Sale of my house in Spain

If you have decided to sell your home at conveyancing law firm in Spain of Welex we will provide you with full advice for:

A safe sale of your Property in Spain and assist you in signing the contract for sale and take care of your Spanish tax liabilitie payments. For your total understanding and security, we will inform you from the beginning about the documentation you need to sell and all the expenses you will have to pay for it.

What documentation do you need to sell your property in Spain?

At Welex, your conveyancing lawyers in Marbella and accountants in Spain, we will assist you in preparing the following documentation that will facilitate your sales process

  • The purchase deed of your home in Spain
  • First Occupation License of your property in Spain
  • The statutes of the community of owners and the last community receipt paid.
  • Last receipts for supplies paid.
  • Last paid IBI receipt.
  • Energy efficiency certificate of your Spanish property.
  • In certain cases, certificate of no urban infraction.

As the owner of a property in Spain, you are obliged to contribute to the general expenses of the property in favour of the Community of Owners in Spain. In case of debt at the time of signing the public deed of sale, the buyer will be responsible with the purchased property itself, for the debt to the community for the outstanding amount corresponding to the due part of the year of the sale and the three previous calendar years. The flat or premises will be legally affected by such payment. Therefore, at the time of signing the deed of sale, you must provide the notary with certification of the state of debts to the community issued by the secretary, with the approval of the president.

Once the Spanish property has been sold, you must notify the Community of Owners of the sale, otherwise you will continue to be liable for any debts to the Community accrued after the transfer in solidarity with the new owner. 

In the same way, just because you own a property in Spain, you owe the Property Tax. In order to determine the existence or not of a debt at the time of signing the public deed of sale, the notaries will request information and expressly warn the parties about the outstanding debts for Property Tax associated with the property being sold.

You must also provide the notary with the energy performance certificate. This certificate is compulsory for selling or renting a property in Spain. The energy certificate provides information on the energy consumption and CO2 emissions of a property advertised for sale or rent.

To obtain the energy efficiency certificate, the work of a competent technician is required: architects, technical architects, engineers and technical engineers.

The private contract for the sale of your property in Spain

Our conveyancing lawyers in Marbella and Accountants in Spain will advise you and draw up the contract for sale. It is essential that advice be given before the signing of such a contract, bearing in mind that once it is signed, the client is obliged to carry out what has been agreed, without being able to claim subsequently that it is no longer in his interest to comply with what was agreed.

In a sale of a property in Spain, the seller is obliged to deliver and remediation of the sold thing during the period of six months from the delivery of the thing. It shall be deemed to have been delivered when it comes into the possession of the purchaser. On signing the public deed of sale, your home will be understood to have been handed, unless otherwise agreed in the deed.

In the sale of a property in Spain, made by a fixed price and not by a quantity per square metre, there will be no increase or reduction in the sale price, even if it is more or less than that expressed in the contract.

In relation to the remedying of the thing sold, as seller you are obliged to remedy it if hidden defects prevent its proper use or if they so reduce this use that, had the buyer known about them, he would not have purchased it or would have given less price for it. The seller shall not be liable for obvious or visible defects, or for those which are not, if the buyer is an expert who, by reason of his trade or profession, should easily have known them.

In addition, the seller is liable to the buyer for the legal and peaceful possession of the thing and for any hidden defects or faults, even if the seller is unaware of them, unless otherwise agreed and the seller is unaware of such hidden defects or faults.

Costs and taxes on the sale of a property in Spain. Taxation of non-residents.

Capital gain tax in Spain

You should keep in mind that as a result of the sale of your home you will have to pay for the gain derived from the sale.

This capital gain tax in Spain is the difference between the sale price (less expenses and taxes inherent in the transfer paid by the seller) and the purchase price (increased by the expenses and taxes that were paid at the time when the property was purchased).

The present Capital Gain Tax rate is 19% that is applied to this difference in order to obtain the amount to be paid.

When signing the sale Title Deed in Spain, please note that the buyer, whether or not being a resident in Spain, will withhold 3% of the purchase price as a down payment on the tax corresponding to the non-resident capital gain.

This 3% will be deducted from the tax payable. On the other hand, if the amount withheld is greater than the fee to be paid, the excess can be returned, as well as in the event that there is no capital gain but rather a loss.

When the refund is requested, the Spanish Tax Administration will, if appropriate, practice provisional liquidation within a period of six months from four months after the sale. If the provisional settlement is not made within this period, the tax authorities will proceed to refund the excess over the self-assessed amount ex officio. After the six months mentioned above have elapsed without the payment of the refund having been ordered for reasons not attributable to the taxpayer, the corresponding interest for late payment shall be applied to the amount to be refunded.

The Tax on the Increase in Value of Urban Land Capital gain. The so known Plusvalía Tax in Spain.

The plusvalía tax in Spain is a tax payable by the seller as a result of the increase in the value assigned to the land at the time of sale, taking into account a maximum period of 20 years.

It is important to mention that the Spanish Constitutional Court has stated that the municipal capital gain is unconstitutional when the amount to be paid is greater than the increase actually obtained by the taxpayer.

The Constitutional Court in Spain declares that when there is an increase in the transfer and the fee paid is greater than the increase actually obtained by the citizen, it would be taxing a non-existent income, virtual or fictitious, producing an excess of taxation contrary to the constitutional principles of economic capacity and non-confiscatory nature.

The tax rate is set by each municipality, but may not exceed 30 percent.

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