Plusvalia: how land is valued and taxed in Spain
The ‘Plusvalia’ tax is one that every property owner and new buyer should become familiar with. At Terra Meridiana we always strive to keep our clients well informed, which is why we asked our lawyer, Adolfo Martos Gross,to explain it from a legal perspective.
First of all, this tax is levied on any increase in the value of the land your property stands upon when it is sold to a new owner. It is important to note that the tax is only applied to the value of the land, and not to the property on it. Furthermore, it only affects lands that are classified as urban, not those defined as ‘rustic’.
Each municipality is responsible for collecting this tax themselves, although some of them may delegate its collection to the Provincial Revenue Board of Málaga. Either way, the tax must be paid within 30 days of the property being transferred to the new owner.
Who pays Plusvalia?
In the case of a property sale, the seller must pay the tax. If the property is left as an inheritance, then the person receiving the property is responsible for paying the tax.
How is it calculated?
The Plusvalia tax is calculated by multiplying the tax base by the tax rate:
a) The tax base is the increase in value that the property has experienced during the time it has been owned by the seller. This increase is calculated by multiplying the cadastral value of the property at the time of its sale by the annual rate set by each municipal council (with the maximum limit established by law). The calculation is based on whole years, not on fractions of years.
b) The type of lien is the rate set by the municipal council, and there is a 30% limit established by law. There are, however, some variations depending on the years of ownership.
It is possible to estimate what you will owe on Plusvalia by visiting the relevant council’s web page, where you will find a handy tool to calculate it, but please be aware that this is only an estimate and not necessarily the exact final sum.
In our next blog, we will look at other aspects of Plusvalia.
By Adam Neale | Mini Guides | December 3rd, 2019