IMPORTANT INFORMATION
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PURCHASE OF PROPERTY
What is the step-by-step process for buying a property in the Spanish market?
Buying a property in Spain in both the secondary and primary markets requires certain steps and procedures.
Here is a general step-by-step guide for both markets:
Buying a property from the secondary market:
1. Property selection: Finding a suitable property, negotiating the price and setting the terms of the transaction.
2. Preliminary contract (optional): A pre-contract may be signed, which contains the terms of the transaction and usually requires a deposit. This is usually an amount of €3,000-6,000.
3. Legal survey: Hire a lawyer to carry out a title survey of the property and check that there are no encumbrances or debts. This is usually an amount (from €1600 to depending on the price of the property )
4. obtaining a NIE number
5. opening an account with a Spanish Bank
6. registering the property: Registering the property as the new owner in the local property register
7. signing of the sales contract: After a positive legal examination, signing of the sales contract before a notary. The reservation of the property in Spain is based on the signing of the preliminary sales contract. The document will specify the date for the signing of the notarial deed that will transfer ownership to you. In most cases, it is concluded for a period of 1-2 months, fully sufficient to complete all the formalities.
8 Signing of the notarial deed:
Signing the title deed and transferring the remaining amount of the purchase to the designated account will make you the owner of the property in Spain. Usually the Notary takes 0.20-0.50% of the value of the property.
9 Payment of the real estate sales tax (ITP): The buyer has to pay a tax on the sale of the property. This is 10% of the value of the property
Buying a property from the primary market:
1. Reservation: Selecting a property and making a reservation with payment of a usually small deposit.
2. Reservation contract: Signing the reservation contract, which sets out the terms of the reservation and the payment schedule. This is usually between €3,000-6,000
3. signing of the development agreement: After a certain period of time and once the conditions of the reservation agreement have been met, the signing of the development agreement before a notary. This is where the next payment for the property takes place
4. staged payments: Normally, payments for the property are made in stages depending on the progress of the construction work.
5. Legal survey: A legal survey of the property is carried out before the development agreement is signed.
6. VAT payment: Payment of VAT on newly constructed properties.
7. Registration of the property: Once the property is completed, registering it as the new owner at the local property register.
8. Acceptance of the property: Final acceptance of the property from the developer.
In both cases, it is important to use the services of professionals, such as lawyers and estate agents, to ensure that the transaction is carried out in accordance with current legislation and safely.
TAXES
– What taxes do foreigners pay when buying property in Spain?
Buying a house as a foreigner or non-resident expatriate is possible in Spain as long as a number of legal requirements are met. In fact, Spain is one of the most profitable countries to invest in rental housing, which undoubtedly attracts investors residing in all countries of the world.
– Tax:
Tax is an important factor when buying a house in Spain. You will need to calculate around 12% (or around 15% if you have a Spanish mortgage) on the agreed purchase price to cover the costs of the notary, the property registry and lawyer’s fees.
Clients considering summer, winter or long-term rentals are advised to consult their tax obligations with a legal representative. According to INE 2021, the majority of foreign investment is located in coastal cities, university towns or in the centres of large Spanish cities such as Barcelona or Madrid. The preferred destinations for foreigners to buy property in Spain are the Valencian Community, the Canary Islands and the Balearic Islands, as well as Andalusia, Catalonia and the Community of Madrid. These choices are not too different from Masteos’ survey of the best neighbourhoods in which to invest in flats in 2023, coincidence?
The profile of the foreign or expatriate buyer varies considerably depending on the buying strategy: some buy a house as a long-term rental investment, others as a holiday rental (e.g. family holidays or for their own pleasure) , although there is also a more residual part that buys with the intention of living and residing in Spain.
– However, what requirements do foreigners who do not live here have to meet in order to buy property in Spain?
– What taxes do non-residents have to pay?
– What are the first steps to investIf you are a non-resident foreigner and want to buy a property in Spain, read on, as this article will interest you!
– What does a foreigner need to buy a house in Spain?
* Buying as a tax resident in Spain.
If you are a resident of Spain, all you need is a resident NIE or NIF (if you have Spanish nationality). To apply for a mortgage, it is best to have an account with a Spanish bank so that you can enjoy the benefits of ordinary loans. If you are a Spanish resident, we recommend you find out more about the taxes you have to pay when buying a house.
* Buying as a non-tax resident in Spain.
Non-tax residents in Spain have a different process for buying a property in Spain and paying taxes. A foreign resident will need to apply for a NIE, either a temporary NIE for non-EU residents or a non-resident NIE for non-EU residents. Also, when applying for a mortgage, you will need to do so with a Spanish bank on the terms they offer you (remember, these are always negotiable).
Usually, mortgages for ‘non-residents or foreigners’ are less favourable, requiring up to 30% asset contribution and with higher interest rates than ordinary ones.
