DISSOLUTION OF JOINT PROPERTY OWNERSHIP

Are you fed up with your partner? Did you know there is a special procedure in Spain to terminate property co-ownership which saves you up to 86% in taxes? Solicitor Raymundo Larraín explains to us how to re-arrange asset holdings in Spain between family and friends without attracting a great deal of taxes. Interested? Read on.

WORDS RAYMUNDO LARRAÍN NESBITT DIRECTOR OF LARRAÍN NESBITT ABOGADOS

INTRODUCTION

In this article, we explain a special legal procedure that can be followed in Spain to re-arrange property holdings which saves buyers a considerable amount in taxes. On buying resale property in Spain, a buyer is normally subject to 8% Property Transfer Tax (ITP), or even more, on the sales proceeds. However, on following what is known as a ‘Dissolution of Joint Property Ownership’ (or DJPO, for short) a buyer attracts only 1.5% Stamp Duty. The catch is that you must already be a joint owner for this tax advantage to apply. In plain English, this procedure saves you 86% in tax, or more.

DEFINITION

A Dissolution of Joint Property Ownership allows joint owners to re-arrange their share on a property in a taxefficient manner as it enables the outgoing joint owner to transfer his/her share to an existing coowner, legally waiving the extreme Property Transfer Tax and paying in lieu 1.5% Stamp Duty (or less).

DJPO REQUIREMENTS

• Both buyer and seller must be pre-existing owners of a property, i.e. a married couple who own a property under joint names.

• One of them wishes to terminate the situation and sell his/her share to another joint owner.

• If there is an outstanding mortgage on the property, a lender’s permission may be required to release the outgoing borrower/owner from their commitment.

APPLICABLE CASES

A DJPO is suitable in a number of cases involving joint property ownership:

1 – In a divorce or separation. Couples owning property jointly may decide to split up. Taking for granted they own a property in equal shares, one of them decides to sell their 50% to their ex-partner. The ex-partner will pay them their quota on this transaction.

2 – Re-arranging inheritances. Beneficiaries of an inheritance transferring their quota on a property to a fellow heir. For example, sisters who inherit property transfer a share between them.

3 – Re-arranging property holdings between family and friends. Stakeholders such as family, friends or investors co-owning a property may decide to re-arrange their holdings.

ASSOCIATED TAXES & EXPENSES

Both buyer and seller are subject to pay taxes on transferring ownership of the asset.

BUYER: • Pays 1.5% Stamp Duty on the outgoing share.* • Lawyer’s fees • Notary fees • Land Registry fees • Pays the percentage of the property’s value *In some regions of Spain, due to devolved competencies, it is in fact well-below this quoted tax rate.

SELLER: • Pays Capital Gains Tax (CGT, for short) on the outgoing share. • If the seller is non-resident, a 3% retention may be practiced on the outgoing share.

IN CONCLUSION

A Dissolution of Joint Property Ownership is optimal to mitigate a buyer’s tax burden. In fact, it saves them 86% in taxes, or more, in a legal manner. A seller’s CGT can also be greatly mitigated, or even completely negated, on applying for lenient tax relief.

However, a DJPO may not apply in all cases. Seek legal advice on the matter.

A non-contentious DJPO works much like a conveyance and can be arranged within a few days providing both parties agree to it. It can be arranged without any need to fly over to Spain by way of granting your appointed Spanish lawyer a specific power of attorney. The new re-arranged ownership will then be lodged at the Land Registry after the associated taxes are settled.

A DJPO neatly puts to rest the financial side of couples’ ongoing marital disputes, legally saving them a great deal in taxes. It’s a win-win.

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