In the event of a sale, our notary's office will advise you on any doubts you may have before the moment of signing. Carreño y Recatalá Notary's office is an expert in services related to purchase and sale. For your peace of mind, we recommend that you provide the following documentationType of purchase and sale
A) Purchase and sale of real estate:
Title deeds of the sellers.
ID cards of sellers and buyers.
Economic matrimonial regime of both parties.
If a company is involved, the powers of attorney or appointment of administrators in force.
Details of registration in the Mercantile Register.
In the case of urban properties, certificate from the owners' association that they are up to date with the payment of the community fees.
Cadastral reference (last IBI receipt).
Whether or not it is rented.
Price of the transfer.
How the transaction costs are paid: Notary, Plus Valía municipal.
B) Purchase and sale of shares:
Title deeds of the sellers.
ID cards of the sellers and purchasers.
Economic matrimonial regime of both.
If a company is involved, the powers of attorney or appointment of administrators in force.
Articles of association of the company, of which the shares are being processed and its registration details in the Mercantile Register.
The C.I.F. of the company.
The price of the transfer.
How the costs of the transaction are to be paid.
Costs involved in executing a deed of sale of real estate.
In the event that there is no agreement in this respect, the expenses according to the Law are distributed as follows:
Seller: The title deed (except for the authorised copy), and the Plus Valía (increase in value of the land).
Buyer: The copy of the title deed, the expenses of the inscription in the Land Registry and the Tax (Transfer Tax in sales between individuals and Documented Legal Acts, in purchases from promoters, to which VAT will have been paid).
Land Registry. This is an expense that is paid by the buyer and is determined by the registry fee.
Municipal Capital Gains Tax (IIVTNU). This is a tax payable by the seller and must be paid within 30 working days of the signing of the deed of sale, with a simple copy provided by the notary's office. (This tax does not exist if the property transferred is a rural property).
Transfer Tax or Stamp Duty (Impuesto de Transmisiones Patrimoniales o de Actos Jurídicos Documentados). Here the taxpayer is the purchaser and this must also be done within 30 working days following the signing of the deed of sale, with the authorised copy and the simple copy delivered by the notary's office.
Personal Income Tax (IRPF). Remember that the sale of a property normally means an increase in wealth for the seller, which will have to be included in the Personal Income Tax return made in the year following the sale.
Real Estate Tax (Contribution). Following the ruling of the Supreme Court of 15 June 2016, with regard to the amount of the Real Estate Tax corresponding to the current year, the general rule, in the absence of an agreement to the contrary, will be that the seller who pays the tax - as the taxpayer as owner on 1 January - may pass it on to the buyer, in proportion to the time that each of the parties has held the ownership of the property and for the time that this is the case.
