Real Estate Tax Law

In Spain, the real estate sector continues to be one of the country’s main driving forces. At Navas & Cusi, we have great expertise in the sector in all our areas of legal practice, but especially in tax law, due to the matters we handle.

In this sense, our real estate tax law department has the advantage that the projects and matters of our clients are carried out jointly between the tax and real estate law departments, which allows us to have a broader vision and be able to provide 360 ​​advice, as well as that we have professionals with extensive experience in the sector.

Within this sector, we are specialized in real estate tax law in:

Advice on the sale of real estate assets or shares in companies with a strong real estate component and the acquisition of real estate assets through cryptocurrencies

In this sub-area, our professionals from the tax department provide the client with the most optimal way, from a tax point of view, to acquire or transfer real estate or shares in companies with a high real estate component, within a family group or to third parties, either directly or through the acquisition of shares in companies with real estate assets. This advice covers direct taxes (IRPF and non-residents, Corporation Tax or Wealth Tax) for both the buyer and the seller, indirect taxes (VAT and Onerous Property Transfers) and local taxes (Municipal Plusvalía or IBI).

We also managed to reach and provide great added value to those transactions carried out with cryptocurrencies for the acquisition of real estate, since the other main expertise of the tax department is blockchain technology, cryptocurrencies, and NFTs.

Advice on contributions of real estate assets to companies in the phase of incorporation or capital increases, both in direct and indirect taxation and local and municipal taxes

It is essential to know the regulations related to restructuring operations, among which is the non-monetary contribution (of real estate assets), since in the face of possible contributions from a partner to a company to become a shareholder of the latter, good advice tax can make you not have to pay taxes at the time of said contribution for the capital gain that can be shown in your personal income tax or the benefit that you can obtain in your corresponding Corporation Tax return.

Tax litigation in economic-administrative and contentious-administrative courts, whose object of litigation is real estate

The tax agency loses 1 out of every 2 cases in court, due to various factors such as malpractice of both the Tax Inspection and the tax attorney to whom the matter is entrusted.

At Navas & Cusi we have lawyers specialized in litigating with the Tax Administration in the Inspection phase as well as in Court, who have extensive experience to be able to defend the interests of the taxpayer against the Administration in tax procedures on real estate operations.

Tax optimization of family groups whose main asset consists of real estate

In Spain, taxpayers are subjected to a high tax burden, especially family groups, which are the ones that, to a large extent, sustain the country’s economy. This, together with the fact that our specialists have advised groups of family businesses in the real estate sector from the beginning of their professional career, provide tax advice that allows assessing all the tax options given by the legislator in order to reduce the tax burden of the partners of these family groups in their Personal Income Tax, in their Wealth Tax as well as to be able to efficiently organize the generational change in groups of family businesses with a strong real estate component.

Due diligence

We carry out tax checks to avoid risks in the purchase of real estate assets or shares in companies with a real estate component. In this sense, we analyze that said assets do not have tax charges pending settlement, as well as possible risks derived from said assets due to poor tax advice carried out in non-prescribed years, which may generate possible future sanctions, after the acquisition of said assets by the buyer or investor.

Purchase of real estate assets by non-residents in Spain

We take care of carrying out all the procedures before the Tax Administration for the purchase of real estate assets by non-residents in Spain. Likewise, we carry out fiscal studies on how to undertake said investment in the most optimal way within the existing fiscal legal framework for a non-resident.