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Balearics mulls to ban house sales to foreigners

Raymundo Larraín Nesbitt, January, 19. 2023

Marbella-based Larraín Nesbitt Lawyers has over 20 years' taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
21st of January 2023

Spanish daily El Pais reports this week the Balearics regional government (hard left wing) is seeking a way to reduce the price of houses. This is a lofty goal, no doubt, to make housing more affordable for all. The problem is how they plan to achieve this.

To achieve this end, it is studying to ban house sales to all foreigners, in the wake of other countries adopting similar measures such as Canada and New Zealand.

Moreover, the ban would be extensive to all Spanish nationals who are not resident in the Balearic Islands! In other words, only Spanish nationals who have resided over 5 years in the Balearics could buy property if this law is approved.

The newspaper goes on to add that the negative impact of such a (draconian) measure -in the words of several reputed 'experts' which have been consulted- would be negligible.

Well, I don’t claim to be an expert, but I beg to disagree. I think it's akin to dropping a nuclear bomb on an already stagnant property market. But what do I know?

The whole economy of the Balearic Islands is heavily dependent on tourism and property ownership, of which a large part is in foreign hands. If the Balearics starts banning property sales to all foreigners (and even non-resident Spanish nationals!) it is only logical to assume that property prices will drop sharply, as in effect local politicians would have intervened the sales market to favour their electorate. Canada and New Zealand have their economies well diversified, they are not overreliant on tourism and property sales as the Balearics is.

And make no mistake, after this housing market bill they will go next after the tourism & hospitality industry. They will seek measures to restrict the amount of tourism to the Balearics using as an excuse to defend the environment and whatnot. The bottomline is that they want the islands only for themselves, period.

If this (daft) draft bill is approved, foreigners should consider (very) carefully on whether to buy property in the Balearics. Or be prepared to accept offers well below the real market value. I'm sure Germans wil love this idea.

This is not the first time the communist Balearics regional government floats such 'original' ideas. Last time they were planning on expropriating empty houses owned by foreigners. Fortunately, the central government stepped in to tone this down a notch, or two. Let’s hope it does it again.

"Common sense is the least common of the senses." – anonymous.

At Larrain Nesbitt Abogados we have over 20 years’ experience buying, selling, and renting properties. We are also specialized in taxation, immigration & residency visas. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88, or by completing our contact form to book an appointment.

Larraín Nesbitt Abogados, small on fees, BIG on service.

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

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Reminder - Q4 2022 Non-Resident Income Tax filing (NRIT)

Raymundo Larraín Nesbitt, January, 9. 2023

Marbella-based Larraín Nesbitt Lawyers has over 20 years' taxation & conveyancing experience at your service. We offer a wide range of over 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

Just a gentle reminder to all non-residents, who own property in Spain and rent it out (whether long or short-term i.e. holiday home); you must file your Q4 2022 quarterly tax return now in January 2023. You are being taxed on your rental income for the previous three months: October, November, and December.

For 2022, the non-resident tax calendar was as follows:

Q1 January – March. Filed on the first 15 days of April
Q2 April – June. Filed on the first 15 days of July
Q3 July – September. Filed on the first 15 days of October
Q4 October – December. Filed on the first 15 days of January 2023

Our cut-off date to accept filing Q4 2022 non-resident tax returns is Friday the 13th of January 2023.

Please do not wait until the last moment to submit your quarterly tax return. We file this tax online all over Spain within 24 working hours.

We can offer you this tax service for a very competitive fee:

EU resident: 125 euros*
Non-EU resident: 75 euros*

*_{The quoted fee is plus vat, per property and per tax quarter, it includes up to two joint owners i.e. husband & wife.}

Our fees are 100% tax-deductible from the tax to pay.

The main highlight of our tax service is that we reduce your income tax by 70%, or more, on applying for lenient landlord tax relief on all your property-related expenses.

