Notarial purchase and sale services refer to both the purchase of real estate and the purchase of company shares or holdings.
Purchase and sale of real estate:
Required documentation:
Purchase and sale of real estate:
Sellers' property titles.
D.N.I. of sellers and buyers.
Marital economic regime of both.
If a company is involved, powers of attorney or current 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 IBI receipt)
Whether it is leased or not.
Transfer price.
How transaction costs are paid: Notary fees, municipal capital gains tax.
Purchase and sale of holdings:
Sellers' property titles.
D.N.I. of sellers and buyers.
Marital economic regime of both.
If a company is involved, powers of attorney or current administrator appointments.
Articles of association of the company whose holdings or shares are being transferred, and its company registration details.
The company's C.I.F.
Transfer 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, costs are distributed by 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 developers, for which VAT will have been paid).
Property Registry. This is a cost borne by the buyer and is determined by the registry tariff.
Municipal Capital Gains Tax (IIVTNU). This is a cost for which the seller is liable and must be paid within 30 working days following the signing of the purchase and sale deed, using the simple copy provided by the notary. (This cost does not exist if the transferred property is rural land.)
Property Transfer Tax or Documented Legal Acts Tax. Here, the buyer is liable and the payment must also be made within 30 working 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 a real estate property normally represents a capital gain for the seller, which must be included in their IRPF declaration for the year following the sale.
Real Estate Tax (Property Tax). Following the Supreme Court ruling of June 15, 2016, regarding the Real Estate Tax quota corresponding to the current year, the general rule, in the absence of a contrary agreement, will be that the seller who pays the tax – as the liable party being the owner on January 1st – may pass it on to the buyer, in proportion to the time each party has held ownership and for the time they will do so.