One escritura or two? And tax question.

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Jane
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One escritura or two? And tax question.

Postby Jane » Fri Oct 07, 2005 8:50 pm

Friends of ours have been told that they should have 2 escrituras, one for their land and one for their house. We have an old village house which is joined to neighbours on both sides and has no land (only a roof terrace on top) and we have only one escritura.

Can someone advise whether we should have two escrituras?

Also we have never had a final bill from our (not very good) solicitor. We paid her for her services and for the purchase tax on the house when we came out of the Notary's office. Can we be sure that she actually paid over the tax to the state and that it is not going to be an outstanding debt against the house? I have no idea how to check this with the tax office and am not keen to go back to her as we were not happy with the quality of the service we received. We are paying the IBI and have paid the 214 tax this year.

Jane

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jpinks
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Re: One escritura or two? And tax question.

Postby jpinks » Fri Oct 07, 2005 9:02 pm

You would only have 2 escrituras if that was what the previous owner had. This sometimes arises if the building is added to the property later, or if there are 2 totally distinct parcelas which have been bought seperately by some previous owner. The catastral document will possibly help you unravel what has gone on. There is no "requirement" to have 2 escrituras - I have owned 4 properties with both land and houses, sometimes on seperate parcelas, but I have only ever had one escritura for each property.
I believe you can go to the tax office and ask them if there is any outstanding tax due on your property. Maybe Beach or Sid know more on that point.
Slainte,
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Postby Beachcomber » Fri Oct 07, 2005 10:24 pm

When someone buys a plot of land they would have one escritura and when they build on the plot there will be an escritura of new building.

When those people sell the two escrituras will be incorporated into one single one that reflect both the plot and the building.

As far as the payment of the transfer tax is concerned you should have received your original escritura from your lawyer. This is not the one that has 'copia simple' stamped on it but the one that will probably be contained in a decorative cardboard cover with the notary's name on it.

This will be stamped at the back to show that the transfer tax has been paid and that the escritura has been registered in the property registry.

Your lawyer should give you a final balance of accounts from the provision of funds you will have paid her which will have been, not just for the payment of the transfer tax, but also the notary's and registrar's fees and, of course, her own fees.

The fees of the notary and registrar vary according to the value of the property and the number of pages etc and the lawyer will have estimated these amounts. It is important that you know the final amount as the balance of the provision of funds should be repaid to you or you may owe her money if she underestimated.

If you do not have the original escritura you could apply to the property registry for a nota simple which is an informative note giving the name of the owners and a description of the property and whether any charges have been made against it. If it shows your name, fine, but if not it could indicate that the tax has not in fact been paid because unless it is paid the property cannot be registered. The escritura should also contain a receipt for the transfer tax in the form of an A4 sized piece of yellow paper with 'Modelo 600' printed at the top bearing the stamp of a bank showing that the amount has been paid.

When I refer to the original escritura this is not the one which you signed before the notary as this is kept in his files for future reference.

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silver
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Postby silver » Sat Oct 08, 2005 7:58 am

Do you get a yearly rates bill from the town hall??? If you don't you should do whatever is needed to get this...if your rates are included in your neighbor's rates (which sometimes happens) then you must/should pay them your part and get a receipt.
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Jane
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Postby Jane » Sat Oct 08, 2005 6:30 pm

Thanks for all this info.
We do have an escritura bound by a cardboard cover page and when the solicitor gave it to us she said the house was now registered with the land registry. It has a stamp on the front saying " Registro de la Propiedad No 7 de Malaga" on the front (with various numbers etc). The escritura is in my name. Not sure about the yellow Modelo, haven't seen that.

In terms of paying local rates, we are paying the IBI and it now comes in my name and is paid directly via the bank, is that the local rates?

Cheers,
Jane

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Postby Beachcomber » Sat Oct 08, 2005 8:47 pm

In that case you can be sure that transfer tax has been paid even if the Modelo 600 isn't attached. The property could not be registered unless it had been especially with Málaga 7 because the registrar there is one of the strictest and most pedantic in the area.

Yes, the IBI is what you would call the local rates.

You just need to start thinking about the payment of your annual taxes now either as a resident or non-resident! :cry:


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