Practice Area
Whether buying, selling or relocating our dedicated Real Estate Legal Services ensure you have complete peace of mind, open communication and a friendly yet professional approach throughout your property journey.
From drafting contracts, to completing the necessary local searches or representing you when you can’t be present yourself, we take care of both the legal and practical aspects of property conveyancing in Spain.
Buying Property in Spain
Now that you have found the perfect property to purchase on the Costa del Sol, it’s time to get your legal representation in place. Whether you are buying a brand-new development or purchasing a resale property, Spanish administration and conveyancing can be a real maze. Let us help you make things easy!
We guide you from the moment you are ready to put down a deposit. We will review the terms of the reservation documentation, so that you are fully aware of the conditions of sale before signing the title deed at the notary.
We request and revise all the necessary documentation in liaison with the selling party to ensure complete due diligence. We make sure that the property is debt free at the land registry to avoid any risk to you as the new owner. We will handle any negotiations with the vendors lawyer to ensure that you take on the property completely free of charge, without any encumbrances or hidden costs. We check that the property has the necessary permits and is built in accordance with the construction plan of that area with the local town hall.
We will advise on how to buy the property to maximise your tax efficiency. We consider whether it is best for you to buy the property in your own name, as joint owners or for example in the name of a (foreign) company. After both parties have reviewed the contract, and with your express approval, we make an appointment with the selling party to sign the contract.
Aside from covering the legal side of the purchase, we will also handle the practical arrangements, so you are able to move straight in without a hitch. This can include arranging the individual utility contracts, WiFi, insurance, setting up the direct debits for local taxes and applying for your Spanish NIE number. We can also assist you opening a Spanish bank account and arrange finance for your property should you need it from a range of mortgage lenders.
This means everything is taken care of and you can relax and focus on one thing. Enjoying your time in Spain.
Property Buying Services
Documentation Required to Purchase a Property
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Selling Property in Spain
When selling a property in Spain, you want the reassurance that the sale will go ahead without delays, problems or of course completely falling through. These problems can be avoided when you have the right legal assistance from the beginning of the process to ensure you don’t lose any precious time or money.
Firstly, we will review the reservation contract on your behalf to ensure that you are protected from any non-compliance from the buying party. We will also run our own due diligence to ensure that the purchaser is financially able to proceed.
We will supply all the necessary paperwork to the buyers lawyers, so they are also able to complete the due diligence of behalf of their clients and keep the buying process progressing at pace. If there are any certificates, licenses or documents needed from the buyers side, we will request them from the relevant authorities as part of our service.
If you are unable to be present in Spain during this time, we can arrange a Power of Attorney, so that we are able to act on your behalf, with your authorisation. This means, that we can go ahead and sign deeds at the notary to complete on the sale in your absence.
Another important aspect to consider when selling your property is your tax liability.
Plusvalia
This is a local tax paid to the town hall where your property is located. The value of this tax is calculated based on the size of the property, the number of years you have owned it and any changes in market value during this time.
Capital Gains Tax
This is a national tax, which needs to be paid as an advance on a possible capital gain that you may have made between the purchase and sale of your property.
As a non-resident on the day of the title deed you are obliged to automatically pay 3% of the sales price which will be retained by the buyers lawyer. In the case you make a loss on your sale, we can set in motion a process to recuperate the retention of this 3%, otherwise it will be deducted from any capital gains liability.
Speak to us about selling your property âžž
Non-Resident Taxes
Fulfilling your tax obligations in Spain
Even as a non-tax resident of Spain, there are some tax obligations that you need to be aware of when you own a property in the country. It’s important to keep these in mind when buying a property, as they will form part of your annual running costs and therefore should be factored into your budget to avoid later disappointment.
When you work with FIDES Legal Services, we will ensure that you are always one step ahead of any tax payments that need to be made. Here we will describe the main taxes that you need to be aware of when you own a property.
Non-Resident Income Tax
As a non-resident property owner in Spain, you will need to pay a non-resident income tax. This main seem strange to you if your property does not generate any income, but nevertheless there will be some tax to pay.
In order for you to be set up correctly in the system and correctly process the relevant tax, you will need to first register with the hacienda (the Spanish tax office.) You will then need to file and present the tax calculations once any allowances and deductions have been made. Unless your Spanish is of a very high level, this can be quite a daunting experience, so this is where we are here to help.
The general rule is that any non-resident that owns a property in Spain should pay an annual tax. EU tax residents are charged at a rate of 19% and for non-EU residents the tax rate is 24%.
When the property is not rented out:
In this case, the income tax needs to paid on the hypothetical rental value of the property. The rental value is calculated on the cadastral or fiscal value of the property, this is multiplied by a coefficient (usually 1.1% or 2%). It is on this amount that 19% income tax needs to be paid by EU residents or 24% for non-EU residents.
When the property is rented out:
When the property is generating income through rental, the rental income must be declared each quarter. In order to accurately make the calculation we will need the actual received rental income and the respective rental dates. From the rent received, some amounts can be deducted such as insurance, community fees, any interest on a Spanish loan, local rates, agency commission- all proportional to the rented out periods. Then the tax of 19% or 24% is applied.
