In order to encourage real estate property investments, the Spanish Government
has approved a Royal Decree to be effective as from 11th May.
Here is an overview of the new provisions. For details as to how it
might affect you please contact your financial advisor.
The main measure is a reduction of 50% in the Capital Gains Tax on sale proceeds
for properties bought between 12th
May and 31st December 2012. This is regardless the future sale
date.
The tax remission benefits both natural persons (residents and
non-residents) and legal entities, under the following conditions:
-
The property must have been purchased between 12th
May and 31st December 2012
-
It must be an urban property (residential or commercial)
-
The buyer and seller should not have any connection,
either corporate or family
-
The property should not be considered a commercial
development or venture.
The tax reduction will be applied in the annual Income Tax declaration or
in the company tax of the fiscal year in which the capital gain was generated.
Provided that the applicant meets all necessary requirements, the capital
gain to a non-Spanish tax resident
on sale of a Spanish property is taxed as follows:
Now: 10,5%
Now: 9,5%
The tax on capital gain to a Spanish
tax resident is as follows:
Now: until
13,5%
Now: until 10,5%
In the case of companies, the Capital Gain is taxed at approximately
15%.
We would like to remind you that the tax for newly constructed
properties remains at 4 % until 31st December 2012.