This is a website for buyers, owners, and sellers of property in Spain, offering reliable information and resources to help you get things done with confidence. It is run by Mark Stücklin, author of the Spanish Property Doctor Column in The Sunday Times (2005-2008), and the book ‘Need to Know: Buying Property in Spain’ published by Collins.
Draft tax reforms, presented earlier this month by the Spanish Government, plan to remove tax breaks for vendors who have owned their homes for many years. That could encourage a wave of owners to sell in the second half of this year, putting more downward pressure on house prices.
From the 1st of January 2015, Spanish capital gains tax reductions on properties owned since 1994, and inflation relief on properties owned since 2008, could disappear overnight if the Spanish Treasury gets its way.
The capital gains tax reduction (Coeficientes de Abatimiento) and inflation relief (Coeficientes de Actualización) were introduced decades ago when Spain was still a high-inflation economy. Back then capital gains were high thanks to inflation. So rather than tax vendors for gains driven by inflation, the idea was to apply capital gains to real increases in value rather than inflated nominal values. The objectives were to encourage both domestic savings and investments in real estate.
In 2006, capitals gains and inflation tax relief was discontinued for all properties acquired from then on, but vendors who bought before 1994 were still allowed capital gains tax reductions of 11.1 per cent per year counting from the third year of ownership. So a property bought in 1990 would get a 22.2 per cent reduction in the capital gains tax to pay if sold today.
For example, a home bought in 1990 for €75,000 and sold today for €116,000 would attract capital gains tax on profits of €41,000. Sold this year, the capital gains tax to pay after relief would be €2,375. But under the new proposals in the draft tax reform, the same property sold on or after the 1st of January 2015 – after the tax breaks disappear – would attract capital gains tax of €8,900, more or less the full taxable rate of 21 per cent on gains of €41,000. So capital gains tax would rise from €2,375 to €8,900 overnight, an almost threefold increase.
If the draft law is passed in its present form, there is a danger that house prices will come under new pressure as vendors who have owned their homes since 1994 or before try to sell before the tax breaks expire at the end of the year. Given the dramatic rise in capital gains on the table, vendors will have a big incentive to reduce prices to avoid a tax clobbering.
Based on it’s record of increasing transaction taxes on home buyers, with VAT on new homes raised to 10 per cent, and the ITP transfer tax in regions like Catalonia and Valencia hiked to 10 per cent, it looks like the Spanish state has got it in for property buyers and sellers.
However, this proposal would only affect older homes that have been owned for more than 20 years, most of which will be in dire need of renovation. It wouldn’t have the same impact on new build prices, not least because there is hardly any stock of attractive newly built properties left on the market today in Spain.
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See all related: Capital gains tax (CGT)
Phil says:
Incredibly short-sighted of Spain to consider this proposal as well as the spectre of raising VAT on new homes, it flies in the face of Spanish property being seen as a good time to buy by many agents irrespective of any other known problems. Spain creates new risks that potential buyers have no control over!
Hans says:
It seems like the Spanish government has a hidden agenda that has absolutely nothing to do with repairing it’s ailing economy. High unemployment, declining wealth for low and middle income people, and inflation caused by the government. Perfect environment for the world of corporate Buzzards! Maybe that’s the agenda? The elite Spanish get richer, and the Buzzards pick the bones clean.
Amanda says:
You mention 1994 and 2006, what happens if you bought your property in 2000 and aren’t considering selling it till around say 2017/2018 does the 21% tax on capital gain still apply or would there be some kind of reflief granted ?
Mark Stücklin says:
Amanda, no relief whatsoever if you bought in 2000.
Rachael says:
Hello Mark
There is some confusion at the moment as to whether capital gains tax relief on the sale of property for over 65s is been scrapped in Spain as of 2015. If you are resident in Spain, have been paying your taxes there and it has been your main residence for over 3 years (and are over 65) will the tax exemption still apply?
Thank you!
Rachael
UBEDA says:
Hi Rachael, there is still no CGT on your principal residence if you are over 65 and sell!!!. other assets including second homes, pension funds etc will be subject to CGT
KD says:
Can you be 100% certain of that? Do you know when the final draft of the new tax legislation is to be published? thanks.
Mark Stücklin says:
KD, nothing is certain until it’s on the statute books, but it looks very likely that this will go ahead as stated in the draft. Here is a recent article (10 days ago) on this question in the Spanish press: http://www.elmundo.es/economia/2014/09/05/5408a0f5e2704e11188b4596.html
KD says:
Thank you for your opinion Mark. Are you suggesting that there would be no obligation upon sale of vivienda habitual by over 65’s to re-invest in an annuity also, and that the reference to such re-vestment in the el mundo article relates not to main home but to sale of second subsequent homes, and to other non real property assets (… si son mayores de 65 años, reinvertirla en productos financieros de rentas vitalicias (novedad en la reforma) ?
KD says:
Should read, ‘…second and /or subsequent homes…’. apologies for omission.