Speak to us if you need help filing and presenting your Non-Resident Income Tax âžž
Spanish Property Tax (IBI)
Another tax, which you need to be aware of is a local property tax, paid to your municipal town hall. Similar to what is known as Council Tax, this covers the cost of local infrastructure and public services for example roads, rubbish collection and street lights.
IBI is paid by everyone that owns a property in Spain, irrespective of whether they are resident or non-residents. The easiest way to find out how much the IBI will be on your property is to request the previous years bill from the previous owners, but in general the calculation will be made according to:
If you have any doubts about your Spanish Property Tax, let’s have a chat and get things organised for you to avoid any hefty fines.
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Succession Planning in Spain
Wills and estates away from home
Whilst it might seem like a depressing subject, you cannot underestimate the importance of Succession Planning for your overseas assets.
Once you own a property in Spain, it’s important to consider how you would like it to be distributed to your loved ones once you are no longer around. Whilst it is not obligatory to write a will in Spain, we highly recommend it, so that your prized property and possessions are passed on exactly according to your wishes.
Wills in Spain
When a loved one passes away, it is already a difficult time for the family to deal with, without the burden of Spanish bureaucracy to handle. There are few specialist lawyers that have experience in cross border inheritance, so the smart way is to ensure your Spanish Will reflects exactly what you already have in place in your home country.
As far as Spanish Inheritance legislation is concerned, there is a very specific way in which assets are allocated to the surviving family of the deceased, which may not match how you would have chosen to distribute your assets. A Spanish Will, will ensure there is no confusion or misinterpretation of your intentions.
Even if you have a valid last Will and Testament in your home country, it’s important to have this translated and legalised in Spain so that it is clear that you wish to dispose of your Spanish held assets in accordance to the law of your home country. Unlike the inheritance law in Spain, your home country may permit you to bequeath your property exactly how you see fit rather than applying a blanket rule of division to your Spanish assets.
Ultimately, drawing up a Will in Spain is of great importance to ensure that your Spanish Will legally declares that your home country rules should apply irrespective of the conditions, location or residency at your time of death.
Speak to us today about Spanish Succession
Planning for complete peace of mind âžž
Commercial Law
Doing Business in Spain
If you are thinking of embarking into business in Spain, then it’s important you have the support of a commercial legal expert. Whilst the principle of your business operation may be clear, some of the practical, administrative and fiscal structures you will find in Spain will operate very differently to what you are used to.
Obligations as a business owner
The laws governing how business is done in Spain are complex and for a foreigner new to trading in the country, can seem completely mindboggling.
To protect the interests of yourself and your company, it’s essential to appoint the legalities of business to a trusted legal partner.
There are a number of formalities which must be completed to be permitted to start any economic activity in Spain. Firstly, you must be a legal resident. The situation is more straight forward if you are an EU citizen, but not impossible for non-EU passport holders. It will simply require an additional step in advance to secure the correct VISA to be physically present in the country to trade.
Then there is the matter of how you will operate. We will need to consider the advantages and disadvantages of each of the company structures and whether it is better for you to operate as self employed (Autonomo), a Limited Liability Company (SL), or a PLC (Sociedad Anónima).
Once these matters have been established, we will support you with the day-to-day operations and obligations to ensure you are operating above board and legally in accordance with Spanish corporate legislation.
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Visas in Spain
Legal residency options for Non-EU Citizens
There are a number of residency routes available for Non-EU citizens, which grant the holder the right to live in Spain if they are able to fulfill the respective application requirements. Each Visa option offers their own benefits, but there are some key differences in what you are permitted to do whilst residing in Spain in each case.
Non-Lucrative VISA
A Non-Lucrative Visa (NLV) is a visa which can be compared to a residency permit in Spain for non-Europeans citizens who wish to spend more than 90 days in Spain within every 180 days
This Visa is ideal for those who might be thinking of retiring in Spain, or spending their time between countries, but bear in mind that this kind of Visa does not be permit any economic or professional and therefore not suitable if you were planning to work. The NLV is quite appealing in that unlike the Golden Visa, you do not have to make any investment to qualify. However, you will need to demonstrate that you have the financial capacity to support yourself and your family in Spain for at least one year without working and have the insurance in place to cover your medical expenses.
Contact us for the full criteria and process for the NLV âžž
Student Visa
If you are a Non-EU or Swiss citizen and wish to study in one of Spain’s world class universities or take part in a student exchange programme, then you will need a Student Visa if your course is longer than 90 days.
We can help you apply for your Student Visa and manage the application through the Spanish embassy or consulate in the home country of the student.
Before you can apply for a Student Visa, applicants will first need to be offered a place on a course at a recognised educational institution. The application needs to be submitted between two to three months before travelling to Spain to allow plenty of time for the visa paperwork to be processed. Student Visa holders are permitted to work part time up to 20 hours per week whilst they are in possession of a valid student Visa. The exact documentation required varies for each application. This depends on the consulate, the application’s individual circumstances, the course that is going be taken and the duration that is required.
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CONTACT
Urb. El Saladillo, Edificio Altair, Oficina 108 – 109,
29688 Cancelada, Estepona, Málaga, Spain
Tel : 951 552 220 – 951 552 221
Email : info@fideslegalservices.com
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