Introduction
The Tax on Property Transfers and Documented Legal Acts is an issue of great relevance for those who wish to buy or sell properties in Andalusia.. In Planetacasa, We are committed to providing you with accurate and useful information about this tax so that you can make informed decisions in your real estate transactions..
Regulation and Development
The regulation of this tax is established in the Royal Legislative Decree 1/1993, de 24 September. This legal framework has been further developed through the Royal Decree 828/1995, de 29 of May. These regulations lay the foundations for the collection and management of the tax.
Transfer to the Autonomous Communities
An important aspect to highlight is that this tax is a state responsibility., but it has been transferred to the Autonomous Communities. In the case of Andalusia, The transfer covers both collection and regulatory capacity, which means that this community has the authority to regulate certain aspects of this tax. This is framed in the Law 22/2009, that regulates the financing system of the Autonomous Communities of the common regime and Cities with Statute of Autonomy.
Regulations in force
The regulations in force in Andalusia have undergone recent changes. The Decree-Law 7/2021, in force from 28/04/21, introduced new general tax rates. These types were consolidated after the approval of the Law 5/2021, de 20 de octubre, of Transferred Taxes of the Autonomous Community of Andalusia. It is essential to take these regulations into account when carrying out real estate transactions in Andalusia..
In Planetacasa, We stay updated on current regulations to provide you with the best advice on the management of documentation and purchase and sale expenses.. If you want to know more details about the Property Transfer Tax and how it affects your real estate transactions in Malaga, Do not hesitate to contact us. We are here to help you every step of the process.
Tax Object
In the field of real estate transactions in Andalusia, It is crucial to understand the scope of the Tax on Property Transfers and Documented Legal Acts. This tax covers several key aspects:
Onerous Asset Transfers
This aspect of the tax applies in a variety of situations, such as the purchase and sale of real estate and personal property, as long as the seller is a private individual. It also includes the constitution of real rights and lease contracts., among others. In Planetacasa, we are here to advise you on all these transactions, providing you with detailed information about costs and necessary steps.
Corporate Operations
This tax is also related to the constitution and dissolution of companies., as well as the increase and decrease of its capital. It is essential to understand how this tax can influence your business transactions. In Planetacasa, We offer you our expert knowledge to guarantee that corporate operations are carried out efficiently and in compliance with all tax regulations..
Documented legal acts
Documented legal acts cover the formalization of notarial documents, like scriptures, notarial records and testimonies, bills of exchange and preventive annotations in Public Registries, among others. These documents are crucial in any real estate transaction and may have tax implications.. In Planetacasa, we provide you with guidance in the management of these documents, ensuring that they are carried out properly and in accordance with current regulations.
In Planetacasa, We are your ally in all phases of real estate transactions. If you want more information about how these aspects of the Property Transfer Tax affect your operations in Malaga, Do not hesitate to contact us. We are here to offer you specialized advice and facilitate your real estate transactions..
Passive subject
It is essential to understand who the taxpayers are in the different areas of this tax:
In Onerous Asset Transmissions
Buyer (Acquirer): In onerous property transfers, the buyer is the taxpayer, es decir, the person responsible for paying the tax. In Planetacasa, we provide you with advice on how this tax affects buyers in real estate transactions. Además, We manage all aspects related to documentation and purchase and sale costs so that you can carry out the transaction efficiently and in compliance with current regulations..
In Corporate Operations
Companies: In corporate operations, such as the constitution or dissolution of companies, It is the companies themselves that act as passive subjects. In Planetacasa, We provide you with our experience in business transactions to ensure that all corporate operations are carried out efficiently and in accordance with tax regulations..
In Documented Legal Acts
Acquirer or Person instituting the Document: In documented legal acts, as notarial deeds, The taxable person may be the acquirer of the good or right, or the person who requests the document or in whose interest it is issued. In Planetacasa, We assist you in the correct management of notarial documents and provide you with guidance on the costs and documentation required in these transactions..
Tax Base
Understanding the tax base is essential to calculate the amount of tax in different situations:
In Onerous Asset Transmissions
The tax base in onerous property transfers is calculated according to the value of the asset transferred or the right constituted or assigned.. This value is crucial to determine the tax you must pay when buying or selling a property in Andalusia.. In Planetacasa, We provide you with detailed information on how the tax base is determined and how it may affect your transactions.
In Corporate Operations
The tax base in corporate operations varies depending on the type of operation. For example, in the constitution and increase of capital, The nominal amount of capital plus the issue premiums is taken into account.. In other cases, The net value of the partners' contribution is considered. In Planetacasa, We advise you on how the tax base is calculated in corporate operations and guarantee that all transactions are carried out correctly..
In Documented Legal Acts
The tax base in documented legal acts varies depending on the type of document and its content. In general, in the first copies of public deeds, The value declared in the document is taken as a basis. In bills of exchange, the amount drawn is considered. In Planetacasa, We provide you with guidance on how the tax base is determined in these acts and ensure that they are managed appropriately..
Exemptions
Exemptions are special situations where the tax does not apply. Then, I provide you with information about the exemptions:
Accrual
El “accrual” refers to the moment in which the tax is considered to have been generated and must be paid. Then, I provide you with information about accrual in different contexts:
In Patrimonial Transmissions
Patrimonial Transmissions: In property transfers, accrual occurs on the day on which the encumbered act or contract is carried out. This is the moment in which the tax is considered to have been generated and must be paid.
In Corporate Operations and Documented Legal Acts
Corporate Operations and Documented Legal Acts: In corporate operations and documented legal acts, the accrual occurs on the day on which the act subject to tax is formalized. This is the point at which the tax must be settled.
Applicable Type
The applicable rates are essential to calculate the tax on different types of transactions. Then, I provide you with information about the types applicable in various situations:
Onerous Patrimonial Transfers for Real Estate
General Rate for Real Estate: From 28 April of 2021, a general rate of 7% in onerous asset transfers for real estate. In Planetacasa, We offer you detailed information on how these types can influence the purchase or sale of real estate properties in Malaga.
Onerous Patrimonial Transfers for Personal Property
General Rate for Personal Property: For onerous patrimonial transfers of movable property, a general rate of 4%. However, There are reduced and increased rates depending on the technical characteristics of the goods. In Planetacasa, We provide you with detailed information on how these rates apply to purchases of personal property.
Documented legal acts
General Type for Documented Legal Acts: From 28 April of 2021, a general rate of 1,2% in documented legal acts. There are also reduced rates based on certain criteria, such as the value of the property and the situation of the purchaser. In Planetacasa, We provide you with detailed information on how these types are applied in the formalization of notarial documents and other documented legal acts..
Tax rate
The tax rate is the amount you must pay as tax. Then, I provide you with information about the tax rate in the context of this tax:
Submission Deadline
The filing deadline refers to the period during which you must file your tax return.. Then, I will provide you with information about the submission deadline., especially in Andalusia:
Deadline in Andalusia
In Andalucia, A submission deadline different from that of state regulations has been established. For taxable events carried out after 1 in January of 2022, the deadline for submitting the self-assessment and payment, along with the required documentation, is two months counting from the day following the date of accrual (according to the article 69 of the law 5/2021).
Self-assessment Obligation for Loss of Tax Benefits
The loss of tax benefits may entail the obligation to carry out a complementary self-assessment. Then, I provide you with information about this obligation:
Yes, For example, you purchased a second-hand home in 2022 applying a reduced rate and then sold it at 2023 before she met the requirements to be considered “residence” for tax purposes, You must submit a self-assessment for the difference between the reduced tax and the general tax that you stopped paying.