Please I need some advice!

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06 Sep 2008 12:00 AM by melsmith Star rating. 1 posts Send private message

My parents want to gift their holiday apartment in Torrevieja to me as part of my inheritance, they want to transfer it into my name. What costs are involved in this as I believe they can be quite high and is there any way around this. I live in th UK as do my parents, the property is valued at approx 95,000. Please can anyone give advice on what to do next.



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06 Sep 2008 10:22 AM by semijubilada Star rating in London/Torrevieja. 1052 posts Send private message

I'm in a similar situation as our house is only held in my name.  To put my husband onto the deeds as joint owner would be classed as selling half the property to him and we would have had to pay all the fees involved in that procedure.

At the bottom of this board is a thread for advice from Spanish Solicitors, why not ask this question there and they will be able to tell you exactly what is involved and possibly suggest a way around this.





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06 Sep 2008 10:38 AM by tinto. Star rating in Scotland & Nr Estepo.... 243 posts Send private message

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I was told costs wuld be around 10% same as if you were buying.





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06 Sep 2008 3:57 PM by Poppyseed Star rating. 897 posts Send private message

I don't know if there is such a thing as "deed of gift" in Spain. I inherited an apartment in the UK, when we wanted to include my husband as joint owner it was done as a "deed of gift" and we just paid the solicitors fees and maybe a fee to the Land Registry. Perhaps there's a limit on the value of such gifts.

_______________________

Poppyseed




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06 Sep 2008 8:07 PM by tinto. Star rating in Scotland & Nr Estepo.... 243 posts Send private message

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Poppyseed I think that is fine in the UK so loing as you live for 7 years in spain though you have the 7.5% IVa.



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12 Sep 2008 5:05 PM by cooberpedy Star rating. 91 posts Send private message

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Hi

just wondered if anyone has had experience of this, if so, what did you do?

we bought our property in 2004, completed in 2006 and got all the documentation we needed at the time NIE etc, but this appears to be something entirely new. If we have to sort it out, where do we have to go? the property is registered at San Javier in Murcia province, but our bank is at Cabo Roig.

Is it me, or do others feel as if we are being hit from all sides for having the audacity to believe we could invest our hard earned money in Spain?

From The Sunday Times

September 7, 2008

Britons hit by tax blitz on Spanish homes

Ali Hussain

Owners of Spanish property could lose their homes if they fail to produce new identification documents proving their non-resident status, writes Ali Hussain.

Britons who use their overseas accounts to pay for their Spanish mortgages and essentials such as utility services and council taxes, have been required by Spanish banks to produce a residence certificate or “Residencia” since March last year.

Failure to produce the new documents could result in bank accounts being frozen and mortgage repayments stopped.

However, some Spanish banks have failed to contact homeowners or given short notice to produce the papers. Related Links

* How to move to Spain

* Gloom for Britons as Spain’s properties drop

One reader, Simon Wells, 52, from Walthamstow, east London, said that on August 15 he was told by his Spanish bank, Cajamar, to produce the documents by September 15.

“This is not easy to do as you have to register in person at a Spanish police station and then have it stamped by a town hall official. We were warned our account could be frozen.”

The requirement is part of an EU initiative to crack down on tax dodgers. Spanish residents are taxed at source, so to avoid paying tax there you have to prove non-residence status.

Britons — there are about 145,000 with bank accounts and properties in Spain, said broker Savills Private Finance — have to declare gains made in Spanish bank accounts to the UK taxman.

You qualify for non-resident status in Spain if you spend fewer than 180 days a year in the country and are able to produce the new document.

Anyone who bought a property before the new rules came into effect may be asked by their Spanish bank to produce the Residencia. Those who bought property after they were introduced will have been told of the requirement.

Residence certificates include your name, address, nationality, date of registration and the “Numero de Identificacion de Extranjeros”, a tax number for foreigners in Spain.

The Spanish Tourism Office said: “If you have a Spanish property, and have not been asked to produce this document, I suggest you contact your bank directly.”

Homeowners can contact the Spanish Ministry of the Interior’s immigration directorate helpline for more advice on 00 34 91 363 9071.

To apply for the non-residency certificate you usually need to go in person to the Oficina de Extranjeros or police station in your province of residence.

The document costs about €10-€13, although if you go through a lawyer you may have to pay more than ¤120 (£97.20).

Find the nearest Oficina de Extranjeros at mir.es/SGACAVT/extranje/directorio.html



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