Related tax service

Holiday Rental Accounting Service (HRAS)

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Holiday Rental Laws in Andalusia (Decree 28/2016) – 8th of February 2016
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Holiday Home Taxation in Spain – 8th of July 2017
Holiday Rentals in Andalusia Made Easy – 3^rd July 2017
Non-Resident Income Tax – 8^th December 2017
Holiday Rental Accounting Service (HRAS) – 16^th January 2018
Holiday Rental Taxation in Spain – 8th July 2018
Renting in Spain: are you still overpaying income tax every quarter? – 16^th October 2018
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Spain's new rental law in 2019 – 8^th March 2019
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Estate agents cannot charge a tenant a commission when the landlord is a legal person

Raymundo Larraín Nesbitt, January, 3. 2023

Copyrighted © 2023. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
3rd of January 2023

We offer several services when it comes to renting out property in Spain. It never ceases to amaze me when a client hires us and lets us know the estate agency they are dealing with is in fact charging them (the tenant) a hefty commission for the rental of a property whose landlord is a company.

By law, since March 2019, estate agents can only charge landlords for any rental commission, never the tenant. It is often I find out that agencies are charging thousands of euros, from both the landlord and the tenant (!), when it is unlawful.

If you are a tenant, you are under no legal obligation to pay an estate agency for their commission on properties let out by legal persons. Only this tip saves our clients thousands of euros every year.

Rental-related services offered by LNA:

Larraín Nesbitt Abogados, small on fees, BIG on service.

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Merry Christmas!

Raymundo Larraín Nesbitt, December, 22. 2022

From Larraín Nesbitt Abogados, we wish all our clients and friends a Merry Christmas and a Happy New Year!

The law firm will now remain closed for the holiday season and will reopen for business on Monday the 9th of January 2023.

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Desde Larraín Nesbitt Abogados, deseamos a todos nuestros clientes y amigos unas muy Felices Fiestas y un próspero Año Nuevo.

El despacho permanecerá ahora cerrado por vacaciones y nos reincorporaremos el lunes 9 de enero 2023.

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Non-Resident Imputed Income Tax end-of-year reminder (NRIIT) 2021

Raymundo Larraín Nesbitt, December, 12. 2022

The clock is ticking. If you are non-resident, and you own property in Spain, this is your last chance to file your Non-Resident Imputed Income Tax for year 2021. Even if you do not rent it out, you need to file this end-of-year tax. We file taxes online all over Spain.

Marbella-based Larrain Nesbitt Abogados has over 19 year’s taxation & conveyancing experience at your service. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

Blog post copyrighted © 2022. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Lawyer – Abogado
12^th of December 2022

The end of 2022 fast approaches.

One of our last blog posts for this year, is a gentle tax reminder.

All non-residents, who own property in Spain, need to file by the end of this year a tax called Non-Resident Imputed Income Tax (NRIIT, for short), even if you do not rent out your Spanish property. You are taxed on the previous year (2021).

We offer the following taxation service for a flat fee of 100 euros plus VAT/year.

We file your tax online within 24 hours.

Our last day to file this tax in 2022 is Friday the 16^th of December.

We offer the most competitive fees in the market.

Non-Resident Imputed Income Tax (Fiscal Representation Service) €100/year

We are specialized in taxation

Larraín Nesbitt Lawyers, small on fees, big on service.

Larraín Nesbitt Lawyers is a law firm specialized in taxation, conveyance, immigration & residency, inheritance, and litigation. We will be very pleased to discuss your matter with you. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88, or by completing our contact form.

Legal & tax services available from Larraín Nesbitt Abogados (LNA):

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Offplan property is appreciating by two digits a year: The main difference between 2008 and 2022

Raymundo Larraín Nesbitt, December, 5. 2022

Marbella-based Larraín Nesbitt Lawyers has over 19 years' taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
1st of December 2022

As most buyers will have experienced, offplan property in Spain has appreciated by two digits nationwide over the las years. This is good, no? Let’s take a closer look at this and see what’s under the hood. We are going to compare it to 2008 to have a wider perspective of what is really going on.

2008

2008 marked the high point of Spain’s property bubble. Over 750,000 properties were being built a year and property prices were rising by 15 to 20%.

