Unbeknownst to most non-resident property owners, when buying property in Spain, you automatically become liable to pay IBI tax the following year. No one will give you a heads-up on this tax, so it is up to you to find out how much you owe and comply with your local Tax Authorities. IBI tax is the Spanish equivalent of the UK’s council tax.
What is IBI tax?
The Impuesto sobre Bienes Inmuebles (or IBI, for short) is a local tax levied by the town hall where your property is located. It applies to both residents and non-residents. In some parts of Spain, it is known as SUMA.
It is normally paid once a year (from August through to November). It varies from one town hall to the next. It is based on the rateable value of your property (0.4 – 1.3% of the cadastral value).
By law, whoever owns the property on the 1st of January is liable to pay this tax for the full year.
- IBI tax is used as the benchmark to calculate all property-related taxes.
On selling, a buyer’s lawyer will demand copies of your IBI invoices as the tax liability extends to the previous 4 years.
As a golden rule, debts and taxes always follow the property, not the taxpayer.
When is IBI tax due?
- Town halls are empowered to rule on this, so it varies. Normally due once a year.
- Town halls may also accept payment in instalments to make it easier on struggling taxpayers.
Consequences of not paying IBI tax:
It may lead to your property being seized and sold at a public auction.
Spanish town halls, besieged by dropping revenue, are becoming increasingly adept at aggressively pursuing this local tax, particularly for high-end property.
- It is not possible to file and pay non-resident income tax, as this tax requires a copy of an IBI tax invoice for its calculation. This in turn will attract fines, delay interests and surcharges.
- On selling, a buyer’s lawyer will practice a huge retention to safeguard against any unpaid IBI tax on the previous 4 years.
As a seller, you may forfeit the 3% sales proceeds tax rebate (plus legal interest). When a seller is non-resident in Spain, a buyer must withhold 3% of the sales proceeds by law and pay it into the Spanish Tax Office.
Non-resident sellers may be entitled to a tax rebate on the 3% withheld (subject to criteria).
Pro-tip: Non-payment of IBI tax is the daftest - and fastest - way to lose ownership of your Spanish property.
Real case of not paying IBI tax in Spain
Mr Daniel David Brockman, a prominent New York-based US tax lawyer and patron of the arts, lost the property of a huge residential area in Marbella he was going to develop known as Urbanización Sierra Blanca, because he failed to pay IBI tax on time to Marbella’s Town Hall.
His former estate is currently valued in excess of one billion dollars and is now home to UHNWIs, including world-renowned tennis player Djokovic.
For your own sake, make sure this tax is paid every year to avoid losing ownership of your Spanish property.
Larraín Nesbitt Abogados can assist you with domiciling this tax wherever your property is located in Spain. We can settle any arrears and domicile the tax going forward, so you never again miss a payment. Give us a call and chat with one of our friendly staff.
LNA-related services:
- Domiciling IBI tax (town hall rates) and refuse collection (basura)
- Calculating seller's taxes and 3% tax rebate
- Conveyancing in Spain – Buying
- Conveyancing in Spain – Selling
At Larrain Nesbitt Abogados (LNA), we have over 23 years of experience specialising in property conveyance and taxation. We also assist clients with immigration & residency visas (digital nomad visa), and inheritance procedures (probate). You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.
Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarising, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. Voluntas omnia vincit.
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