1. The derivatives of a mortgage loan to finance the construction, in a new work.Those attributable to the writing of new work and horizontal division of the new building.
2. The tax on the increase of the value of the land or the surplus value, in all the cases.
3. The derivatives of the intervention of a real estate agent, in all cases.
4. The connection of access to general supplies.
5. Derivatives of obtaining the documents to be delivered to the buyer.
6. Obligation to make the declaration of income the following year.
7. Pay IBI for the entire fiscal year in which the sale takes place.
8. Unless otherwise agreed, the tax on the increase in the value of urban land (municipal capital gains) is borne by the seller.

Usage: As a consequence of the transfer of ownership of a property or of the constitution or transfer of real property rights (for example a usufruct), the tax has to be paid on the increase in the value of urban land, Also known as surplus value.

In the case of sale of a property (floor, parking space, store, shop, house, etc.) the person, company or entity that sells has to pay the tax due to the increase in the value of the land while Owned. If the transmitter or seller is a non-resident natural person in Spain, the obligor to the payment will be the acquirer.

In the case of inheritance or donation, it is the new owner who has to pay the tax, with bonuses up to 95% in Barcelona by kinship and VHF.

Payment must be made within 30 business days from the date of transmission. In the case of inheritances, the term is six months from the date of death.

La cuota a pagar está en función del valor del terreno en el momento de la transmisión y de los años que el transmisor ha sido propietario de este (se calculan como máximo veinte años). Para determinar el importe, se multiplica el valor del terreno por el número de años que se ha tenido la propiedad y por el porcentaje anual  en el caso de Barcelona, el resultado se aplica el tipo impositivo, que es del 30%. Cuando el período es inferior a un año, se aplica el porcentaje del 4% anual en función de los meses completos, con excepción de las herencias en las que sólo se consideran años completos.

Declare the sale on the IRPF declaration: (if they reside in Spanish territory)

If the purchase price exceeds the sale price, there will be a capital gain that is taxed in the IRPF. It should be noted that the purchase price includes taxes paid on the purchase and improvements made in the property. The sales tax also includes the taxes derived from the sale. Obviously, if the sale price is lower than the acquisition price, it is considered that there has been an equity loss. The calculation of surplus value is made exactly as in 2015, the purchase price is updated by a coefficient and a tax rate is applied:

From 0 to 6,000.- € 19%

From 50,000.- € the 23%

From 6,000 to 50,000.- € 21%

It is not necessary to state:

1. The sale of the habitual residence by people over 65 is exempt from taxation.
2. The sale of the habitual residence by the under 65s is exempt from taxation (totally or partially) if within two years (before or after) the amount is reinvested in the purchase of a new habitual residence, not second residence. That yes, the exemption only applies on the part of the profit that is destined to buy another house. The one that is not used should tax.
3. The sale of housing, other than a regular home, may only be exempt if the person who sells it is over 65 years old and hires an annuity (with a maximum amount of 240,000 euros of sale price).
4. If the sale generates a loss of equity to the seller. Selling a house is associated with several expenses and if the sale price is lower than the acquisition price and, therefore, it causes a loss instead of an equity gain, it should not be taxed. Moreover, the handicap can be offset by gains made during the next four years.

The equity gain or loss is determined by the difference between the acquisition and transmission values ​​of the equity items:

1. The acquisition value is determined by the sum of three concepts and the subtraction of a quarter:

• Actual amount of the acquisition. When the acquisition of the item that is now transmitted has occurred for consideration, its acquisition value will be the actual amount for which it was acquired.
• Cost of investments and improvements. If investments and improvements have been made in the purchased items, their cost is added to the acquisition value.
• Expenses and accessory taxes. All the expenses and taxes inherent to the acquisition that have been satisfied by the acquirer, except for interest, are added to the calculation of the acquisition cost amount.
• Amortization. The amortizations that correspond to amortizable assets reduce the acquisition value.

      2.The transfer value is determined by computing two items, the actual amount of the alienation minus the expenses and taxes inherent to the transmission that have been satisfied by the      seller.

And so far our chapter of Expenses in the purchase of a home! Contact us if you have any questions.

As the retroactive nature of the procedural rules is not acceptable, the Audiencia Provincial de Girona has agreed to indicate that the obligation to submit a prior claim against the insurer, as a requirement for the admission of the claim established in art. 7 of Royal Legislative Decree 8/2004, in the wording given by Law 35/2015 of 22 September, is only applicable to traffic accidents occurring as of January 1, 2016.

In this way the AP of Girona considers the appeal filed by the plaintiff, revokes the order of the court that rejected the application for compensation claim for damages suffered as a result of a traffic accident occurred on April 29, 2015, For not accompanying the claim documents supporting the submission of the prior claim to the insurer.

The Court points out that the new legal regime is not limited to increasing the compensation amounts, but rather establishes a general regulation that aims to improve the protection of victims of traffic accidents, and in that line is framed the aforementioned art. 7 when it establishes that the prior claim to the insurer not only interrupts the limitation period, but also suspends it until notice is given to the injured party of the motivated offer or response.

The Audiencia considers that the procedural nature of this rule obliges to take into account the provisions of art. 2 LEC in the sense that the procedural rules will never be retroactive, as well as the provision in the transitional provision 4th CC, under which, in a case like this one, the plaintiff can choose between the previous or current rule . It also emphasizes that the inadmissibility of the claim would have a dramatic effect on effective judicial protection (Article 24 EC).

Consequently, it concludes that it does not make sense to require, when the accident to which the claim relates had occurred before January 1, 2016, that the claim be accompanied by the prior claim and that because the claim was not mandatory when the accident happened Nor, if it had been carried out, would have caused the victim to have the positive effects (interruption and suspension of the prescription) that derives from the norm that imposes it.

More information on the Judgment of the AP of Girona in "Legal News" --> Ver enlace

When dealing with a business transfer, you need to know all taxes associated with these types of contracts; And is that the price of the transfer could be affected. Another thing you should be clear about is that the taxes associated with business transfers are usually paid before starting the activity.

Regarding VAT, the operation of transferring business premises or transferring a business is regulated in:

-Article 7.1.a) of the LIVA: the transfer of a set of corporative and, where appropriate, incorporeal elements that form part of the corporate or professional property, will not be subject to VAT, provided that it includes the transfer of a commercial establishment Or of an autonomous part of a company with bodily elements and, where appropriate, incorporating them, jointly constitute a company or a part of a company capable of developing an autonomous economic activity, ie does not include the mere transfer of goods, Sale of stocks, or the sale of the business separately, in addition it should be noted that it is not necessary for the acquirer to carry out the same activity as the transferor.

However, even if the transfer of business premises or the transfer of a business is not subject to VAT, the transferor must issue an invoice without VAT, for the amount paid for the transfer or assignment of the business.

However, this is not the case, in the case of the owner of the premises, when he receives a part of the transfer. In this case the owner will issue an invoice to the old tenant, for that amount plus 21% for VAT, minus the corresponding withholdings.

As for the income received by the former tenant for the transfer of the business premises or for the assignment of business, must declare and tax in the IRPF as equity gain, which will be calculated by deducting from the amount of the transfer the net value of the assets And rights delivered.

In the event that the former tenant is a company, this tax must be taxed in the Corporate Income Tax (IS).

The owner, in the case of receiving a part of the transfer, must register it as a return on the real estate capital in his personal income tax return, if he is a natural person, being able to apply a reduction of 40% when it is a rent obtained irregularly in time.