Selling a property in Spain
HC Solicitors LLP Spanish Legal Services Team can manage your sale transaction to ensure that your interests are protected and that you receive essential advice in relation to the sale.
When selling a property in Spain both residents and non-residents are subject to Capital Gains Tax. Our Team will advise you about your tax liability and will ensure that it is correctly paid on your behalf in order to avoid any penalties from the Tax Office. From 1 January 2007 the law affecting non-resident property owners was amended to reduce the applicable rate of Capital Gains Tax to 18% from the previous rate of 35%.
Our team will provide the following services in a Sale transaction:
- Review the legal status of the property and ensure that all of the necessary documents are in order (Escritura Publica, IBI receipt, Catastral Certificate etc) for any sale of a Spanish property.
- Check your tax obligations when you put your property on the market in order to ensure that there are no surprises when you enter into negotiations to sell your property.
- Draft the sales contract, negotiate with the buyer's solicitor about any issues raised, supervise the eventual completion of the sale and complete the registration at the Land Registry.
- Help you to obtain the relevant documentation needed upon completion.
In particular:
a) We can make arrangements for a Power of Attorney to be granted enabling another stipulated person to attend completion on your behalf if you are unable to attend in person.
b) We can arrange the application for the obligatory NIE number if you do not have one. This is an Identification number which Spanish Law requires from any non-Spanish resident and importantly, it is a Notary requirement in order to be able to complete. - We can provide you with market information and arrange a valuation of the property to be carried out if this would help you.
- We can usually recommend a suitable agent.
- If the purchase price is to be paid by instalments, we will be able to advice you on the most suitable method of doing this in your particular circumstances.
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