# Selling Property



## stevelin (Apr 25, 2009)

Hi We have been lucky enough to sell our apartment but am now wondering what we have to do? The estate agent (spanish) has said they will do all necessary paperwork for us elec water etc but not sure what else need to be done. Any ideas as dont want to miss anything? He has already said we need a certificate to prove we are fiscal resident here how do we get one of those we have paid /declared taxes for about 8 years now
Thanks::clap2:


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## Stravinsky (Aug 12, 2007)

stevelin said:


> Hi We have been lucky enough to sell our apartment but am now wondering what we have to do? The estate agent (spanish) has said they will do all necessary paperwork for us elec water etc but not sure what else need to be done. Any ideas as dont want to miss anything? He has already said we need a certificate to prove we are fiscal resident here how do we get one of those we have paid /declared taxes for about 8 years now
> Thanks::clap2:


Well, you have your tax returns dont you, to prove you have been doing it.
I believe in theory you go to the local tax office and ask for the certificate, although I have heard of people that have had difficulty getting them.

Are you not using a solicitor?


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## stevelin (Apr 25, 2009)

the estate agent has said as 'just selling' do not need one ? not sure if happy with that but he says the notary will double check all paperwork is correct in case we owe money anywhere ?????


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## agua642 (May 24, 2009)

Yes go to tax office to get certificate it shouldn't be to difficult I had to get certificate when selling. You will need to baja at water co & electric co. Notary will check all paper work


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## Beachcomber (May 10, 2009)

If you have a digital signature you can apply for the certificate online here:

https://www.agenciatributaria.gob.es/AEAT.sede/tramitacion/G305.shtml

Failing that you will need complete this form:

http://www.agenciatributaria.es/sta...araciones/Modelos_01_al_99/01/mod01_mi_MI.pdf

and take it to your local tax office. It used to be necessary to present tax returns and other documentation but AEAT can now make all the necessary checks from their records.

The purpose of a certificate of fiscal residence is to avoid having the 3% non-resident retention applied to the value of the sale.

Presumably there is no mortgage on the property you are selling and you will be paid by banker's draft. You need to be in a position to be able to satisfy yourself that the draft is genuine and valid because you will be signing over the property at the moment it is given to you.

You, as the seller, will be responsible for the payment of the IBI for the whole of the current year (unless you come to some pro rata agreement with the purchaser) also the payment of the plus-valía to the Town Hall.

Unless you are able to persuade the purchaser that you are remaining in Spain you may be asked to provide a provision of funds to cover the cost of the plus-valía because if you leave the country without paying it the debt falls on the property and becomes the responsibility of the purchaser.


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## stevelin (Apr 25, 2009)

Hi Beachcomber
thanks for your info. How can I get a digital signature?. The apartment is actually our daughters we have full POA and there is a small mortgage on the property. She has submitted tax forms for many years as only recently returned to UK. Can we pay the plus valia before sale ?and how do we find out how much it would be. Do we simply go to the town hall with the IBI bills?
Thanks again
Lin
PS your link to the form does not seem to work?


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## baldilocks (Mar 7, 2010)

We are trying to sort out the mess of the sale of a property of a friend of ours. Just like you she was conned into letting the agent do it all - bad move.

ALWAYS get a *reliable* solicitor and double check yourself that all bills have been paid and that you have, in your sticky, paperwork showing that all is clear, otherwise you may find, as has our friend, that she has to pay bills for water, electric, etc. when the meters have already been disconnected and removed for two years. 

Also if a car has been repatriated to UK make sure that the paperwork showing Spanish de-registration and re-registration in UK gets to the authorities in Spain otherwise you are still liable for taxes. Don't depend on the DVLA to do it!

It's a case that, unless you can prove otherwise, you are still liable in Spain and if you have overpaid (because you subsequently prove that you weren't liable) then getting your refund is another story because the authorities will not usually pay into a foreign account and, of course, you have closed yours in Spain!


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## Guest (Aug 7, 2011)

I find it very bizarre that anyone would let an agent do "all the work" and not retain some form of legal counsel. I´ve just been reading another thread here, where the poster doesn´t even know how much their apartment was sold for!

In an economic climate such as ours currently, you want to be in full possession of all facts and retain as much control over the situation as possible, otherwise you may find yourself seriously in the doodoo.


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## Beachcomber (May 10, 2009)

Your daughter would need to obtain the digital signature:

CERES > Citizens > User certificate > WHAT IS THE USER CERTIFICATE?

Don't rely on a lawyer to anything except take your money and leave you to it.

If you need any help use a gestor or asesor fiscal. They will charge a fraction of the fee and do a far more thorough job. You can find out from the town hall how much the plus-valía will be. Some town halls have an on-line facility to calculate it and some in Málaga can be calculated from the Diputación de Málaga web site.

You will need to arrange for the mortgage to be paid off and you will probably be asked for a further provision of funds for the fees connected with the cancellation of the mortgage in the property registry.


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## stevelin (Apr 25, 2009)

Thanks again for all the info Beachcomber


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## bignews (Aug 9, 2011)

Can´t agree enough, you need a solicitor who knows the ropes and the language if that is an issue too!


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