Regulatory changes to legalise and constitutionalise the municipal capital gains tax came into effect on 10 November. The rule is not retroactive, so more taxpayers than the government expects are exempt from paying the tax. Now, the Directorate General of Taxes, part of the Ministry of Finance, has clarified the circumstances in which taxpayers must […]
The “new” municipal plusvalia tax approved by Royal Decree Law could be declared unconstitutional. In fact, the Constitutional Court has admitted the appeals of the PP and Vox for considering, among other things, that the use of the decree law formula is illegal because the reasons of “extraordinary and urgent necessity” established by the Constitution […]
The new Cadastre reference value, which came into force at the beginning of the year, is the taxable base for taxes as important as the ITP, which is paid when buying a used house, or the Inheritance and Gift Tax (ISyD). It also affects Wealth Tax, Personal Income Tax and Capital Gains Tax. How does […]
From today, Friday, 3rd September 2021, Article 28 of the Mortgage Law, by which the non-forced heirs (siblings, cousins, nephews, …) could not sell the properties without waiting two years, in case another heir appeared, which has always been considered very unfair, due to the costs that inheritances already have. On 3 June 2021, Law […]
Mortgage loans are not the only major expense involved in buying a home. In fact, in order to formalise the deal and become the owner of the property, there are many expenses and taxes to be faced. Between the valuation of the house, the notary, the registry and the corresponding taxes (VAT, ITP…), depending on […]
Another very interesting ruling is given by the European High Court on 16 July 2020. In the judgment with joined cases C-224/19, C-259/19, it rules on the payment of mortgage costs (derived from the formalization of mortgage loans, such as notary, registration, agency, appraisal and taxes) arising from the declaration as abusive of a clause […]
The government has decided to extend the package of social measures it has already decreed in the midst of the coronavirus scare. These include extending the deadlines for applying for a moratorium on the payment of mortgages and rent to large landowners until the end of September. In addition, rental contracts that have expired during […]
The European Court of Justice has ruled that IRPH index for mortgages may be abusive. The European Court of Justice (TEU) ruled today, Tuesday 3 March 2020, that the clause in a mortgage loan contract concluded between a consumer and a professional, with the controversial mortgage index (IRPH), “falls within the scope of the Unfair […]
When we decide to buy a property, the mortgage becomes an essential procedure in most cases. For which at least, we must have 20% of the capital saved, as mortgage lenders do not reach more than 90% of the appraisal value. One of the most important variables to determine the price of the mortgage of […]
The Plusvalia Tax, is the tax that is paid when a house is sold with profits, it is annulled, if the amount exceeds the profit by the sale of the good. The Constitutional Court has just declared the collection of this tax unconstitutional in those cases in which the amount payable by the taxpayer is […]
