Archive for the ‘Spain’s property related laws’ Category

Tax on overseas property lettings

Friday, July 16th, 2010

If you live and pay tax in the UK you must declare rental income from overseas property lettings on the foreign pages of your tax return. If you pay foreign tax on the income, you can usually get credit for this against the UK tax you have to pay on it.

Declaring income from overseas property lettings

You have to declare any income you get from overseas property lettings on the supplementary foreign pages of the Self Assessment tax return.

How much tax you'll pay depends on whether you're 'resident' in the UK and 'ordinarily resident' or 'domiciled':

Resident

  • if you're in the UK for 183 days or more in a tax year, you're a 'resident' for that year for tax purposes
  • if you come to live in the UK permanently or to remain for three years or more you're resident from the date of arrival
  • you're also treated as resident if you're in the UK for an average of 91 days or more in a tax year (worked out over a maximum of four consecutive tax years)

Ordinarily resident

  • if you're resident in the UK year after year you will normally be treated as 'ordinarily resident' 
  • you're treated as ordinarily resident in the UK from the date you arrive if it's clear that you intend to stay for at least three years

Domiciled

  • your domicile is normally acquired at birth but domicile is a general law concept, decided by a range of factors

If you are resident, ordinarily resident and domiciled in the UK

If you're resident, ordinarily resident and domiciled in the UK, you'll have to pay tax on the income from the letting whether or not that income is brought into the UK. This is known as the 'arising basis' of assessment.

Working out your taxable profit

As with income from a UK rental business, you normally work out the 'net profit' (or loss) for all your overseas property lettings as if it's a single business. To do this, you:

  • add together all your rental income
  • add together all your allowable expenses
  • take the expenses away from the income

To arrive at your taxable profit, you can deduct certain allowances from your net profit. Your final profit counts as part of your overall taxable income, and you pay tax on it at your normal rates.

Expenses and allowances – what counts?

You can deduct the same expenses and allowances from overseas property letting income as from UK property letting income, including travel costs. (The expenses must be solely for running your property letting business.)

Profits and losses from different overseas properties

Because all overseas property lettings are treated as a single business, losses from one overseas property are automatically offset against profits from the others. And if you make a loss overall, you can offset it against future years' overseas rental profits.

But UK and overseas letting businesses are taxed separately – losses from one can't be offset against the profits from the other.

For more information visit www.direct.gov.co.uk

Mortgages in Spain

Saturday, June 12th, 2010

As soon as you apply for your Mortgage in Spain, it is important to have copies of all relevant documents with you. As an employee you need a copy of your passport, the payslips and the bank statements from the last three months, your self-assessment tax return (if applicable), your annual salary P60 certificiate  if you are from the UK), the completed application forms for the mortgage and a copy of the Land Registry Certificate ( Nota simple ) confirming current ownership and showing any mortgages or embargo's on the property. If you are Autonomo (self-employed) you need almost the same documents but as well as the tax-declaration you have to show your VAT and income tax returns of the last two years as well as your balance sheets.

The relevant Bank will send an Assesor to your property to evaluate it’s value. This consists of a detailed report to determin the materials & quality of construction, the location, state of repair etc… of the property and its estimated market value. This carries a cost but you will be informed about this before it is undertaken. Usually the valuation of your Spanish property costs Around 300 Euros but can vary slightly depending on the size of the property and is roughly 0,1% of the property estimated value.

The Spanish mortgage process won't take much longer than a month. If you want to take a mortgage in Spain the Bank will expect you to take out Spanish property insurance that needs to cover fire and Third Party responsibility. It is also a requirement to contract a Life insurance.

The repayment period of your Spanish mortgage is between 10 and 30 years. It is possible that a resident can choose a longer term than a non-resident. If you want to pay your mortgage back before the time ends, be careful of redemption penalties that are known in Spain as early repayment commissions. These penalties are applied by almost every financial institution and can fluctuate between 0,5 – 1,5%

Property Taxes in Spain.

Wednesday, March 24th, 2010

When deciding to purchase a property in Spain it is important to set aside an amount in your budget to cover additional costs. Some of these costs fall under the tax bracket. New Properties purchase tax: buyers of brand new houses in Spain are liable to paying 7% IVA (VAT) if the house is finished or is being built at the time of the purchase, plus an extra 0.5% stamp duty. Re-sale purchase tax: House buyers of re-sale property (as opposed to brand new) are required to pay the Impuesto de Transferencia de Propiedad – Transfer Tax – which is 6-7% of the title deed price.

The Notary

Monday, March 1st, 2010

The Notary is one of the key figures of traditional Spanish society, along with others such as a doctor and the priest.

The Notary in Spain is a public official: The role of the Notary is to ensure that the relevant Spanish legislation has been complied with, to advise the parties of their tax obligations, to certify that the contract has been signed by the specified parties.
He does not in any way advise the parties with regard to the transaction, neither does he check that statements made in the contract are true. It is your lawyer who must be instructed to do this.
The COPIA SIMPLE is, as its name suggests, a simple copy of the escritura. It is the document the buyer needs in order to pay the plusvalía and to transfer or register for contributions (these are payments towards the local rates, the IBI), electricity, water, telephone or other services, change the address on his bank account etc. The notary will give you a copia simple once the escritura has been signed.
If the property is to be registered, the notary will send the primera copia (first copy) of the escritura to the Registro together with the receipts for the taxes paid. Make sure the notary does this by fax the same day. The Registro will then enter it immediately into the daily journal in order to prevent any other charges being registered ahead of yours.

Plus Valia – The local authorities determine the amount of plusvalía to be paid for each house purchase in Spain, depending on the area where the property is located. The market value or sales price of the property does not have an effect on the plusvalía tax.Normally, the seller pays the plusvalía tax.

Escritura – Deeds

Yearly property Tax (Suma):

Sunday, February 28th, 2010

The Impuesto sobre Bienes Inmuebles (known as IBI) is a tax fixed by the local authorities and is based on both the value of the land and of the property.
This Spanish tax is known as the Suma and is payable annually.
Your first knowledge of the bill will probably when it turns up in your post box. Usually there is time limit to pay the bill and failure to pay in this time will result in a small fine based on how late the payment is. Should this be the case you will need to find out your new payment amount and this is only possible by contacting your local tax office.
On receipt of the first bill you are able to pay it via several banks (who will be indentified on the paperwork) or directly to the tax office but be aware the tax office may be some distance from your property. Why not set up a standing order at this stage so you don’t miss the following year’s payment. This is the best option for those who do not reside in Spain.
The Suma payment is not large and our tips are – Pay the bill on time to avoid any increase and unnecessary hassle due to the finding out the increased amount due.