Notarial sale and purchase services refer to both the purchase of real estate and the purchase of shares or stakes in a company.

Real Estate Sale and Purchase:

Required Documentation:

  • Real Estate Sale:

    • Property titles of the sellers.

    • ID cards (D.N.I.) of both sellers and buyers.

    • The marital property regime of both parties.

    • If a company is involved, the current powers of attorney or appointment of administrators.

    • Registration data from the Commercial Register.

    • For urban properties, a certificate from the community of property owners confirming that the community expenses are up to date.

    • Cadastral reference (latest IBI receipt).

    • Whether it is leased or not.

    • The sale price.

    • How the transaction costs are paid: Notary fees, Municipal Plusvalía (capital gains tax).

  • Sale of Shares/Participation:

    • Property title of the sellers.

    • ID cards (D.N.I.) of both sellers and buyers.

    • The marital property regime of both parties.

    • If a company is involved, the current powers of attorney or appointment of administrators.

    • Articles of association of the company, as well as its registration data in the Commercial Register.

    • The company’s tax identification number (C.I.F.).

    • The sale price.

    • How the transaction costs are paid.

Costs of Granting a Deed of Sale of Real Estate

In the absence of an agreement, the costs are distributed as follows, according to the law:

  • Seller:

    • The deed (except for the authorized copy).

    • Plusvalía (Increase in land value).

  • Buyer:

    • The copy of the deed.

    • The costs of registration at the Property Registry.

    • The Tax (Property Transfer Tax for private sales and Documented Legal Acts for purchases from a developer, where VAT will have been paid).

  • Property Registry: This is a cost borne by the buyer and is determined by the registry fee schedule.

  • Municipal Plusvalía (IIVTNU): This is a cost for which the seller is the taxpayer. It must be paid within 30 business days following the signing of the deed, with the simple copy provided by the notary. (This cost does not apply if the transferred property is rural land.)

  • Property Transfer Tax or Documented Legal Acts Tax: Here, the taxpayer is the buyer. It must also be paid within 30 business days after the signing of the deed, using both the authorized copy and the simple copy provided by the notary.

  • Personal Income Tax (IRPF): Remember that the sale of a property generally results in a capital gain for the seller, which must be included in their IRPF declaration for the year following the sale.

  • Property Tax (Contribution): Following the Supreme Court ruling of June 15, 2016, regarding the Property Tax for the current year, the general rule, unless otherwise agreed, is that the seller, as the taxpayer (since they are the owner as of January 1st), can pass this cost on to the buyer, in proportion to the time each party has held ownership during the year.