Buying In Spain
Here you’ll find answers about registering deeds, making Spanish wills, and securing property as a non-resident.
NIE Numbers
Here you’ll find info on what a Spanish NIE is, who needs it, and how to get one.
Banking & Service Contracts
Here you’ll learn why opening a Spanish bank account matters, and how to manage contracts, payments, and utilities.
Fiscal Residency
Here you’ll learn what makes you a tax resident in Spain, as well as the key visa and residency types.
Inheritance Procedure
Here you’ll find clear guidance on inheritance tax in Andalusia, who pays it, exemptions, and legal steps.
Frequently asked questions about buying property in spain
At FORTUNY LAWYERS, we specialize in sales and purchase advises clients on all legal aspects of buying or selling property or businesses. Work includes reviewing contracts, negotiating terms, ensuring legal compliance, and handling due diligence to protect clients’ interests throughout the transaction.
You can sign a private sales agreement (PPC) by email or electronically, as long as the process complies with legal requirements. For the public deed, you can grant a power of attorney either during a visit to our country or before a notary in your country of residence. At FORTUNY LAWYERS, we will be able to locate a Public notary in your home area and send him the text required to be signed.
FORTUNY LAWYERS will take care of paying your notary's fees, collecting the deed, submitting it to the tax office to pay the applicable taxes on your purchase, notifying the local municipality, and finally, registering your deed at the corresponding Property land Registry after paying the required fees.
This process may take between 60 and 90 days from submission to the registry. Feel free to ask for a quotation on fees for these services.
The Hague Apostille is a stamp or certificate that authenticates a foreign public document for use in Spain and other countries that are members of the 1961 Hague Convention. Any foreigner needing to use official documents (such as powers of attorney, birth certificates, or academic records) in Spain must have their documents apostilled by the competent authority in their country of origin to ensure the documents are legally valid.
Non-residents can easily make a will in Spain to ensure their assets are distributed according to their wishes. The will must be signed before a Spanish notary and can be drafted in the testator’s native language, accompanied by an official translation. Spanish law allows non-residents to apply their national inheritance laws. To simplify probate and avoid legal complications, it is advisable to register the will with the Spanish Registry of Last Wills.
FORTUNY LAWYERS specialises in assisting international clients in drafting wills that align with their needs and Spain’s legal framework.
A lawyer’s legal work ends when the deed of purchase (or sale) is signed before the notary public. For legal security, it is advisable to register the deed of purchase in the Property Registry.
Frequently asked questions about NIE in Spain
A NIE number is a Foreigner Identification Number assigned by the Spanish authorities to non-Spanish residents. It is a unique personal number used for identification and tax purposes in Spain.
A NIE is required for any non-Spanish citizen (EU and non- EU residents) who wishes to carry out legal, financial, or professional activities in Spain.
Some everyday situations where a NIE is needed include:
- Buying property in Spain
- Opening a bank account
- Paying taxes or conducting business
- Signing employment contracts
- Registering a vehicle
- Applying for utilities (electricity, water, internet, etc.)
You can apply for an NIE at:
- Personally, at the Spanish National Police station with a foreigner’s department.
- Personally, at the Spanish Consulate or Embassy in your home country.
- Through FORTUNY LAWYERS, (which will require a power of attorney granted at a Spanish or foreign notary), will be your legal representative in front of the Spanish administration. You will not need to be present at the police station. Please ask for a fee quotation to apply for your NIE number through FORTUNY LAWYERS.
No, having a NIE does not mean you are a Spanish resident or a Spanish fiscal resident. It is simply an identification number for legal and financial purposes. If you plan to live in Spain long-term, you may also need to apply for residency and obtain your TIE (Identity card for foreigners).
Frequently asked questions about Banking and Service Contracts in Spain
In most cases, it is recommended and mandatory if you want to purchase a property with financing from a Spanish bank.
Mainly for two reasons:
- Compliance with anti-money laundering regulations: Depending on the anti-money laundering and terrorism financing prevention policy established by your lawyer, they may only accept up to 10% of the purchase price (initial deposit) in their client account. Therefore, the remaining balance of the purchase price must be transferred from your personal bank account in your home country to your local bank account in Spain, from which you will make the final payment to the seller at the notary.
- Payment of utilities and taxes: Your lawyer will assist you in setting up direct debits for all utility services (electricity, water, internet, etc.), as well as community fees, property tax (IBI), waste collection fees, home insurance, and other related expenses. Most utility companies do not accept direct debits from foreign bank accounts.
FORTUNY LAWYERS will not only inform you in advance about the required documentation to open the bank account, but they will also schedule an appointment with the bank once your documentation has passed the bank’s due diligence process for the account opening.
