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| Yearly Taxes and Fees on
Property Ownership |
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Yearly Taxes and Fees on Property Ownership |
A non-resident for tax purposes home
owner is liable for payment of the following each year:
1. Annual Real Estate Tax
This annual tax is handled by the Town Halls,
which rules over the extension of the municipality. This
tax varies from one municipality to another. Its Spanish
name is I.B.I., and will be determined by location, size,
nature of the land (urban or rustic nature) and the applicable
percentages which national laws leave to the discretion
of the Town Halls.
The base on which the tax percentage is applied is called
the valor catastral, which is the assessed value of the
home by the local authorities. This amount seldom
comes in round figures and it is the result of a number
of calculations performed by the relevant authorities.
This value can be expected to be from 20% to 65% of the
real market price. This should not be taken as a rule
since the local authorities are in the process of raising
these values to reflect the real selling prices.
Any reputable real estate agency should be able to provide
the buyer with a copy of the last I.B.I. receipt for informational
purposes.
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2. Property Income Tax
Non residents for tax purposes still
need to make a tax return in respect of the notional
letting value of the home. This tax return has to
be made whether the home is let to anybody or not.
Any home owner will possibly think that why pay
income tax when there is no income. The reason for this
tax to be in force is that the Tax Authority assigns
an imaginary income, or imputed income, or notional
letting value to the home, regardless of the owner
actually deriving an income from the home. The tax
base is the valor catastral, the local assessed value
of the home which can be found on a I.B.I. (Annual
real estate tax) receipt. The percentage then to be
applied is of 25% of a 2% of the valor catastral, in
other words, 0.5% of that value.
That 2% is the imaginary income the Tax Authority deems
appropriate, and the tax applied is of 25% on the buyer’s
imaginary income.
This tax is however due to disappear.
3. Property Wealth Tax
Although possibly not the proper legal
terminology, it is a close translation of the Spanish
name. This tax is levied on the capital assets, formed
mainly by real estate when applied to non-residents.
The base for calculating the Tax is the higher of either
the assessed value (Town Hall value), the assessed value
by the Tax Authority or the declared price shown on
the Public Deed of Conveyance when the home was
purchased. This real value is almost always the base
for calculating the Property Wealth Tax.
Residents for tax purposes are affected differently
with regards to this tax. They are required to declare
their worldwide assets. However, residents enjoy a reduction
on the tax base as well as deductions for debts against
a business, mortgage loans on properties and the corresponding
tax paid in their own country, as the case may be.
4 Community charges
Almost all properties in Spain are part
of a community of owners. This need arises when the
home owners own indivisible parts of the complex
where the home is located. For example, a communal
swimming pool or garden. But also the roof of the building,
the beams and the pillars, as well as the paint of the
facade. These facilities need to be maintained and therefore
a share of the total expense is allocated to each owner.
Community charges are not taxes, but they need to be
factored in the totals to calculate the annual running
costs of the Spanish Property.
Also, community charges are the most protected payments
any home owner needs to make. Payment default of
merely a couple months may give rise to swift legal
action and eventually the auctioning of the dwelling
to recover unpaid charges. Again, real estate agencies
should be able to provide the buyer with the exact amount
of these payments, and whether they are paid on a monthly,
quarterly or annual basis. The present article is intended
to give some guidance for a prospective purchaser of
real estate in Spain. The costs are likely to vary from
one area to another, and obviously, increase from a
smaller inland home to a larger coastal villa
Any reputable real estate agency will be able to provide
you with the base for calculating the annual real estate
tax and the home income tax (I.B.I. receipt). Likewise,
a figure for community charges can easily be obtained
from the real estate agency. The home wealth tax
can be calculated on what the real purchase price is,
although the figure is likely to be reduced , since
more often than not vendors will impose as a primary
condition for the sale to proceed that the declared
price on the Public Deed of Conveyance is reduced by
a fraction.
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This page has been reproduced
with the permission of Antonio Flores Vila of Marbella
lawyers.
Disclaimer:
Bargain homes abroad does not accept any liability
for the accuracy of the above legal articles and are intended
as general guidance, it does not constitute legal advice,
nor should it be relied upon, you should always consult
a lawyer to discuss your own personal situation. |
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