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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 Buyer pays using Form 211 and deducts this amount of what is owed to the Seller who reclaims 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

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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

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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.

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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.

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Property Prices Slowly Rise

Property Prices Slowly Rise in Spain

Andalusia once more posting strong results as property prices continue to rise in Spain.

Good news from the Institute of National Statistics for Spain (INE) – the property market continues to bounce back. House prices continue to rise albeit slowly. Andalusia strong in new builds and climbing steadily in Resales. The first quarter of 2016 is still the highest average figure for sales, notwithstanding, the Real estate Market is moving again. If you are considering buying a property, now is the time to commit, before prices rise even higher. Those of you thinking about selling, the average time for sale of a property is approximately 9 months – beat the trends and list with us!

HPI – SECOND QUARTER 2017

  • Housing prices are up two points over the previous quarter.

Annual evolution of housing prices

  • The annual variation of the Housing Price Index (IPV) in the second quarter of 2017 increased by three tenths and stands at 5.6%.
  • By type of housing, the annual rate of new housing prices is 4.4%, more than one point lower than the previous quarter, with consistent growth in property sales for Andalusia.
  • Meanwhile, the annual variation of Resale housing rose by half a point, to 5.8%.

Property Prices Slowly Rise

Quarterly evolution of housing prices

  • The quarterly variation of the general HPI in the second quarter of 2017 is 2.0%.
  • By type of housing, new housing prices rose 2.6% between the first and second quarters of 2017. Whilst, ‘second hand’ or ‘resale’ home prices rose 1.9%.

Property Prices Slowly Rise

Results by Autonomous Community. Annual variation rates

  • A total of eight autonomous communities increased their annual rate in the second quarter of 2017. The highest increases are recorded in the Balearic Islands, the Basque Country and Cantabria, with increases of 1.9, 1.2 and 1.1 points, respectively.
  • Andalusia is up 0.3 points over the last quarter.
  • In contrast, the greatest decreases of the annual variation occur in Aragon, Principality of Asturias and Castile and Leon, with declines of 2.1, 1.7 and 1.0 points, respectively.

Annual HPI Rates Second Quarter 2017

Property Prices Slowly Rise

Results by Autonomous Community. Quarterly variation rates

  • Most of the Autonomous Communities have positive quarterly rates in the second quarter of 2017.
  • Community of Madrid, Cantabria, Basque Country and Catalonia recorded the highest increases (of 3.4%, 3.2%, 2.9% and 2.9%, respectively).
  • Andalusia once more posted a strong quarterly variation rate of 1.6%
  • For their part, Principado de Asturias (-1.0%) and Extremadura (-0.2%) are the only communities with negative quarterly variations.

Property Prices Slowly Rise

 

These statistics are taken direct from INE’s Press Release dated 8 Sept 2017.

If you are thinking of re-entering the property market in Andalusia as either a Buyer or Seller and are in the provinces of Cadiz or Malaga, get in touch to see how we can help.

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Related Posts: 2016 Growth    First Quarter 2017   Brexit Initial Response

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Property Sales Buoyant

Property Sales Buoyant After BREXIT and Fixed Rate Mortgages Increase

Spai

Property Sales Buoyant

The price of housing in 2016 increased (on average) by 5.7% over 2015, according to the Association of Property Registrars.

The purchase and sale of registered property in the fourth quarter reached 93,423 transactions, 11.2% more than in the same period of 2015 and the best result of any fourth quarter in the last seven years.

Over the whole of 2016, the market surpassed the barrier of the 400,000 conveyances: 403,743 operations, showing an increase of 13.9%.

Property resales rose by 18.5%, while new housing experienced a decrease of 3.2%.

Of the total transactions, 13.3% were made by foreigners (about 53,000 transactions).

By nationality during the fourth quarter, not put off in any way by Brexit, The British led with 16.4%, followed by Germans (9.2%), French (8.5%), Swedes (6.4%), and Belgians (6.3%).

Mortgages – Sales Buoyant after Brexit

  • Average mortgage of 111,656 euros
  • The average mortgage in 2016 was 111,656 €, resulting in a year-on-year increase of 2%.
  • 31% of new mortgage loans are fixed interest rate, a new historical high.
  • 2.4%, is the initial interest rates for new mortgagors, similar to the 2016.
  • The length of mortgage taken out decreased slightly during the fourth quarter, to 23 years and two months.
  • The average monthly mortgage rate in 2016 stood at 522.60 euros (2.7% less than in 2015), eating up an average of 27.5% of salary.

Brexit No Sweat

It will be Wednesday 29 March when the United Kingdom activates Article 50 of the Treaty of Lisbon, the mechanism that initiates the process of Britain leaving the European Union.

Around 284,000 Britons, according to official data, reside permanently in Spain.

British Residents in EU

The National Bureau of Statistics has updated the figures of British residents in the European Union, and vice versa. About 900,000 Britons are scattered throughout the EU, while 3.1 million Europeans live in the United Kingdom.

Brits Choose Spain

Spain is the EU country where most British people live (308,805). However, it is ninth in the list of countries whose citizens move to Britain, behind Poland, Ireland, Romania, Portugal, Italy, Lithuania, France and Germany.

London waits to see what the EU proposes for British residents in the 27 countries in order to match the arrangements and provide certainty.

Spain - The Lifestyle Choice

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