Indirect taxes levied on the transfer of real estate can sometimes make a real difference on the profitability of the transaction. In Spain, transfers of real estate may be subject to VAT in the case of entrepreneurial transactions (which is normally recoverable) or to non-recoverable transfer tax (6% or 7% depending on the Autonomous Community where the real estate is located) in the case of non-entrepreneurial transactions or where the transaction is VAT exempt (such as second transfers of real estate or the sale of rural land). Under certain circumstances, the VAT exemption can be waived so that recoverable VAT applies instead of unrecoverable transfer tax.
April 30 2007