Notarial services for real estate transactions refer to both the purchase of real estate and the purchase of shares or interests in a company.
Required documentation:
Purchase and sale of real estate in Cataluña:
- Property titles of the sellers.
- ID of sellers and buyers.
- Marital economic regime of both.
- If a company is involved, the powers or appointment of current administrators and registration data in the Commercial Registry.
- Registration data in the Property Registry.
- In urban properties, certificate from the community of owners that they are up to date with payment of community expenses; last IBI receipt; being housing, certificate of habitability and energy efficiency certificate.
- Cadastral reference (last IBI receipt)
- Whether or not it is leased.
- Transmission price and means of payment.
- How expenses are paid: Notary, registration, taxes and processing. In Catalonia, unless otherwise agreed, all expenses are the responsibility of the purchasing party, except for the municipal Plus Valía.
Purchase of shares:
- Property titles of the sellers.
- IDs of sellers and buyers.
- Marital economic regime of both parties.
- If a company is involved, the powers of attorney or appointment of current administrators.
- Statutes of the company from which the shares or shares are transferred and their registration data in the Commercial Registry.
- The N.I.F of the company.
- Transmission price and means of payment.
- How the operation expenses are paid. In Catalonia, unless otherwise agreed, all expenses are the responsibility of the purchasing party.
Expenses involved in granting a deed of sale of property in Cataluña:
In the event that there is no agreement to the contrary in this regard, the expenses according to Law are distributed as follows:
Seller: The capital gain (Tax on Increase in Value of Urban Land).
Buyer: Notarial, registration, processing expenses and the Tax on Onerous Asset Transfers or - if it is a first transfer - the Tax on Documented Legal Acts.
Property registration. It is an expense that is borne by the buyer and is determined by the registration fee.
Municipal capital gains (IIVTNU). It is a tax whose taxpayer is the seller, who must pay it within 30 business days following the signing of the deed of sale, with a simple copy delivered by the notary. (This expense does not exist if the property transferred is a rural property.)
Property Transfer Tax or Documented Legal Acts. Here the taxpayer is the buyer who must also settle it within the month following the signing of the deed of sale, with the simple copy delivered by the notary.
Personal Income Tax (IRPF). Remember that the sale of real estate normally represents an increase in assets for the seller that must be included in the personal income tax return made the year following the sale.
Real Estate Tax (Contribution). Following the ruling of the Supreme Court of June 15, 2016, regarding the amount of 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 a taxable person by being the owner on January 1 - may pass it on to the buyer, in proportion to the time in which each of the parties has held the proprietary ownership and for the time that it is.