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Home | Tax advice | Property Tax Advice
In a real estate transaction, taxes are also part of the price.
Sales, rentals, real estate developments, investments, inheritances, or gifts can affect your return on investment if tax implications aren’t considered from the outset.
A property's profitability is also determined by its tax treatment.
A real estate transaction may involve VAT, transfer tax (ITP), stamp duty (AJD), capital gains tax, municipal capital gains tax, or corporate income tax implications.
In real estate developments, it is also necessary to review the structure of the transaction, the costs, ownership, financing, and the timing of the sales.
A one-time rental transaction is not taxed the same way as a rental business operated with one’s own resources.
It is advisable to review income, deductible expenses, depreciation, VAT when applicable, and the tax implications of managing multiple properties.
Real estate investment requires more than just considering the purchase price and projected income.
Real estate holding companies, SOCIMIs, investment vehicles, financing, and expected returns must also be analyzed from a tax perspective.
A property that is inherited or gifted can have implications for various taxes and the organization of the family’s estate.
Before transferring ownership, it is advisable to review the property’s appraised value, family relationships, the autonomous community where the property is located, capital gains tax, and how the property fits with the rest of the family’s assets.
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A property can be classified as an asset, an investment, rental income, or equity. And each classification affects the tax liability.
Real estate taxation does not depend solely on buying, selling, or renting.
Other factors that influence it include ownership, the use of the property, financing, deductible expenses, depreciation, the existence of economic activity, and the structure through which the transaction is carried out.
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The property's location does not always determine the full tax implications of the transaction.
01
Sales, rentals, real estate developments, and investments reviewed from the perspectives of taxes, ownership, financing, and accounting treatment.
02
Estate structures, corporations, real estate assets, and income that require a comprehensive tax analysis.
03
Nonresidents and International Transactions
Sales, rentals, or investments involving nonresidents; agreements; withholding taxes; and tax obligations related to real estate in Spain.
In real estate, every number needs context.
A real estate transaction almost never starts with taxes. It starts with a price, an inheritance, a partnership, a rental, or a sale that seemed straightforward.
Our job is to analyze that transaction before it becomes a deed, a tax settlement, or a tax return.
Emiliano Carrillo
Socio
Arabela Carrillo
Socia
José Luis Fraile
Socio
Antonio Juan Perez Madrid
Asesor Fiscal
Pedro Lorenzo
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Montse Santamaría
Dpto. Fiscal
Javier López
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María José Muñoz
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Diana Patricia Riveros
Dpto. de Arte y Cultura
Irene Martínez
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Adela Martínez
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Laly Cayuela Hernández
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Pedro Tomás López
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María Luisa Laborda
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Ana María Moreno
Dpto. de Arte y Cultura
Pilar Díaz Clemente
Dpto. de Arte y Cultura
Daniel Borrachero
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Maria Ángeles M.Coll
Asesora Fiscal - Dpto. de Arte y Cultura
Miguel Martínez
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Elena Cerezuela
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Cruz Noguera
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Chari Martínez
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Antonio Campillo
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Francisco Javier Morcillo
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Ana María Sánchez
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Silvia González
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Vicente Rocamora
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Mónica Muñoz
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Manuel Soto
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Laura Martínez
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José Pedro Díaz
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José Alberto Martínez
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Isabel García
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Diego Arques
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Brian Garrido
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Mª Isabel Carrión
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Carlos Viñegla
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Carlos Nistal
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Cinthia Sanchez
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Eduardo Pallero
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Gloria Cruz
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Lola Gandia
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Plinio Simón
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David Delgado
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In a real estate transaction, tax-related questions usually arise before the contract is signed.
A real estate tax advisor reviews the tax implications of real estate sales, leases, developments, investments, inheritances, and gifts. They also analyze taxes, ownership, deductible expenses, capital gains, corporate structure, and the necessary documentation.
It is advisable to do this before closing the transaction, especially if it involves a sale, lease, holding company, investment, or family transfer. Tax implications can affect the actual return and the final cost of the transaction.
It depends on who is selling, the type of property, the purchase price, the sale price, and the applicable taxes. There may be a capital gain, municipal capital gains tax, VAT, property transfer tax (ITP), stamp duty (AJD), or an impact on corporate income tax.
Renting can affect income tax, VAT, corporate income tax, and accounting obligations, depending on who is renting and how the activity is structured. It’s also a good idea to review deductible expenses, depreciation, withholdings, and whether the lease qualifies as a business activity.
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