Real state law

Real state, property and land law

Taxation in the assignment of a sales contract

The assignment of a contract in general is a legal figure that is not expressly regulated in our legal system. However, the definition of assignment of credits is included in the Civil Code, Article 1.526 et seq. This assignment of credits gives rise to the legal acceptance of assignment contracts of any type, all of […]

Sale of primary residence by persons over 65 years of age

Dear reader, if you intend to sell a house, you should know that the sale of the same will generate in you a capital gain or loss in accordance with the provisions of article 33.1 of Law 35/2006, of 28th November, on Personal Income Tax, (hereinafter, LIRPF).  The amount of this capital gain or loss will be […]

Distinguishing Between Taxes on Property Purchases and Sales: VAT or ITP-AJD

Every day the different Tax Offices[1] are making the application of the regulation more complex, since both want to charge their taxes and they fight among each other to obtain the tax, especially when it is high, as is usually the case with property purchases and sales. At first glance it might seem a trivial […]

Why Finance with a Property Lease?

In a company, the decision to finance the purchase of a property with a financial product or other is not insignificant. In the majority of cases a mortgage is used, however, there are other finance products that deserve to be studied, particularly property leasing, in order to make an educated decision on how to acquire […]

How Does VAT Work for Holiday Rentals?

We are currently experiencing a boom in the rental of so-called “holiday apartments”, caused by the increase in tourists and the tourist sector in general that Spain is suffering. There are many doubts surrounding the taxation of this type of rental, so, in this post, with the help of our tax lawyers, we’re going to […]

How to apply for the refund of VAT or compensate the paid VAT?

If you have read our previous post “When do we apply VAT to a purchase of urbanised land“, you will know that we are buying a plot of land that is urbanised or in the process of being urbanised, for which we will be paying VAT at 21 %.  Assuming for example that the price […]

When do we apply VAT to a purchase of urbanised land

When buying urbanised land, a very clear distinction must be made between the two important taxes that can be applied, of which one excludes the other. It is important to know that it is possible to apply VAT on the purchase of a plot of land, as the VAT paid on the purchase can be […]

How to obtain the resident permission in Spain

The worldwide crisis we have been suffering since the end of 2006 lead to the approval of new legislation in nearly every country within the European Union to attract people with high purchasing power into their country, for this reason, Spain has taken advance of this situation to adopt the Law 14/2013, of the 27th […]

Did you pay a developer for a property that was never finished? Now you can get your money back.

If you signed a purchase contract with a developer, gave in your money and your house was never finished, within your desperate situation, we have good news. There are affected people who are now recovering the money they paid upfront plus a 6 % interest. How? Well, they have passed their case on to hands […]