* Documentation to be provided
In terms of documentation, a non-tax resident in Spain must present the following to the bank in order to apply for a loan:
– Photocopy of NIE, DNI or passport
– A certificate stating that you are a non-resident
– A copy of your employment contract
– A copy of your most recent payroll from your country of residence
– Bank statement from the most recent year of the account to which the payroll is credited
– Certificate of tax residence
– Tax return
– Last three bills to pay off outstanding debts
– Contract for the purchase of the house (or deposit agreement if you do not already have a purchase and sale agreement)
– They may also ask us to translate the documentation (depending on the subject and the language)
* What taxes does a foreigner pay when buying a house?
When paying taxes, there are several important factors to consider:
The amount of taxation will depend on the Autonomous Community in which the property is purchased,
It will also vary depending on the condition of the property,
And depending on the tax residence of the owner.
Taxes when buying and selling a house
Taxes for new homes/primary market
VAT*.
10% on new construction dwellings
4% on housing covered by official protection
*VAT includes garages and extensions accommodating up to two spaces
Taxes Documented Acts (AJD)
Varies in each Autonomous Community from 0.5 to 1.5% of sales
This is a tax that is paid by the bank if applying for a mortgage or by the buyer if paying it in cash.
Taxes on second-hand houses/secondary market
Transmission tax (ITP)
Between 6 and 13% of sales depending on each Autonomous Community
Taxes Documented Acts (AJD)
Varies in each Autonomous Community from 0.5 to 1.5% of sales
This is a tax that is paid by the bank if applying for a mortgage or by the buyer if paying it in cash.
Property taxes
Income taxes
If you are resident in the EU, Norway and Iceland
-Deduction only for IRNR deductible expenses, which must be filed on Form 210
-19% tax rate
If you are resident outside the EU, Norway or Iceland (i.e. any other country)
– You cannot deduct any expenses and must submit form 210
-24% tax rate
-Check double taxation in your country of residence
Property taxes (IBI)
IBI is the tax that every investor must pay for owning a property in Spain (house, garage or premises). It is paid annually to the city council and is calculated based on the cadastral value of the house.
(Read more in a separate article)
Property taxes
This is actually a rare tax, mainly intended for large fortunes, as the law states that taxpayers who declare less than €700,000 are excluded from this payment.
It is important to know that taxes can vary depending on the type of rental agreement you choose to make renting a house profitable.
Where do I start when buying a property as a foreigner in Spain?
The basic points if you want to buy a property in Spain as a non-resident foreigner are:
1). get a NIE and
2). Calculate the total budget you need to invest.
Then you need to find a property that suits your needs and budget and, once found, start the bureaucratic procedures involved in buying and selling.
These processes are not always straightforward, which is why, I recommend that you contact me, a person who specialises in the purchase of property in Spain by foreigners and takes care of everything: I look for your investment, help you apply for a mortgage with a Spanish bank, we contact lawyers and notaries and accompany you through the whole process until you have the keys to your property. In short, Son Team Property is the solution to buying property in Spain for non-resident foreigners who do not want to do it themselves.
And you, are you still in doubt about what taxes you will have to pay in Spain if you buy a property as a foreigner?
IBI
Here are accessibly worded answers to the 12 most common questions about IBI tax:
This is a mandatory annual municipal tax for property owners.
An individual or legal entity that owns real estate as of January 1. In some cases, also a user, that is, a person who uses someone else's property and derives income from it, while maintaining the integrity and value of the property. For example, an heir to a property has the right to use it.
When a property is sold, who is responsible for the IBI in the year of the transaction? IBI is paid by the person who owned the property on January 1 of a given year. The new owner must pay the tax in the following year.
Yes, but under certain conditions. If the previous owner improperly accounted for the tax, the tax authorities will try to recover the amount due from him. If unsuccessful, you will be obliged to pay the tax owed to the previous owner. You do not have to pay a penalty, only the outstanding amount of tax. To avoid such situations, it is advisable to use the services of a reliable real estate agency, which will carefully check the history of the property and avoid unexpected costs.
This is usually paid by the landlord, unless otherwise specified in the lease. In the case of a long-term lease, the landlord may ask to transfer part of the fee obligation to the tenant.
By mail to an address in Spain. You can also set up payments from your bank account, in which case they will be automatically collected.
The final amount depends mainly on two factors: the cadastral value of the property (much lower than the market value) and the tax rate in a given municipality, which can range from 0.5% to 2% (in Torrevieja - 0.5%). The cadastral value depends on a number of factors, such as the age of the building, its condition and geographic location.
We recommend using the official state website. You can also contact 902-373-635 (Directorate General of Cadastre in Spain).
This depends on a number of factors, primarily the location. Differences can range from €10,000 to as much as €30,000.
Payments are always made in September, but the maximum deadline is October 2-5.
Late payment of tax carries a penalty of 5% to 20% of the tax amount.
In general, there are three ways to pay for IBI: - In person at civic service offices and by appointment. - Through the City Hall phone number. - Through the electronic headquarters of City Hall.