2022

In 2022 offplan property is appreciating on average by 10%, and in coastal areas by 20% a year. 150,000 properties are being built a year.

A closer look

Both figures look almost similar to what is going on in today’s market, yes? Actually, no.

The key difference is that in 2008 properties appreciated greatly driven by high demand. This pushed asking prices forward. I personally witnessed how investors were buying properties by twos and threes. It was simply a crazy speculative market fuelled by ultra-low interest rates.

Whereas in 2022 the increase in offplan prices are driven by high inflation, not by demand. The Covid-19 pandemic, and all its strains, have created serious disruptions in the global supply chain. Aluminium and other construction materials imported from China, and which are required by the offplan industry, are now taking much longer to arrive to Spain and have also greatly appreciated in price. Developers are forced to pass on this cost increase to buyers, which translates into higher asking prices. Meaning developers themselves are having to increase the sale price of their units every year only to break even because of the inflation spike (bubble) in construction materials.

Conclusion

To close, note that in 2022 FIVE times less offplan units are being built than in 2008 (150k vs 750k).

So, clearly the reasons underlying the huge spike in offplan asking prices are due to very different reasons.

At Larrain Nesbitt Abogados we have over 19 years’ experience buying, selling, and renting properties. We are also specialized in taxation, immigration & residency visas. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88, or by completing our contact form to book an appointment.

Larraín Nesbitt Abogados, small on fees, BIG on service.

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Spain’s Taxation on Crypto Currency

Raymundo Larraín Nesbitt, November, 21. 2022

Copyrighted © 2022. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
21st of November 2022

Unbeknownst to most people, Spain has passed legislation on the matter of taxation on Crypto Currency. Spanish resident taxpayers have a legal obligation to declare their purchase and sell

As any economist worth his salt will tell you, the success behind any profitable portfolio is a healthy diversification: real estate, bonds, commodities, shares, and cryptos. Cryptos have become very popular over the last decade, not only as a means of payment, but also as a store of value as they are widely regarded as the future of trading. This success has prompted the appearance of hundreds of digital currencies, with even central banks taking a jab at it with an aim to control the market’s ebb and flow. Despite their resounding success, they have taken a beating lately, even denting the main front runners. The strongest will no doubt rebound in a new expansion phase.

Spanish tax residents are under a legal obligation to declare them. You should declare the purchase & sale in your IRPF tax return (personal income tax return).

If you hold over €50,000 abroad, you must include it in your annual 720 tax return. Annual variations in value in excess of €20,000 need to be reported.

As a general rule, if you hold over 2mn euros in cryptos (and/or other assets), you also need to include them in your Wealth Tax return.

Inheriting cryptos is also taxable. Because of devolved competencies on inheritance matters, this will change from one region to the next.

Capital gains (on selling) is taxed following a progressive sliding scale:

From €0 to €6,000 – 19%.
From €6,001 to €50.000 – 21%.
From €50.001 to €200,000 – 23%
Over €200,001 – 26%

Although cryptos have suffered greatly as of late, we view this as a healthy market correction that will purge all the exuberant excess, weeding out thousands of cryptos from the market on its wake, leaving only the survival of the fittest.

Larraín Nesbitt Abogados, small on fees, BIG on service.

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Barcelona, the beautiful

Raymundo Larraín Nesbitt, November, 11. 2022

Lawyer Raymundo Larrain explains what he thinks makes Barcelona so special and why you should buy property there.

Sunrise from Park Guell

By Raymundo Larrain

8^th of November 2022

Right off the bat, I must admit I have a soft spot for Barcelona, so yes, this article is going to be biased towards it, soz.

Introduction

Barcelona was founded in the 3^rd century B.C. by Carthaginians. It was named ‘Barcino’, and – if we are to go by legend – it is named after one of the most prominent Carthaginian families (the Barcas) which included no other than Hannibal himself; one of the finest commanders of all time.

