# Tax - suma



## Amandab (Dec 1, 2011)

Hi, can anyone help?
Who in Spain is liable for tax/community/utility bills? Is it the owner of the property or the person who has been using the property over the last 20 years and has now died. Bearing in mind there were no rental agreements made or rent ever paid.
Thanks, hope you can help.
Amanda


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## Stravinsky (Aug 12, 2007)

Amandab said:


> Hi, can anyone help?
> Who in Spain is liable for tax/community/utility bills? Is it the owner of the property or the person who has been using the property over the last 20 years and has now died. Bearing in mind there were no rental agreements made or rent ever paid.
> Thanks, hope you can help.
> Amanda


Well afaik those costs are attached to the property, so at the end of the day it would be the home owner unless you had a specific rental contract drawn up saying differently (which you didnt I guess)

So, when the home is to be sold there would be a claim against the property for the taxes ... I'm assuming what you are saying is that no one ever paid it ....


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## Amandab (Dec 1, 2011)

Stravinsky said:


> Well afaik those costs are attached to the property, so at the end of the day it would be the home owner unless you had a specific rental contract drawn up saying differently (which you didnt I guess)
> 
> So, when the home is to be sold there would be a claim against the property for the taxes ... I'm assuming what you are saying is that no one ever paid it ....




Thanks. Long story is-my mum bought the property around 30 years ago, in her name only. Mum and dad used it, they then divorced and my dad has used it for the last 20 years. He recently died leaving property tax among others debt.

My mum will now try to sell it but needs to pay the debt off first.

Who is liable, my dads estate or my mum? 

Thanks for your help


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## Stravinsky (Aug 12, 2007)

Amandab said:


> Thanks. Long story is-my mum bought the property around 30 years ago, in her name only. Mum and dad used it, they then divorced and my dad has used it for the last 20 years. He recently died leaving property tax among others debt.
> 
> My mum will now try to sell it but needs to pay the debt off first.
> 
> ...


Well, I guess that is both if he left it to your mum.
When this happens all those taxes as well as the Inheritance tax has to be paid _before _the property can be released ... so basically that property is held until the debts are paid off. If the debts are not paid off then it wont be released.

I suppose I have to ask the horrible question .....

Is there a will?


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## gus-lopez (Jan 4, 2010)

Stravinsky said:


> Well, I guess that is both if he left it to your mum.
> When this happens all those taxes as well as the Inheritance tax has to be paid _before _the property can be released ... so basically that property is held until the debts are paid off. If the debts are not paid off then it wont be released.
> 
> I suppose I have to ask the horrible question .....
> ...


No, there won't be inheritance tax as mum is & always has been the sole owner. Mum will be liable for the debts . Whether she can get anything from your fathers estate is another matter.


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## Amandab (Dec 1, 2011)

Thanks, thats right, she has always been the sole owner.


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## thrax (Nov 13, 2008)

If she is the sole owner then I'm afraid she is liable for any debts that have accrued against the property.


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## Amandab (Dec 1, 2011)

Thanks


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## djfwells (Sep 28, 2009)

The legally registered owner of the property would be liable


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## Stravinsky (Aug 12, 2007)

Amandab said:


> Thanks, thats right, she has always been the sole owner.


OK, I wasnt sure ... but then yes you have your answer


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