Euros , the wealth tax is set to 0,2%. For
superior values the rate increases gradually.
INCOME TAX (IRPF)
Impuesto sobre Ia Renta de las Personas Físicas.
Also non-residents are liable to personal income tax in Spain,
on property included, as the Spanish Tax Authorities assume that
the owner of the property is receiving an annual income from it.
Income on property is set to 2% of the cadastral or rateable value
of the property and then a rate of 25%
tax is applicable to the base value. This tax is filed annualy.
The tax on capital gains is 35%. Non-residents must file a tax
return within 30 days from the date the income is collected. This
tax return can be filed monthly or quarterly in certain cases.
CAPITAL GAINS TAX ON PROPERTY
Impuesto sobre Incremento de Patrrimonio.
Capital gains is due with the sale of a property and the tax is
calculated as the difference between the value of the property
at the time of its acquisition and the value at the time of its
sale. The tax rate is 35% applied to the base value.
When you purchase a home in Spain there are also normally fees
connected to the running of a community in which the apartment,
townhouse or villa is located, for instance a gated residential
complex or urbanisation or a residential zone with a shared administration.
These fees depends on the
area and the size of the community and covers maintenance of gardens,
pools, security etc. Please also note that there is a local litter
collection tax to be paid to the local Town Hall annualy.
DISCLAIMER: This introduction to taxes is only orientative and
we strongly recommend seeking help from professional tax counsellors
when purchasing a property or acquiring any other asset in Spain,
as the Spanish tax system may result quite complicated. Please
also note that according to Spanish
law, all non-residents with assets in Spain are required to appoint
a fiscal representative to secure the carrying out of tax duties.