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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5984
Experience:  Spanish Attorney
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Hello my name is XXXXX XXXXX I own 2 properties in Spain

Customer Question

Hello my name is XXXXX XXXXX I own 2 properties in Spain but they are registered in my father’s name, he is 68 years old and I need to get them back into my name as I’m concerned about inheritance tax if anything happens to my father. I am looking for the cheapest route to achieve this??
Each property is worth €500.000 each.
Submitted: 4 years ago.
Category: Spain Law
Expert:  José M. replied 4 years ago.

JoseMagadan :

Hi there

JoseMagadan :

I need to know the place where the propieties are here in spain

JoseMagadan :

Each region has different rules

JACUSTOMER-k6gr0ivm- :

benalmadina near malaga

JACUSTOMER-k6gr0ivm- :

we did a project back in 2001 where my father and myself purchased 1 property and 2 plots of land, my father managed the entire project and registered this in his name as he is a resident

JoseMagadan :

Well, there is not different between to make a donation now or wait until he pass Andalucia its the worst part of Spain for it

JACUSTOMER-k6gr0ivm- :

i dont understand sorry?

JoseMagadan :

The sum to be paid will be the same if he makes a donation now

JoseMagadan :

There is no way to avoid to pay less

JACUSTOMER-k6gr0ivm- :

what is the sum??

JoseMagadan :

If you want to ake it now you two should go to a notario in Spain or a spanish consulate in your country

JACUSTOMER-k6gr0ivm- :

so you cannot advise me?

JoseMagadan :

The sum will be about 20/35 per cent of the value of the propieties

JACUSTOMER-k6gr0ivm- :

i dont have the money now?

JoseMagadan :

May be better to do it as soon as posible baceuse even when Andalucia has very short tax reduces they still have something

JACUSTOMER-k6gr0ivm- :

so my fathers better off selling them now and gifting me the money

JoseMagadan :

But may be that they will cut them off soon bcecause of the crisis an them you will have to pay more

JACUSTOMER-k6gr0ivm- :

i dont understand what andalucia has to do with this?

JoseMagadan :

If you are NOT resident in spain you do not have to declare the gifts here

JoseMagadan :

Andalucia its the part of Spain where the propietis are, the comunidad autonoma

JACUSTOMER-k6gr0ivm- :

Sorry Jose i do not understand.

JACUSTOMER-k6gr0ivm- :

so if my father gifts me the hosue who has to pay the fees?

JoseMagadan :

I mean that if your fhater sell out to somebody alse and give you the money you do not have to pay taxes in Spain

JoseMagadan :

If you inheritage the propieties or get them by donation you have to pay 20/30 per cent

JoseMagadan :

But if he sells them out and give you the money you do not have to pay anything in Spain

JACUSTOMER-k6gr0ivm- :

any other solution if we dont sell them??

JACUSTOMER-k6gr0ivm- :

can we transfer them into a company that both my father and myself own in spain?

JoseMagadan :

It could be more spensive, you have to pay the transmission taxes to transfer the name into companis name and when he pass you will have to pay the transmission of the part of his part into your name

JoseMagadan :

So I think its not a good idea, more expensive at the end

JoseMagadan :

Have a good day, I will be here if needed, thank you

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