Barcelona is the capital city of the Spanish region of Catalonia, one of the richest, most powerful, and industrious in all of Spain. It is undoubtedly one of the crown jewels of the Mediterranean Sea, and is arguably the most beautiful city in all of Spain; well, at least to me. The fact that it is a coastal city is simply the cherry on top. Its close proximity to European influences and avant-garde trends, give it a luster of a cosmopolitan city.

The Eye-Catching Architecture in October 2022 crowned Barcelona as the third most beautiful city on the planet, after Rome and Venice. Using an advanced computer program to measure the dimensions and proportions of buildings, they compared them to the golden ratio (1:1.618). But frankly, you don’t need any machine to appreciate its beauty, you only need to be human.

If you are single, this is the city where you need to mingle. I have fond memories of visiting it with the lads when I was an undergrad. Mmm, to be young again!

For reasons of space constraint – and also because my editor would likely strangle me – I need to keep this article short; but you should know I could ramble all day about Barcelona and its countless delights. This is an abridged article, do not expect an insightful guide chock-full of insider tips, because it is not. I simply gloss over the city’s main highlights and leave it to the reader to fill in the gaps.

Barcelona’s Districts

The Old Town

The Old Town is the core of the city and includes the Gothic Quarter, El Raval, La Barceloneta, and El Born. You will find antique shops, centuries-old cafes that were frequented by artists, poets, laureate writers and bon vivants that discussed on arts, and politics; fancy restaurants sprawl amid its winding lanes surrounded by a cosmopolitan crowd of smiling tourists, students, and immigrants displaying their brightly coloured wares. A scent of freshly made food gently drifts through the air tethering the unsuspecting visitor.

Eixample

This is a large district with modernist avenues and buildings which includes such iconic places as the Passeig de Gracia, and Gaudi’s masterpiece ‘La Sagrada Familia’. It attracts swathes of tourists.

Montjuic

Overlooking the commercial port, there is a hill rising above the city, the Montjuic mountain. It is a place of natural beauty and cultural value. Beautiful views over the city are guaranteed at dawn and dusk.

Gracia

Is home to Gaudi’s Park Guell, another landmark of this stunning city, which illustrates this article. It’s a garden park that beckons you to wander it and get lost in its enticing beauty.

Must-see places

La Sagrada Familia

This is widely regarded as Gaudi’s masterpiece, it’s an unfinished cathedral unlike any you have ever laid your eyes on. It seems taken straight out of an alien dream that beckons you forward, ensnaring your very soul.

Port Olimpic

This was built to accommodate Spain’s 1992 Olympics, hosted by Barcelona, which brought the nation together, and constitutes one of the most beautiful chapters in Spain’s young democracy; a wondrous time when anything seemed achievable, and which rallied all of Spain behind one banner, as one, in happier times.

During the daytime, you can take a walk and view the yachts with the family, at dusk you can sit at one of the many cafes and take in the beauty of a golden dusk against a dashing blue sea. But only when the sun sets, it is truly when the place comes into its own – at nighttime. The port is brimmed with industrial hubs that have been reconditioned to harbour hedonistic nightclubs that cater to discerning party owls. It’s another place where beautiful people, and those young at heart, visit to quench their undying thirst for living life with passion.

Las Ramblas

Is a tree-lined avenue in the old town that acts as a boundary between the Gothic Quarter and El Raval. This is a place where carefree undergrads visit the numerous watering holes that dot it, pulling the local (beautiful) girls, or so I’m told, ahem. I recall El Bosc des Les Fades (Fairy Forest) as a great place to stop for a pint or two, it is beautifully decorated with candles and inside waterfalls that give it an ethereal mystique, almost dream-like. Las Ramblas bustles with life and diversity, but you should pay special attention to pickpockets whose nimble fingers have ruined many a day of wide-eyed tourists.

Barcelona’s Architecture

To speak of Barcelona’s architecture, is to speak of Gaudi as they are both inextricably linked. Frankly, I don’t even know where to begin, I’m so overwhelmed. You are going to have to forgive me on this one, because there are simply far too many places to list, and I only have so much space (that and also because I cherish my neck!).

