TAX SALE BALEARICS
ACQUISITION FOR PAYMENT
We must begin this section highlighting the absolute incompatibility with ITP VAT .
In the second transmissions onerous property taxed on ITP THE PURCHASER .
ITP INCREASES IN Balearic FROM 1 JANUARY 2013 TO THE LAW 15/2012 BUDGET BALEARICS 2013
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ITP RATE INCREASE NEW GARAGE
Moreover, increasing the taxation of second-hand GARAGES from 2013 will be paid 8% to 30,000 € and 9% for the rest .
ITP CLIMBING IN CERTAIN PROPERTY TRANSFERS BETWEEN ENTREPRENEURS IN THAT CHOOSES NOT WAIVE THE VAT EXEMPTION
As explained below, in some real estate transfers between employers (typically buildings used) , meeting certain requirements may waive the exemption from VAT for which the transaction is subject to VAT ( recoverable ) and not ITP .
Well, in such cases, may waive the VAT exemption chooses not to, the operation was subject to a reduced rate Balearic ITP 3%. From January 1, 2013 in these cases an ITP 4% .
If the transferor is particularly always have to pay the purchaser the ITP . No matter what the buyer (home, entrepreneur, resident or non- resident). Although the buyer is a trader does not have the option to pay ITP or VAT . You must always pay ITP .
The ITP assesses acquisition of the property . The taxpayer is the acquirer , who pays the price, and must pay the tax directly to autonomic .
The tax base is the actual value of the property transferred . Not deducted or taken into account any debts , even if they are secured by mortgage.
1.2. - VAT + AJD
WHEN THE SENDER IS NEW DEVELOPMENT ENTREPRENEUR , other tax comes into play different VAT .
These effects can be considered an individual entrepreneur who is leasing property or engaged in land development , or the development, construction or rehabilitation of buildings for sale ( even occasionally ) , and it turns out now ( from the Law 4/2008 ) can not be considered employers a corporation that carries on business , the typical real estate holding company assets . This society can be regarded as a private individual , for a possible sale to make ITP should always taxed without VAT come into play .
Well, if the selling is an entrepreneur IN PRINCIPLE the transaction is subject to VAT at 21 % , or 10% if it is a new home .
That can be a serious problem for an individual who buys a plot to a company or an entrepreneur to build a house, it will pay no less than a 21 % VAT on the price of the lot ( pay after the 10% VAT on the construction). It turns out that if you buy a new finished house to a developer would have to pay 10 % of the total price (solar + construction)
It has been suggested that IN PRINCIPLE any sale of property by entrepreneur taxed by VAT because deliveries of properties , as well as leases , plays a key role the subject of EXEMPTIONS .
Indeed , anyone who rents a property is an entrepreneur for VAT purposes and must charge VAT when you are renting a room , an office , land, etc. . However, if you rent a home this holiday is subject to VAT but the law leaves him free .
If an employer sells a building firsthand, which has built or rehabilitated ( EYE with the concept of rehabilitation ), you must charge VAT ( 21 % or 10 % ) , which may very well come to him , to allow you to deduct and recover VAT supported. The same applies if you sell an urban area (solar ) , which must always pass on the 21 % .
In all these operations to be subject to VAT , where are formalized in a public deed , also have to pay the tax directly to autonomic AJD other tax that supports VAT. This tax , levied on the special protection which attaches to acts that are formalized in a public document in the Balearics is 1,2 %.
GENERAL RATE INCREASE AJD for Balearic Budget Law 2013
This tax (AJD ) went from 1% to 1.2% in the Balearic Islands from 2013 .