Real state law

Real state, property and land law

New rules for Tourist Accommodation: How does the One-Stop Shop affect the Property Registry?

Vivienda Turistica Ventanilla Unica

Short-term rentals in Spain have grown exponentially in recent years, generating intense debate about their impact on the Real Estate Market, housing affordability, and neighbourhood coexistence. On January 2nd, 2025, Royal Decree 1312/2024 was approved, introducing the Digital One-Stop Shop for Rentals and a new mandatory Registration System for these rentals. It will not come […]

Tax differences between renting a home to a family member or to a third party

Alquilar Tu Casa A Familiar

Let’s suppose that the reader has a second home that he does not usually use but that he does not rent either, that is, he has it at his disposal. At a family meeting, her brother proposes to rent the house. You don’t think about it because he is your brother, you have total trust […]

Requirements for the application of the tax rate reduction 2% on buying and selling properties

Gravemen Reducido 2 Por Ciento 1

We are seeing the attempts of the Andalucian Tax Agency to carry out complementary settlements to businessmen and professionals who are dedicated to  purchase and sale of real estate, applying the reduced rate of 2% in TPO, as permitted by the tax regulations on property transfers and legal acts documents registered in this autonomous community. […]

THE CONTRACT OF SALE OF REAL ESTATE

Compraventa Inmuebles

FORMS OF TRANSFER OF OWNERSHIP FOR IMMOVABLE PROPERTY A purchase contract can be defined, in general terms, as a contract in which one of the contracting parties undertakes to deliver a certain thing and the other to pay a certain price for it, in money or a sign that represents it. In our law firm […]

Taxation in the assignment of a sales contract

Tributacion Cesion Contrato Compraventa

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

Venta Vivienda 65

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

Iva O 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?

Leasing Prestamo Hipoteca 1

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?

Iva Apartamentos Turisticos 02

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?

MODELO303 Big A4 Paper Mockup V1

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 […]