In onerous asset transfers (“Transmisiones patrimoniales onerosas”), that is, one in which a payment is made for the exchange of a good or right between the parties, which may be monetary or equity such as, for example, sale of movable goods or real estate, constitution of rights over real estate, leases or sale between individuals of used vehicles (vehicles, motorcycles and boats).

In company operations: it takes place when the incorporation, increase and decrease of capital, merger, division and dissolution of companies occurs.

 In stamp duty (“Acto Juridico Documentado”): as for example when granting deeds, notarized deeds and testimonies, bills of exchange or preventive notations practised in Public Registries.

TAXABLE PERSON (SUJETO PASIVO)

The individual or company liable for the tax obligation before the Andalusian Tax Authorities, also known as taxable person ( “Sujeto pasivo”) will be the following:

In onerous asset transfer (“Transmisiones patrimoniales onerosas”): it will be the acquirer or that person in whose favour rights over real estate are constituted.

In company operations: the taxpayer in the constitution of the company, capital increase, merger, company split and so on will be the company. By contrast, during the dissolution of companies and reduction of capital the partners will be taxable.

 In stamp duty: in notarial documents, the purchaser of the good or right, or the one who instructs the document or in whose interest it is issued; in the bills of exchange, the drawer; in the case of preventive property seizures (“Embargos”), however, the person requesting them will be liable for the relevant tax obligation.

Do not hesitate to contact our Law Firm in Marbella if you have any questions regarding to the Transfer Tax in Andalusia and stamp duty or at the time of buying a property, our team of expert Lawyers in Marbella will be happy to advise you and carry out all the relevant procedures of the purchase.