Call now: (+34) 647 266 435     (+34) 956 642 171

News and Views

withholding tax

Non Resident Withholding Tax on Sale of Property

retencion 3%

3% Withholding Tax for Non Residents

Non residents selling a property in Spain are not always easy to track down after the sale. For this reason the government makes the Buyer withhold 3% of the Purchase Price and pay it to the Treasury. This has to be done even when the Seller has made no profit from the sale.

Naturally, the Seller then gets to reclaim this amount.  In a nutshell, the Seller pays using Form 211. You reclaim at end of calendar year (Jan 1st – 20th) using Form 210.

The Seller passes the Buyer a copy of the Form 211 so the Seller can deduct this amount from the amount to be paid resulting from the declaration of the gain. If the withheld amount is greater than the amount payable, the refund of the surplus can be obtained.

The tax has to be made by the Buyer because otherwise the property will be subject to the payment of the smaller amount of the withholding tax.

There are 3 main scenarios when deductions can be made: No gain, partial gain and a gain but the property was your permanent home and you’re rolling the gain into another permanent home. Naturally, this last example is a tad unusual for a non resident.

Tax return form

Form 210, approved by Order EHA/3316/2010 of 17 December, declaring income type 28. However, when the exemption for reinvestment in a permanent home is applied, the type of income will be declared as 33 or 34, as corresponds.

Filing methods

  • on paper, generated as a result of printing the PDF form contained in the web portal of the Tax Agency.
  • online, via Internet.

When the property is of shared ownership by a married couple in which both spouses are non-resident, unlike normal requirements, you can make a single self-assessment for both or you.

Term: three months from the end of the period which the purchaser of the property has to deposit the withholding retention (this period is, in turn, of one month from the date of the sale).

Refund of the withheld surplus

In the case of capital losses, or if the withholding made is greater than the liability which should have been deposited, the taxpayer is entitled to the refund of the withheld surplus. The refund procedure starts with the filing of the tax return form.

Treasury Accountability – Late Refund

The Tax Agency may apply a provisional settlement within the six months following the end of the established period for filing the return. When the return is filed late, the six months will be counted from the filing date. If the provisional settlement is not made within this six-month period, the Tax Administration will refund any surplus paid above the self-assessed amount. If you still haven’t got your refund back after six months from filing date and it is not your fault, you will get a late payment interest added to the amount pending refund.

More Information from Spanish Tax Office

. . .
July 2018 Housing Figures INE

Property Sales Registered July 2018

Property Sales Nationwide Buoyant

The national statistics for all of Spain are again positive news for the ongoing recovery of the property market. In July, 169,683 properties were registered at land registry, 14.5% up on the same month of 2017.

Of these the number of property conveyances was 89,092, which is an annual increase of 13.5%.

Sales registered at Land Registry

The breakdown of rural and urban properties shows a high percentage of urban property sales in July of 87.8% and 12.2% for rustic properties. Among urban properties, 58.7% were housing sales.
In July, the number of rustic property sales was up by 8.3% year on year, while that of urban properties rose by 14.3%. This was an annual increase of 16.2% for urban property.

Council Owned and Private Property

In July, 90.5% of the dwellings transferred by sale were free-market dwellings and 9.5% had protected affordable housing status. In annual terms, both the number of free-market dwellings transferred by sale and that of protected dwellings increased by 16.2%.

New and Resale Properties

In July, 16.9% of the dwellings transferred by sale were new and 83.1% were used. The number of transactions on new dwellings increased by 11.4%, while that on used
dwellings increased 17.2% as compared with July 2017.

Figures for Andalusia July 2018

There were 27,743 property transfers recorded in the land registries for July 2018 and of these, 8,730 were free market sales. In percentages, this shows an increase year on year of 20.4%. This equates in Andalusia to 132 transfers per 100.000 inhabitants for sales. And 421 per 100,000 for transfer of title as a result of inheritance, free market sales, and other changes in property title. Andalusia came just a little above the national average, significantly below Aragón (32%) but only 6 – 7 percentage points lower than the next top performers Galicia (28.6%) and Castilla–La Mancha (27.1%).

