Monthly Newsletter - Arcos & Lamers Asociados

(English) Monthly Newsletter - Arcos & Lamers Asociados
mortgage in marbella

Cancellation of the mortgage over your property in Spain

With these few lines we intend to inform you on the steps to be carried out by yourself, to formally cancel a mortgage loan which has already been paid in full.

Make sure the bank signs the Title Deed that cancels the mortgage in Spain!


After the settlement of the debt with your bank, there is no reason to keep a charge over your property, which may somehow damage your interests in the future, such as in the event that you decide to sell the property.

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property in spain

3% Retention in the purchase-sale of properties in Spain

When a sale of a property located in Spanish territory, by a non-resident taxpayer in Spain occurs, the purchaser has the obligation to withhold and pay 3% of the purchase price of the property, as an advanced payment on account of the taxes of the non-resident seller. In other words, this 3% is a prepayment on the potential capital gain tax in Spain.

Please note that this is an obligation on the buyer, who is bound to the presentation of the form 211, for deposit of the 3% retention at the Spanish Inland Revenue, within one month from the date of transfer of the property.

Once the deposit or payment has been made, the purchaser will provide the seller with the form 211, “copy for the vendor non-resident”, to justify the deposit of the retention with the Tax Authorities in Spain.

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international lawyer in marbella

Goodbye to the Apostille in the European Union?

It is well known how difficult may be that a document issued by any authority of a State, has legal effect in another State.

It seems that the European Union will make things easier (although some may not wish to take part -Brexit Dixit-), through the adoption of a regulation that would simplify certain procedures to authenticate official documents.

Currently, citizens of the European Union, must obtain a stamp to prove that their public documents are authentic in another EU country.

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