Notarial purchase and sale services refer to both the purchase of real estate and the purchase of company shares or stakes.
Real estate purchase and sale:
Documentation required:
Real estate purchase and sale:
Sellers' property deeds.
Sellers' and buyers' national identity documents.
Matrimonial economic regime of both.
If any company is involved, current powers of attorney or administrator appointments.
Company registration details.
For urban properties, a certificate from the homeowners' association stating that community fees are up to date.
Cadastral reference (last property tax receipt)
Whether it is leased or not.
Sale price.
How transaction costs are paid: Notary fees, municipal capital gains tax.
Share purchase and sale:
Sellers' property deeds.
Sellers' and buyers' national identity documents.
Matrimonial economic regime of both.
If any company is involved, current powers of attorney or administrator appointments.
Company statutes for which the stakes or shares are being processed, and their company registration details.
The company's tax identification number (CIF).
Sale price.
How transaction costs are paid.
Costs involved in granting a real estate purchase and sale deed
In the absence of an agreement to the contrary, the costs are distributed according to the law as follows:
Seller: The deed (except for the authorized copy) and the capital gains tax (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 private sales and Documented Legal Acts 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 registration fee schedule.
Municipal capital gains tax (IIVTNU). This is a cost for which the seller is liable and must be paid within 30 business days following the signing of the purchase and sale deed, using 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 buyer is liable and payment must also be made within 30 business days following the signing of the purchase and sale deed, using the authorized and simple copies provided by the notary.
Personal Income Tax (IRPF). Remember that the sale of real estate typically results in a capital gain for the seller, which must be included in their IRPF declaration in the year following the sale.
Real Estate Tax (IBI). Following the Supreme Court ruling of June 15, 2016, regarding the Real Estate Tax installment for the current year, the general rule, in the absence of an agreement to the contrary, will be that the seller who pays the tax - as the taxpayer due to being the owner on January 1st - may charge it to the buyer, proportionally to the time each party has held ownership and for the time they will do so.