Alternatively, if you are not in Spain, FORTUNY LAYWERS can open the bank account on your behalf, provided that you grant them a notarized power of attorney with sufficient authority. However, this will only be possible after completing the bank’s due diligence process.
If you are interested in this service, please contact FORTUNY LAWYERS, and we will provide you with more details about the process and our fees.
FORTUNY LAWYERS will assist you and, in some cases, sign contracts on your behalf with service providers such as electricity, telephone, and water companies and internet providers.
Additionally, and as importantly, they will set up direct debits at your local bank for these utilities, community fees, local property tax (IBI), and the waste collection fee.
Feel free to ask for a quotation on fees for these services.
Frequently asked questions about fiscal residency in spain
To become a tax resident in Spain, you must spend more than 183 days in the country during a calendar year (January 1st to December 31st). These days do not need to be consecutive, and even partial days count towards the total.
In addition to physical presence, having strong personal or economic ties to Spain—such as your spouse or dependent children living there, or owning a property—can also establish your tax residency.
Spain offers several types of residency for foreigners:
- Temporary Residency: Granted for a limited period, usually for work, study, family reunification, or investment.Permits are typically issued for one year and can be renewed, often up to a maximum of five years. Temporary residents must usually spend at least 183 days per year in Spain to renew their permit.
- Permanent Residency: Available after legally and continuously residing in Spain for at least five years.Permanent residents enjoy long-term rights similar to Spanish citizens, including access to public services, healthcare, and education.There is no requirement to spend a minimum number of days in Spain each year to maintain permanent residency.
- Long-term Residency (for non-EU citizens): Similar to permanent residency, but specifically for non-EU citizens who have lived in Spain for over five years. Provides stability and long-term rights without the need to renew the permit frequently.
Each type of residency has its own requirements and benefits, so it is important to choose the one that best fits your situation and objectives.
Tax residency in Spain under the Beckham Law is a special tax regime for foreign workers who move to Spain for employment by a Spanish or foreign company, allowing them to pay a flat tax rate on Spanish income and be exempt from Spanish tax on most foreign income for up to six years—provided they have not been tax residents in Spain for the previous five years.
The Digital Nomad Visa, on the other hand, is an immigration permit for non-EU/EEA remote workers and freelancers who want to live and work in Spain. While Digital Nomad Visa holders can become tax residents by staying more than 183 days in Spain, most do not qualify for the Beckham Law unless they are employees of a company that registers them with Spanish Social Security. Freelancers and self-employed individuals are generally excluded from the Beckham Law benefits, except in certain innovative or high-skilled roles.
In summary, the Beckham Law is a tax regime for workers hired by companies, while the Digital Nomad Visa is a residency permit for remote workers and freelancers, with most not qualifying for Beckham Law tax benefits.
Frequently asked questions about inheritance tax in spain
Making a Spanish will be highly recommended for non-residents who own property or assets in Andalucia. It will avoid legal complications, reduce costs, and ensure that assets are distributed according to your wishes.
It is a simple process that can save your heirs significant time, money, and stress in the future. Without one, heirs may need to go through complex international legal procedures.
In Andalucia, there is Inheritance and Gift Tax. However, in recent years, the regional government has applied significant tax reductions, meaning that most heirs pay little or no tax.
This tax applies to heirs who:
- Receive assets or rights from an inheritance.
- Have their habitual residence in Andalucia, or inherit real estate located in the region.
In Andalusia, the Inheritance Tax is almost fully exempt in many cases:
- Heirs in Group I and II (descendants, ascendants, and spouses) have currently a 99% tax reduction on the final amount. And if the inheritance is under €1 million, no tax is paid at all.
- Heirs in Group III (siblings, nephews, and uncles/aunts) must pay the tax, but with smaller reductions.
- Heirs in Group IV (cousins, unrelated persons, friends). They receive no tax reductions and must pay the full inheritance tax rate.
The tax is based on the net value of the inheritance (after deducting debts and liabilities). Then, a progressive tax rate applies, ranging from 7.65% to 34%, depending on the inheritance value.
FORTUNY LAWYERS will calculate your tax duties, prepare your title deed at the notary, and finalise your deed’s registry at the land registry.
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FORTUNY LAWYERS Marbella
Av. Ricardo Soriano 12. Edificio Marques de Salamanca
Office Portal, 1st Floor Office #4
Winter:
Monday to Thursday 09:00 - 14:30 & 15:00 - 18:00.
Friday: 09:00 - 15:00
Summer:
Monday to Friday: 08:00 - 15:00
From 01/07 - 31/08