Property transfer
Sale and purchase, swap, contribution to a company or change of owner: which taxes are due and who pays them.
Knowing which tax applies and on what value saves you from overpaying or a supplementary assessment.
Swaps, contributions to a company and changes of owner between family members are not taxed in the same way as a sale.
Supplementary assessments, value checks and refused tax reliefs can be appealed within the deadline.
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ITP and AJD
A property transfer can be inter vivos (sale and purchase, swap, gift, contribution to a company) or mortis causa, and for value (in exchange for something) or gratuitous. That decides whether you pay ITP and AJD, VAT or inheritance tax.
Transfer tax (ITP), or property transfer tax for value, is devolved to the regions (autonomous communities), and many have ITP reliefs or reduced rates (young people, large families, disability). It is calculated on the Cadastre’s reference value (valor de referencia) or the price in the deed, if higher, and is filed within 30 working days of signing (some regions set a different deadline).
In a property swap (permuta), each party is taxed as if they were buying what they receive. Contributing a property to a company does not, in general, pay ITP as a sale does, although it can give rise to plusvalía and taxes on income. Afterwards, complete the change of ownership of the property in the Cadastre (Catastro), for the annual property tax (IBI) and at the Land Registry.
Taxes
Someone acquiring a property doesn't always pay the same tax: it depends on how they receive it.
Resale
Transfer tax (Impuesto sobre Transmisiones Patrimoniales Onerosas). It is paid by the buyer.
New build
A new home doesn't pay ITP but VAT (IVA) and stamp duty (AJD, Actos Jurídicos Documentados) on the deed.
Inheritance or gift
Anyone who receives a property without paying anything in return doesn't pay ITP but inheritance and gift tax.
ITP and AJD change from region to region: check the rates in yours and whether you are entitled to any relief.
How it works
Three steps. You decide at every stage.
Sale, swap, inheritance or an assessment from the tax authorities.
A lawyer with experience in property tax studies your case and contacts you.
You know the taxes, the deadlines and the quote before you sign anything.
No-obligation enquiry
Buying, selling, a swap or a change of owner: it takes 2 minutes, and a specialist lawyer will contact you.
Frequently asked questions
ITP (transfer tax) is charged on buying a resale property from a private individual; AJD (stamp duty), on certain deeds, such as a new home or a mortgage, which the bank has paid since November 2018.
The buyer. The seller doesn't pay ITP, although they may have to pay municipal capital gains tax (plusvalía municipal) and declare the gain for personal income tax (IRPF).
It depends on the region: the general rate is usually 4% to 10%, with reduced rates for some groups and, in some regions, higher rates for higher-value purchases.
The demand from the tax authorities when they consider that you declared the purchase below the value that applies. It usually includes late-payment interest and sometimes a penalty; it can be appealed within the deadline.
You don't pay ITP but Inheritance and Gift Tax (Impuesto sobre Sucesiones y Donaciones), with reductions and reliefs that vary a great deal from region to region. Plusvalía municipal may also be due.
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