Notarial purchase and sale services refer to both the purchase of real estate and the purchase of shares or stakes in a company.
Purchase and sale of real estate:
Required documentation:
Purchase and sale of real estate:
Sellers' title deeds.
D.N.I. of sellers and buyers.
Matrimonial economic regime of both.
If a company is involved, current powers of attorney or appointment of administrators.
Company registration details.
For urban properties, a certificate from the community of owners stating that all community fees are up to date.
Cadastral reference (last IBI receipt)
Whether or not it is leased.
Sale price.
How transaction costs are paid: Notary, municipal Plus Valía.
Purchase and sale of stakes:
Sellers' title deeds.
D.N.I. of sellers and buyers.
Matrimonial economic regime of both.
If a company is involved, current powers of attorney or appointment of administrators.
Company statutes, for which the stakes or shares are being processed, and their company registration details.
The company's CIF.
Sale price.
How transaction costs are paid.
Costs involved in granting a real estate purchase and sale deed
If there is no agreement on this matter, the costs according to law are distributed as follows:
Seller: The deed (except for the authorized copy), and the Plus Valía (Increase in land value).
Buyer: The copy of the deed, the costs of registration in the Property Registry, and the Tax (Property Transfer Tax in private sales and Documented Legal Acts, when purchasing 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 registry tariff.
Municipal Plusvalía (IIVTNU). This is a cost for which the seller is liable and must be paid within 30 business days of signing the purchase and sale deed, with 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 it must also be paid within 30 business days of signing the purchase and sale deed, with the authorized and simple copies provided by the notary.
Personal Income Tax (IRPF). Remember that the sale of real estate usually results in a capital gain for the seller, which must be included in their IRPF declaration the year following the sale.
Real Estate Tax (Contribution). Following the Supreme Court ruling of June 15, 2016, regarding the Real Estate Tax quota 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 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 do so.