Tax rate on onerous asset transfers
In this post our Law firm in Marbella analyses the tax rate of the transfer tax and stamp duty or “ITP and AJD” which is defined as the amount that the taxpayer must pay.
The tax rate is determined as follows:
In onerous asset transfers (“Transmisiones patrimoniales onerosas”):
A. Transfer of real estate assets:
In this post our law firm in Marbella analyses the tax rate of the transfer tax and stamp duty or “ITP and AJD” which is defined as the amount that the taxpayer must pay.
The tax rate is determined as follows:
| Base payable up to (euros) | Full quota euros | Taxable base (euros) | Applicable rate |
|---|---|---|---|
| 0,00 | 0,00 | 400.000,00 | 8,00% |
| 400.000,01 | 32.000,00 | 300.000,00 | 9,00% |
| 700.000,01 | 59.000,00 | and over | 10,00% |
Up to two garages attached to the property are excluded from the calculation.
The tax rate will be obtained by applying the following rate to the taxable base:
| Base payable up to (euros) | Full quota euros | Taxable base (euros) | Applicable rate |
|---|---|---|---|
| 0,00 | 0,00 | 30.000,00 | 8,00% |
| 30.000,01 | 2.400,00 | 20.000,00 | 9,00% |
| 50.000,01 | 4.200,00 | and over | 10,00% |
B. Transfer of movable and semi-movable assets or “bienes semovientes”, as well as the constitution of real rights over them, excluding guarantee rights.
“Semi-movable assets” means livestock.
By real right we understand the type of right that an individual possesses in relation to something in particular.
The tax rate will be obtained by applying this rate to the taxable base:
A 4% tax rate will be applied, in general.
A tax rate of 8% will be applied, in the transmission of boats of more than 8 metres in length, vehicles of more than 15 horsepower and objects of art and antiques.
C. A tax rate of 3.5% will be applied in the transfer of real estate whose real value does not exceed 130,000 euros.
This assumption will take place when the real value of the house does not exceed € 130,000 and is used for the purchaser's habitual residence, provided that it is less than 35 years old.
In the same way, a tax rate of 3.5% will be applied to the transfer of real estate when the amount does not exceed 180,000 euros, when it will be the habitual residence of the acquirer and the acquirer has a disability of 33% or more.
D. A tax rate of 2%:
will be applied on the purchase of property for resale by an individual or companies who engage in a business activity to which the rules of adaptation of the General Plan of the Real Estate Sector are applicable.
For more information on this point please consult our tax expert lawyers in Marbella.
E. A tax rate of 1% will be applied, in the case of the constitution of real rights of guarantee, pensions, bonds, loans and the transfer of credits.
F. In the case of leases.
we will have to refer to the scale of assessment established in the Law.
G. A lower tax rate will be applied in the constitution and exercise
of purchase option in lease contracts where the debtor surrenders an asset in lieu of payment.
Do not hesitate to contact our Law firm in Marbella if you have any questions regarding the Andalusian transfer tax and stamp duty or at the time of buying a property. Our team of expert lawyers will be happy to advise you and carry out all the relevant procedures.
Post a comment