July 2018 Housing Figures INE July 2018 Housing Figures INE July 2018 Housing Figures INE July 2018 Housing Figures INE

The figures for June 2018 are available here:

Source INE

. . .
property sales June 18 Andalusia

Land Registry Figures Spain June 2018

June 2018 Property Transfers Spain

Nationwide, in June 2018, there were 172,265 properties registered at the land registries in Spain, that is 3.6% up on the same month last year. Of these, residential property sales were up by 1.8%

As we are based in Andalusia, our focus is on this autonomous region. Naturally, the figures taken from the INE are there for all to see and extrapolate as they wish for all areas of Spain.

The graphs below show a combination of rustic and urban properties, (STPR1), then a break down of only rustic, (STPR2), only urban, (STPR 3), and finally the figures for residential property, (STPR 4).

property sales June 18 Andalusia

Property Transactions June 2018 Andalusia

As we can see, in June 2018 in Andalusia, of the 30,356 property transactions, more than three times as many were in the urban sector compared to rural. Andalusia recorded the highest figures for urban plots of land transferred with 1,624. This compares with Cataluña in second place showing 1,366 transfers of land. In third place, with 624, lies Castilla & León – a long way behind, relatively speaking. In Andalusia this rush for buildable plots coincides with the hunt by constructors and promotors of new off plan projects – such as The Pier. This is a new off plan development in Sotogrande Port by a famous UK company with a stalwart reputation. Nationwide, 18.2% of properties sold were new builds – a clear indicator of the confidence returning to this sector.

property sales June 18 Andalusia

Rustic Property Conveyances Andalusia

The number of rustic properties transferred to new owners reached 4,650 in Andalusia. For the second consecutive month there was a high acceptance of inherited property in Andalusia. As commented last month, this will be heavily influenced by the relaxed rules on taxation of inheritances when between close blood relations. Per stirpes succession laws operate for intestate estates in Andalusia and throughout Spain. So, 1,727 inherited rustic properties were claimed and this amounts to almost 40% of the total for Andalusia. This compares with 1,850 sold on the open market which is a healthy balance to guarantee a fluid property market. The nationwide figures for sales of rustic properties were around 35% so sales for Andalusia were above average. This is not hard to understand when we see properties such as this, with a quarter hectare, 2 beds 1 bath on sale for only 190,000€ There is real value to be had there.

property sales June 18 Andalusia

Urban Residential and Commercial Andalusia

Looking now at urban properties, it is clear that this pattern repeats itself with healthy property market sales. More than half of the property transmissions, residential and commercial, were on the open market with 14,745 out of a total of 25,706 in Andalusia. There is healthy interest in investment opportunities such as land and property to convert to rest homes. This offering here would be ideal.

property sales June 18 Andalusia

Residential Sector Sales June 2018 Andalusia

Finally, focusing on the residential sector in Andalusia for June 2018 compared to the same month year on year. 9,165 properties were bought and sold at arms-length trading on the open market. This accounts for almost 60% of all activity and inheritances amount to around 17% There is growing interest in properties that require moderate reforms especially where they are well located in the centre of popular villages. For example this one in Jimena de la Frontera

With savings in bank accounts still not yielding investment income, it seems for those that have the ability to buy Spanish property, now would be a great time to do so.

. . .

Holiday Makers Spain & Andalusia June 2018

Non Hotel Tourist Accommodation in Spain

These statistics show the supply and demand for holiday accommodation in June 2018 both nationwide and in Andalusia. More than 12.2 million overnight stays are great news for property owners interested in short term lets. This is slightly down on last year, but still shows strong demand.

Broad Stroke Figures Nationwide

The national statistics for overnight stays in non-hotel tourist accommodation are down by 3.8% in June compared to the same month of 2017. Yet, even so, numbers exceeded 12.2 million in June 2018
Figures may be marginally lower for several reasons including staff strikes at airlines and the heat wave which is affecting many countries this year.

