hi everyone who may be remotely interested in this thread
Some scare mongering comments have been made which are quite frankly a load of old bull ... i say this because the last post was aimed at alarmism from someone who obviously has no idea of Spanish tax law and needs to have a quiet word in the ear of their financial advisor. Am not sure how they have bought their previous spanish property of which they claim to have a few but here goes anyway .....
When a purchaser makes stage payments to their developers, those payments do always include VAT. Builders and promoters, do have the obligation towards the tax authorities to submit the VAT retained to the clients to them quarterly ( every three months). And if they dont they are breaking the law.
There was a further point about the developer going bust ...
A. If there is a bank guarantee issued, they would recover all the stage payments.
B. If there was another builder taking over, I would assume that the new builder would just be asking for the final payment, wouldn´t he? Because, if he was asking for the full price, we could justify the funds paid so far. If he persisted asking for more money, we would sue them, since we would have a binding contract.
..... so i think that covers that
I shall continue
And yes the first promoter developer has to pay the tax it is fundamental Spanish tax law (am quoting from the last post so so might have to refer back there to understand what is being said)
got a grip (again refer to last post)
The payment of tax on purchasing a property is again a fundamental tax law which is dealt with at the notary while signing for the escritura (did i spell that right) where you transfer the title deeds into your name and is built into your Spanish mortgage or explained to you should you be purchasing with your own funds. Your fiscal number is required by any non Spanish resident purchasing property here in Spain and, correctly stated, is not required until you sign for the title deeds (although is a good idea to get it a few months before ... just for piece of mind)
Every solicitor agent worth their salt will instruct you to do this (again refer back ... ) as it is the law.
Joe ... i am so well informed ... i run a business here in Spain and it is my responsibility as a director to ensure my clients receive the best advise and adhere to the laws of this country ... otherwise they would lead me away in chains.
Refering back to the original post in this thread, you were quite correct to pay your IVA on your first stage payment and your developer will be paying said IVA to the Spanish tax authorities as they have to submit the factura of payment they gave to you as a receipt for monies received. And i mean they have too ... no such thing as a red reminder here in Spain.
One piece of solid advice if you are buying off plan , always insist on a bank guarentee .. and get your lawyer to check it ... and never pay any stage payments to your agent ... do it through your lawyer or directly to the developer (your legally binding private purchase contract) ... ok so that was two pieces of advice ... sorry i just got carried away.
Again as i said in my first post this sort of discussion is largely unmoderated .. and great thanks to the EOS team ... because without this it would be impossible to get the correct info over to the members here in eyeonspain. It is a fantastic forum and i believe ... well mostly in this case ... is very imformative to the members and gives them a good insight into purchasing their dream hoime here in Spain.
Robbie