Donation of real estate between non-residents

On this occasion we are going to explain the donation between non-residents in our Spain, and more specifically the donation of real estate, this donation can be made to a child or a close relative, or on the contrary made to a third person who considers those who donate the good.

The first question that may arise is the taxes that are generated by the legal business that takes place. Well, in this case, we have to say that if the donation is made between direct relatives, that is from parents to children or from children to parents, the value of the donation will be discounted to 99% in the Autonomous Community of Andalusia.

The second question that arises is the documentation that we are going to need to be able to make the donation, this documentation being the following:
  1. Current identity document of nationality, and in case of being a non-resident you will have to appear with the NIE.
  2. Tittle deed of ownership of the property.
  3. Descriptive and graphic certification where the cadastral reference of the good that is going to be donated appears.

And the third big question that may arise is whether this donation can be made through a power of attorney granted to another person, and the answer is affirmative. In this case, there is a peculiarity and that is that in order to grant power, it must be a special power.

In this power of attorney, the property to be donated must be clearly specified, for this purpose all the data that appears in the property's simple note will be included in our possession, in addition to the cadastral reference. But not only this, we also have to include in this power of attorney the complete data of the person who is going to receive the donated good.

Like all powers of attorney, this power of attorney will have a temporary limitation, and it is advisable in this case that the power of attorney be valid until the donation is made.

Also, we have to take into account that in this case the person who donates the property will suffer a capital gain, so they will also have to declare it to the Spanis Tax Authorities.

Do not hesitate to contact our law firm in Marbella if you are interested in donating a property to a family member, our expert donation lawyers in Marbella will advise and assist you throughout the process.

Trust our tax lawyers in Marbella and forget about your obligations to public authorities.