Tourist apartments

Overnight stays in tourist apartments decreased by 8.1% in June. Those of residents decreased by 5.2% and those of non-residents by 9.0%. The average stay was reduced by 4.8% compared to June 2017, standing at 5.3 overnight stays per traveler. In June, 37.9% of the places offered by the tourist apartments were occupied, 7.1% less than in the same month of 2017. The occupancy rate by beds on weekends stood at 41.2% , with a decrease of 5.8%.

Touristic Apartments – INE Spain and Andalusia

Tourist Accommodation 2018
Spain 2018
Tourist Accommodation 2018
Andalusia June 2018

Resident and Non Resident Overnight Stays

These figures are further broken down into Resident and Non resident occupancy of accommodation.

Overnight stays of residents decreased by 0.3 % and non-residents 6.0%. The average stay is 4.3 overnight stays per traveler. During the first quarter of 2018, overnight stays decreased by 2.9% with respect to the same period in the previous year.

Visitors to Andalusia – both Residents in Spain and Non Residents in Spain showed healthy figures in June 2018, up year on year to those of 2017. 2018 has been a success for many owners who offer short term lets.

It goes without saying that our advice when buying a property is to also take into account the short term holiday market and depending on where you buy your investment property, also consider the business community who make overnight stays for business purposes.

Rural Tourism Inland Andalusia

Statistically, the Spanish National Statistics Institute looks at 2 categories that affect ordinary small investors: Tourist Accommodation which is coastal usually – for example Sotogrande, and the rural sector, such as Jimena de la Frontera.

Tourist Accommodation June 2018
June 2018 Spain
Tourist Accommodation June 2018
June 2018 Andalusia

 

 

 

 

 

 

 

 

 

 

 

 

Contact us to buy or sell properties. We also offer long term lets for rental.

. . .
ventas suben mayo 2018

Land Registry Busy May 2018

Transfer of Property Rights (STPR) May 2018

  • 183,748 property transfers recorded in May 2018
  • Up almost 10% year on year compared to May 2017
  • Sales of Residential Properties up almost 5% May 2018 compared to May 2017

Spain Official Figures May 2018

These are the official figures released by the Spanish National Statistics Office with reference to the Property Market in Spain. Sales nationwide account for 93,366.

Property Transfers May 2018 Spain

 

Less Properties Sold May 2018

The property boom has settled down with many of the bargains now snapped up. Traditionally May is a popular month for buying and selling of properties so these figures are indicative of a slowly re-emerging market where the distressed sales are now dissipating. There are still bargains to be had, but fewer than the same time last year. These figures reflect that reality.

Statistics on May 2018 Property Rights

Andalusia Figures May 2018

In Andalusia in May 2018, a total of 32,761 property titles changed hands.  This shows an increase of almost 20% which is double the national average. It is important to note that not all of these were property sales. Conveyance sales also showed an increase year on year in Andalusia of almost 5% with 47,177 properties acquired by notarised title deeds.

Property Sales May 2018

 

Rustic and Urban Sales May 2018 Andalusia

As can be seen from the tables below, 5,261 rustic residences changed hands as well as 17,104 urban homes in the autonomous community of Andalusia. Of these, 2,145 rural properties were bought and sold compared to 14,925 urban dwellings.

Property Sales May 2018

 

Property Sales May 2018

 

Property Sales May 2018

 

Beneficiaries Claim Properties Inherited in Andalusia

the Inheritance Laws changed in Andalusia with more generous allowances based on personal income. this could well account for the higher than habitual number of beneficiaries claiming their inheritance. In previous years it has not always been worthwhile paying the taxes levied against the bequeathed property. Roughly 25% of the conveyances have been bequests compared to purchases.

 

Property Sales May 2018

In summary, sales of properties in Andalusia are continuing at a relaxed pace and have fallen off slightly from the same time last year as a probable result of bargain properties being scooped up. there are still bargains out there, especially in rural areas where properties with minor reforms required could yield great deals in the short to medium term.

