Buying property abroad is not an undertaking one should embark upon lightly! It is not wise to assume that
entire purchase process will follow
rules we’re used to ‘back home’ and generally speaking there are usually a whole new set of rules and regulations, traditions and traps to learn, understand and watch out for.Spain is absolutely no exception and has a tangled web of laws and legislation seemingly designed to trip up an unwary real estate buyer. This article examines three key areas that a potential property purchaser should be at least aware of before signing on
dotted line for that dream Spanish home.
Firstly there’s a ‘tradition’ in Spain for purchasers to actively but illegally assist
vendor in reducing his overall capital gains (or profit) tax liability. Often
vendor will ask for a far reduced purchase price to be written into
purchase contract and for
buyer to actually make up
difference between
contract price and
actual price in cash.
This has been a tradition in Spain for many years; in theory it doesn’t affect
buyer, it certainly doesn’t affect
vendor and what
tax authorities don’t know can’t hurt them, right?
Wrong!
This action is highly illegal and Spain’s new socialist government have begun cracking down on money laundering and tax evasion and these concerted efforts are targeting
property market in Spain.
Of course many potential buyers reading this will simply assume that if asked to act illegally all they need do is point out that
new crackdown could result in investigation, fines, even a lengthy prison term and
vendor, estate agent and solicitor involved in
transaction will step back and accept that exact figures are entered into
contract and taxation be paid accordingly.
Unfortunately
reality for those who refuse to act in accordance with
vendor’s wishes can be far different to
above proposed ideal scenario. Quite often
vendor backs out of a sale if he cannot get his way and
buyer loses their dream property in Spain and possibly their deposit as well.
So, what should someone hoping to buy property in Spain do if faced with such a situation? Should they accept
vendor’s demands and hand over a brown paper bag stuffed with 500 Euro notes? If they do then
price they apparently purchase
property for will be
price against which any future profits from
resale of
property will be compared for their capital gains tax purposes. Therefore if
purchaser ever wants to resell
property they too will need to insist that their buyer also agrees to having a reduced sum entered into
contract otherwise they’ll be liable for all
extra capital gains taxation! Someone somewhere along
line is going to lose out just ensure that it’s not you! Even if you have your heart set on a particular home in Spain I would strongly recommend that you do not go ahead and act illegally even if that means you risk losing
property.
Think very long and very hard about what you’re being asked to do and
potential legal and long term financial consequences rather than your short term thrill at securing that dream home in Spain.
The next point that is worthy of due attention is
fact that there are many unregistered and inexperienced estate agents operating in Spain. The fact that anyone can become an estate agent on
Costa del Sol for example has led not only to mistakes in
purchase process being made, but unscrupulous individuals setting out to exploit foreign buyers.