Notarial purchase and sale services refer to both the purchase of real estate and the purchase of company shares or holdings.
Purchase and sale of real estate:
Documentation required:
Purchase and sale of real estate:
Sellers' title deeds.
Sellers' and buyers' D.N.I. (National Identity Document).
Marital property regime of both.
If a company is involved, current powers of attorney or appointments of administrators.
Company registration details.
For urban properties, a certificate from the homeowners' association stating that all community fees are up to date.
Cadastral reference (latest IBI receipt)
Whether it is leased or not.
Sale price.
How transaction costs are paid: Notary, municipal Plus Valía tax.
Purchase and sale of holdings:
Sellers' title deeds.
Sellers' and buyers' D.N.I. (National Identity Document).
Marital property regime of both.
If a company is involved, current powers of attorney or appointments of administrators.
Articles of association of the company whose holdings or shares are being processed, and its company registration details.
The company's C.I.F. (Tax Identification Number).
Sale price.
How transaction costs are paid.
Costs of granting a real estate purchase and sale deed
If there is no agreement on this matter, the costs according to law are distributed as follows:
Seller: The deed (except for the authorized copy), and the Plus Valía (increase in land value).
Buyer: The copy of the deed, the costs of registration in the Property Registry, and the Tax (Property Transfer Tax for sales between individuals and Documented Legal Acts Tax for purchases from a developer, to whom VAT will have been paid).
Property Registry. This is a cost borne by the buyer and is determined by the registry tariff.
Municipal Plusvalía (IIVTNU). This is a cost whose taxpayer is the seller and must be paid within 30 business days following the signing of the purchase and sale deed, with the simple copy provided by the notary. (This cost does not apply if the transferred property is rural land.)
Property Transfer Tax or Documented Legal Acts Tax. Here the taxpayer is the buyer and it must also be paid within 30 business days following the signing of the purchase and sale deed, with the authorized and simple copies provided by the notary.
Personal Income Tax (IRPF). Remember that the sale of real estate usually results in a capital gain for the seller, which must be included in the IRPF declaration filed the year after the sale.
Real Estate Tax (Property Tax). Following the Supreme Court ruling of June 15, 2016, regarding the Property Tax installment for the current year, the general rule, in the absence of a contrary agreement, will be that the seller who pays the tax - as the taxpayer for being the owner on January 1st - may pass it on to the buyer, in proportion to the time each party has held ownership and for the time they do.