""
1
I'd like to know more . . .
First Name
Last Name
Mobile
keyboard_arrow_leftPrevious
Nextkeyboard_arrow_right
. . .
Brexit EU-27 Citizen Protected

Brexit – Brits Abroad and EU Citizens in Britain

Brexit EU-27 Citizen Protected Brexit EU-27 Citizen Protected

Resolution to Protect Citizens

In brief, Brexit talks pivot around sequencing which creates a barrier to any bilateral agreements before withdrawal and the key principles identified in the withdrawal agreement.

All sides agree that protection of individuals is crucial and that many EU Citizens live in Britain. Plus, many Britons live in other EU countries. This is reassuring yet very little real progress has been made. In the absence of real progress, life continues as normal.

April 5th 2017 a resolution was passed. This was updated a year later. But, in truth, it is more of the same.

Below is an abbreviated summary.

Key Principles – With Which Negotiations Will Advance

An overwhelming majority of the house (516 votes in favour, 133 against, with 50 abstentions) adopted a resolution officially laying down the European Parliament’s key principles and conditions for its approval of the UK’s withdrawal agreement. Any such agreement at the end of UK-EU negotiations will need to win the approval of the European Parliament.

European Parliament resolution of 5 April 2017 on negotiations with the United Kingdom following its notification that it intends to withdraw from the European Union

Sequencing of the negotiations

  1. Notes that an agreement on a future relationship between the European Union and the United Kingdom as a third country can only be concluded once the United Kingdom has withdrawn from the European Union;

Withdrawal agreement

  1. States that the withdrawal agreement must be in conformity with the Treaties and the Charter of Fundamental Rights of the European Union, failing which it will not obtain the consent of the European Parliament;
  2. Is of the opinion that the withdrawal agreement should address the following elements:
the legal status of EU-27 citizens living or having lived in the United Kingdom and of United Kingdom citizens living or having lived in other Member States, as well as other provisions concerning their rights;
the settlement of financial obligations between the United Kingdom and the European Union;
the European Union’s external border;
the clarification of the status of the United Kingdom’s international commitments undertaken as a Member State of the European Union, given that the European Union of 27 Member States will be the legal successor to the European Union of 28 Member States;
legal certainty for legal entities, including companies;
the designation of the Court of Justice of the European Union as the competent authority for the interpretation and enforcement of the withdrawal agreement;
  1. Requires the fair treatment of EU-27 citizens living or having lived in the United Kingdom and of United Kingdom citizens living or having lived in the EU-27 and is of the opinion that their respective rights and interests must be given full priority in the negotiations; demands, therefore, that the status and rights of EU-27 citizens residing in the United Kingdom and of United Kingdom citizens residing in the EU-27 be subject to the principles of reciprocity, equity, symmetry and non-discrimination, and demands moreover the protection of the integrity of Union law, including the Charter of Fundamental Rights, and its enforcement framework; stresses that any degradation of the rights linked to freedom of movement, including discrimination between EU citizens in their access to residency rights, before the date of withdrawal from the European Union by the United Kingdom would be contrary to Union law;
  2. Stresses that a single financial settlement with the United Kingdom on the basis of the European Union’s annual accounts as audited by the European Court of Auditors must include all its legal liabilities arising from outstanding commitments as well as making provision for off-balance sheet items, contingent liabilities and other financial costs arising directly as a result of the United Kingdom’s withdrawal;
  3. Recognises that the unique position of and the special circumstances confronting the island of Ireland must be addressed in the withdrawal agreement; urges that all means and measures consistent with European Union law and the 1998 Good Friday Agreement be used to mitigate the effects of the United Kingdom’s withdrawal on the border between Ireland and Northern Ireland; insists in that context on the absolute need to ensure continuity and stability of the Northern Ireland peace process and to do everything possible to avoid a hardening of the border.

Restatement of Key Principles

Brexit EU-27 Citizen Protected

The Resolution of 9th March 2018 reiterates the importance of securing equal and fair treatment for EU citizens living in the UK and British citizens living in the EU and restates points above.

Everything else to date is mere puff, but with all parties committed to Natural Justice and Fairness there is every expectation that properties and ability to reside in other EU countries will remain protected.

Tracy Thomson

Brexit Text Adopted by EU_EN Brexit Approved text_ES

. . .
1 2 3 5