To name my personal top tier:

La Sagrada Familia: as mentioned, an iconic cathedral built at the heart of Barcelona, unique in the whole world, otherworldly, almost alien-like. I’m pretty sure Ridley Scott took pointers for his famous Alien movie. I run out of words to describe its mesmerizing beauty.
Park Güell: another of Gaudi’s iconic marvels. It’s a park that draws inspiration from Mother Nature, now converted into a municipal garden.
Casa Batlló: Gaudi was commissioned to build this building. Its façade and balconies resemble Venice’s carnaval masques. Again, another prime example of Modernist art.
Casa Amatller: another beautiful example of modernist fantasy with reliefs of dragons and knights commissioned by a generous philanthropist after which it was aptly named.
La Pedrera: a Unesco-listed masterpiece. A beautiful building with endless balconies commissioned by another affluent businessman after which it was initially named (Casa Milà), but its nick (meaning the quarry, after its uneven grey stone façade) catched on and is now known by it.
Palau de la Música Catalana: again, another Unesco-listed building. I would finish quicker if I simply listed the ones which are not Unesco-listed!
Basílica de Santa Maria del Mar. I’ll finish the list as I started it, by naming another religious building, a Catalan Gothic church named Our Lady of The Sea that dates from the XIV century.

Conclusion

Truly, what can one add to perfection?

If you want your heart stolen visit Barcelona, or better yet, buy a property there. Barcelona is one of those bewitching cities which beauty and lovely people haunt you, leaving an indelible mark upon your soul. It truly is a unique European city that one should visit during his lifetime.

“Nothing is art if it does not come from nature.” – Antoni Gaudi

Antoni Gaudí i Cornet (1852 – 1926). Was a Spanish architect known as the greatest exponent of Catalan Modernism. Gaudí’s works are mostly located in Barcelona, and include La Sagrada Familia, Park Güell, and Casa Batlló amongst many others. Gaudí’s work was influenced by his passions in life: architecture, nature, and religion. Gaudi is universally acclaimed as one of the greatest modern architects whose magic art will echo down the ages, standing the test of time; a hallmark reserved only for a handful of artists.

Larraín Nesbitt Lawyers, small on fees, BIG on service.

Larraín Nesbitt Lawyers is a law firm specialized in conveyance, taxation, inheritance, residency, and litigation. We will be very pleased to discuss your matter with you. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88 or by completing our contact form to book an appointment.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

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Spain to increase Plusvalia tax on selling property as of 2023

Raymundo Larraín Nesbitt, November, 2. 2022

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
1st of November 2022

On selling property in Spain, you are liable for two taxes (more on this in our taxation article: Taxes on Selling Spanish Property – 8th December 2014):

Capital Gains Tax (CGT)
Plusvalia tax.

The first tax is national and set by the government.

The second one, is a devolved competency to municipalities (read town halls). They are free to set the rate within a sliding scale supplied by the government. The government will be adjusting the coefficients (read moving the tax goal posts) as from the 1^st of January 2023 in the new budget law. In plain English, town halls will have free rein to increase by as much as 50% Plusvalia tax as of next year.

If you are selling property in Spain, you should seriously factor this in on negotiating a sales price. Unlike CGT, there is no escape from paying Plusvalia tax. The reason is that buyers practice a retention on all non-resident sellers, so no matter what the tax is always paid to the town hall.

The importance of this cannot be understated if you are a seller. The smart thing would be to sell now, during 2022, even accepting a small discount on the sales price, as effectively you are going to pay this tax increase anyway on selling it as from next year onwards.

So next time you are negotiating with a buyer the asking price, keep my tip in mind. You may as well knock off a few thousand euros in the sales price to secure a sale now, during 2022, and save yourselves paying thousands more in 2023, and beyond!

You’re welcome.

We offer this conveyance service: Conveyancing in Spain – Selling

Larraín Nesbitt Abogados, small on fees, BIG on service.

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Happy Halloween!

Raymundo Larraín Nesbitt, October, 31. 2022

Anál nathrach, orth' bháis's bethad, do chél dénmha

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