In the complex tax framework governing real estate transactions in Spain, various taxes play a crucial role, determining the final cost of acquiring or transferring a property. One of the most relevant taxes is the Transfer Tax (ITP), which taxes the transfer of assets and rights such as the sale of used homes. This tax is calculated based on the real value of the property or on a reference value established by the administration, which can significantly influence the amount to be paid.
In addition to the ITP, another important tax is the Value Added Tax (VAT), which applies to the purchase and sale of new properties, such as newly built homes. The tax rate may vary depending on whether it is a primary residence or not, as well as other particular circumstances.
On the other hand, when formalizing certain legal documents, such as public deeds or private contracts, the tax known as Documented Legal Acts (AJD) is generated. This tax taxes the notarization of certain documents, with its tax rate varying depending on the autonomous community.
In addition to the aforementioned taxes, when selling a property, the municipal capital gains tax must be considered, a local tax that taxes the increase in the value of urban land experienced over a certain period. This tax may vary depending on the location of the property and the length of time it has been owned.
For those who are not tax residents in Spain, the Non-Resident Income Tax (IRNR) is applied when obtaining capital gains in the country. This tax may be 3% on the cadastral value of the property in the case of property sales.
In terms of tax compliance, Models 210 and 211 are relevant. Model 210 is used to declare the IRNR, while Model 211 is used to declare the ITP in cases where a reference value has been established by the administration.
In summary, the purchase and sale of real estate in Spain involve a series of tax obligations that must be taken into account by the parties involved, from calculating taxes such as the ITP and VAT to filing models such as 210 and 211, ensuring compliance with current tax regulations.
