Is the Spanish Government trying to promote property sales or what!!
Posted: 25 September 2010 11:49 AM  
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All of us who are trying to sell our property here know how difficult it is. This new tax is not going to help. The Government should be lowering taxation on property sales to encourage buyers, not frightening them all away. Check this out.

http://www.dailymail.co.uk/property/article-1313617/Britons-facing-new-taxes-bargain-Spanish-properties.html

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Posted: 25 September 2010 01:32 PM   [ # 1 ]  
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This is a typically biased British newspaper report -

“‘The value of a property is whatever someone is prepared to pay for it, and this is extortion.’

is a quote from the article - yes this is maybe true in a market sense but from a taxation point of view it is not. The official taxation values are available and must always be borne in mind in a Spanish property transaction. So these people should have had better advice. After all does not the UK government base property taxes on official valuations?

As always the UK papers like to undermine the Spanish dream by distorting the facts or failing to research and understand them.

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Posted: 25 September 2010 04:49 PM   [ # 2 ]  
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Rob. I think you have misunderstood the problem. You might understand better if I relate the experience of a couple I recently met, who purchased a property at a knocked down price. This couple decided that now, must be a good time to purchase, as there are many bargains to be had. They made an offer which was accepted by the sellers. Before proceeding further, they met with a very reputable abogado who explained everything regarding what extra costs would be involved.

They purchased the property and paid the notary, IVA, registration etc etc. According to the abogado and their agent they had no further costs to pay. Wrong! The registration cost was paid relating to the purchase price, but the now the very unhappy owners have received a letter for the authorities informing them that they do not take into account that the property had lost value due to the current situation. Registration costs have now been recalculated to a figure that the tax people consider the property should be worth, not what it was sold for. Obviously the buyers would not have bought if they had known at the beginning that the tax people can put any valuation on a property in order to get more tax. The new valuation has nearly doubled the amount that is now liable for tax.

The same applies for foreigners importing cars from the EU. When you apply to import your car, unless you are very lucky, the calculations for tax are based on trafficos figures not on what you paid for the vehicle. I know of people who have presented the invoice of what was paid outside of Spain in another EU country, which has been completely ignored and a higher valuation made.

I presume Rob that you are not currently thinking of selling your property, if you own one of course. If you were selling no doubt your understanding of this new legislation might be very different. There are many expats here, and for whatever reason may be in a position that they are forced to sell and return to their home country. Additional purchasing costs are certainly not going to help to regenerate sales here.

In your reply you write that “the official taxation values are available and must always be borne in mind in a Spanish property transaction. So these people should have had better advice. After all does not the UK government base property taxes on official valuations?” Regarding this new tax legislation. It is impossible to confirm either way if registration tax will be revalued or not before the purchase. What is done in England Rob has no bearing whatsoever on what happens here. Try telling this to a potential buyer from Latin America where additional buying fees are minimal.

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Posted: 25 September 2010 08:22 PM   [ # 3 ]  
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No Sir I am afraid it is you who is confused.

For many years under declaring values has been a popular way of reducing the taxes due on property purchases and in a way us foreigners probably find peculiar the Spanish have allowed this to go on in the past.

Now times are hard the Spanish tax man is more vigourously applying the rules - I quote you from David Searls You and the Law in Spain book:

” ....Spain’s Tax Agency, Hacienda (AEAT) maintains its own tables of values on property, and they are empowered to set a higher value on a sale if they judge the declaration to be under market value…..If in doubt you can ask the tax office what value they will accept in any particular property - inquire at Oficina Liquidadora - the payment office at your local tax office.”

I am not commenting on the morals of this - just the facts of the matter. My Spanish brother in law received a tax bill for additional monies due after an under declaration.

This issue has been a round for a while.

The same logic also applies to car sales transactions - the vehicles value and thus tax due is set in official tables, regardless of the price agree and paid between seller/buyer.

And by the way I own several properties and have bought and sold many others during my 10 years in Spain and would currently like to sell my villa.

Anyway - I will leave it now for others to comment as they see fit.

Buyers should remember they are still acquiring property at bottom of the market prices.

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Posted: 14 October 2010 04:33 PM   [ # 4 ]  
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ROB1305 your information is spot on.

and
donkeyoatay I have to say, that lawyer may have been reputable, bit not very efficient if he did not make the basic effort to find this information. it only involves having the basic land registry information on the property and making 1 phone call.

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Posted: 25 November 2010 04:24 AM   [ # 5 ]  
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The same thing is happening in the Canaries. New buyers, unaware of the way the system works are receiving revised valuations after their property purchases and end up with a tax bill for the difference after they have purchased a discounted property.

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