Notarial purchase and sale services refer to both the purchase of real estate and the purchase of shares or shares of a company.
Sale of real estate:
Necessary documentation:
1.- Original of the property title of the sellers
2.- D.N.I. buyers and sellers; If they were companies, the corresponding powers or validity of the position of the representative
3.- Certificate that it is up to date in the payment of community expenses (it is possible for the purchaser to waive it, but the apartment is responsible for the overdue and unsatisfied part of the annuity in progress at the time of the transfer and the previous three .
Remember that the certificate is issued by the secretary with the approval of the president (not the property administrator).
It is convenient that you ask the transferor or request that the certificate specify if there is any pending payment in the community, since it could happen that while the apartment is up to date with the payment of community expenses, there is still some pending important payment and the buyer get the corresponding "surprise" when you communicate your acquisition.
4.- Last receipt of the I.B.I.
5.- Certificate of energy efficiency.
6.- Means of payment.
7.- If it is a subsidized home, the pertinent administrative authorization.
Expenses involved in granting a deed of sale of property
In the event that there is no agreement in this regard, the expenses according to the Law are distributed as follows:
Seller: The deed (except, say the authorized copy), and the Plus Valía (Increase in value of the Land).
Buyer: The copy of the deed, the expenses of the inscription in the Property Registry and the Tax (Patrimonial Transfers in purchase and sale between individuals and Documented Legal Acts, in purchase from a promoter, to which VAT will have been paid).
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 an expense whose taxpayer is the seller and must be made within 30 business days of signing the deed of sale, with the simple copy delivered by the notary. (This expense does not exist if the transferred property is a rustic property.)
Property Transfer Tax or Documented Legal Acts. Here the taxable person is the buyer, it must also be done within 30 business days following the signing of the deed of sale, with the authorized copy and the simple one delivered by the notary.
Personal Income Tax (IRPF). Remember that the sale of real estate normally implies an increase in equity for the seller that must be included in the personal income tax return made the year following the sale.
Property Tax (Contribution). Following the judgment of the Supreme Court of June 15, 2016, regarding the Real Estate Tax quota corresponding to the current annuity, the general rule, in the absence of an agreement to the contrary, will be that the seller who pays the tax - as a taxpayer when being the owner as of January 1- may pass it on to the buyer, in proportion to the time in which each of the parties has held ownership and for as long as it is.