Warning: The information set out below is a general guideline provided by DOMENECH ABOGADOS.
Specific advice should be sought before any action in reliance on it is taken, as explained more
fully in this website's
legal notice.
All foreign investors in Spanish property should know that, in order to make a
safe investment, a preliminary search in the relevant Land Registry and verification of local
planning permissions, if appropriate, is of paramount importance. It is also very important to check whether the seller is a Spanish resident for tax purposes. If he is not, the buyer will have to withold 3% of the purchase price and pay it to the tax authorities as a contribution to the possible capital gain tax that may arise for the seller as a result of the transaction.
These prior searches are aimed at ensuring that the prospective seller has good
title to transfer the property and that the property itself is not subject to any charges, liens or
damaging development schemes.
Unfortunately, it is too often the case that documents agreeing to purchase or
pay a deposit are entered into before such issues have been checked by a legal advisor, thus
triggering undesired consequences.
Once prior searches prove satisfactory, any purchase and sale agreement must be
formalised by means of a notarial deed signed before a Spanish Public Notary. This is the only way
which allows a purchase to be registered in the Land Registry.
Accordingly, it is very much in the best interests of the foreign purchaser to
instruct Spanish lawyers (like DOMENECH Abogados) to act in his behalf in order to ensure that
all searches are properly done, that all relevant documents are correctly drafted, that the
notarial deed of purchase is finally duly registered with the relevant Land Registry and that the
change of name for the purposes of local taxation (Impuesto sobre Bienes Inmuebles) is
completed.
Whenever a foreign individual acquires real estate in Spain, considering how to cover these assets by means of appropriate testamentary dispositions should also be dealt with in order that the
property can pass to his/her heirs without difficulty.
Foreign individuals owning Spanish real estate are subject to Spanish Income and, depending on the value, might also be subject to
Wealth Tax in relation to such property, needing to file the appropriate tax returns on a yearly
basis.
When the purchaser is a foreign company, GEBI (a specific tax charged to such
foreign companies) will generally be applied instead of Spanish Income or Wealth Tax. GEBI is
levied at 3% on the value assigned to the property by the local authorities. In certain
circumstances, exemptions from this tax may be obtained.