Real Estate Taxation Lawyer in Ibiza

Q: How does property ownership taxation in Spain affect me if I am a non-resident?

As a non-resident, you must pay Property Tax (IBI) and declare any rental income under Non-Resident Income Tax (IRNR) . There are also taxes related to vacation use or second homes.

Q: What taxes do I have to pay when selling a property in Spain?

When selling, you must pay Personal Income Tax (IRPF) or Non-Resident Income Tax (IRNR) on capital gains, as well as the Municipal Capital Gains Tax (Plusvalía Municipal) . Applicable exemptions and deductions depend on your personal situation.

Q: How can I avoid double taxation if I am a foreigner and own property in Spain?

Double Taxation Agreements (DTAs) help prevent paying the same tax twice. Check the agreement between your country and Spain to understand how it applies to your case.

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At Rodríguez Tur Abogados, we offer comprehensive legal services in real estate taxation, tailored to both residents and non-residents with interests in the Spanish property market. Our tax team provides guidance throughout every stage of a property’s life cycle: from acquisition and ownership to transfer (sale, donation or inheritance), ensuring regulatory compliance and tax efficiency.

Real Estate Tax Law in Ibiza

We support you in all tax-related matters concerning real estate in Spain, whether you are an individual, a legal entity, or a non-resident. We handle a full tax analysis of your real estate investment, from acquisition to future transfer, helping you avoid mistakes, penalties, and unnecessary costs. Our team of tax lawyers has specialized experience in real estate taxation across various autonomous communities, allowing us to offer solutions tailored to the legal and tax framework of each region.

Comprehensive Real Estate Tax Advice

If you are planning to buy, own, or sell a property in Ibiza, having proper tax advice is essential. At Rodríguez Tur Abogados, we analyze your personal or business situation and design the most efficient strategy to reduce your tax burden within the legal framework. We work with both residents and non-residents, individuals, investors, and companies.

Property Purchase in Spain

Determination of applicable tax: VAT or Transfer Tax (ITP), depending on the type of property.
Calculation of Stamp Duty (AJD): and other regional taxes based on location.
Associated costs: notary, land registry, administrative fees, and their deductibility.
Transaction planning: for individuals, legal entities, or non-residents.

Taxation of Property Ownership

Property Tax (IBI) and Income Tax (IRPF or IRNR): depending on use (primary residence or investment).
Rental income: reporting, deductions, and tax depreciation.
Taxation of vacation use or second homes: domestic or international.
Optimisation through indirect ownership: holding companies or family structures.

Tax Representation and International Treaties

Representation before the Tax Authorities: notifications, requirements, and filings.
Application of double taxation treaties: to avoid double taxation.
Undue or excessive withholdings: refund claims before the Spanish Tax Agency (AEAT).
Tax adaptation for foreign residency: EU, LATAM, Asia, or the U.S.

Review of Penalties and Tax Regularisation

Review of tax notices and penalties: response and defence before the Tax Authorities.
Regularisation of previous tax years: avoiding unnecessary penalties.
Payment plans or instalments: negotiation of tax debts.
Prevention of future contingencies: tailored preventive tax advisory.

Sale, Donation, or Inheritance of Real Estate

Personal or Non-Resident Income Tax (IRPF or IRNR) on capital gains: calculation and applicable exemptions.
Municipal Capital Gains Tax (Plusvalía): review and filing with the local council.
Inheritance and Gift Tax (ISD): planning based on the relevant region.

Real Estate Tax Advisory for Foreign Investors

Preliminary tax analysis: Assessment of the most suitable tax structure based on your country of residence.
Acquisition optimisation: Guidance on purchasing through companies or as a private individual.
Applicable tax calculation: VAT, Transfer Tax (ITP), and Stamp Duty (AJD), depending on the transaction and region.

Frequently Asked Questions about Real Estate Taxation

What taxes do I have to pay when buying a property in Spain?

When purchasing a property, you must pay VAT (if it’s new) or Transfer Tax (ITP) if it’s a resale, along with Stamp Duty (AJD) for the deed. There are also additional costs such as notary fees and land registry fees.

How does property ownership taxation in Spain affect me if I am a non-resident?

As a non-resident, you must pay Property Tax (IBI) and declare any rental income under Non-Resident Income Tax (IRNR). There are also taxes related to vacation use or second homes.

What taxes do I have to pay when selling a property in Spain?

When selling, you must pay Personal Income Tax (IRPF) or Non-Resident Income Tax (IRNR) on capital gains, as well as the Municipal Capital Gains Tax (Plusvalía Municipal). Applicable exemptions and deductions depend on your personal situation.

How can I avoid double taxation if I am a foreigner and own property in Spain?

Double Taxation Agreements (DTAs) help prevent paying the same tax twice. Check the agreement between your country and Spain to understand how it applies to your case.

What should I do if I have outstanding tax penalties related to my property in Spain?

If you have penalties, you can review them, regularize previous tax obligations, and negotiate a payment plan to avoid further issues.

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