Why not hold titles in company to avoid the ITP?

Spanish Property Insight Forums Spanish Property Forums Property Questions & Answers Why not hold titles in company to avoid the ITP?

This topic contains 1 reply, has 2 voices, and was last updated by  SurveySpain 8 months, 3 weeks ago.

  • Author
    Posts
  • #224059

    entropy
    Participant

    Why don’t investors who sooner or later plan to sell hold titles in a company and sell that company’s shares, in order to avoid the buyer having to pay the ITP? Given the ITP is very material, I don’t understand why don’t investors structure the investment to minimize it. I am sure many do, but I also see many sellers (foreign) hold in personal titles, so making buyers subject to the tax.

    • This topic was modified 9 months ago by  entropy.
  • #224131

    SurveySpain
    Participant

    The Spanish tax authorities are aware of this avoidance. If a property is held by a Spanish company and that company has no other activity, the authorites will charge tax based on a notional rent that the company should have been charging for the property to give a return to shareholders. They can do the same if there is a car in the garage also registered to the company. One way or another, they will ‘get’ you. Check with a responsible lawyer or accountant who will give advice and not just take your money to do what you ask and not answer the questions you don’t know to ask.

The forum ‘Property Questions & Answers’ is closed to new topics and replies.