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Can a new property owner be held responsible for the previous owner´s I.B.I. debts?

The answer is yes, but with certain conditions. While the original debtor is the owner at the time the I.B.I. (Property Tax) receipt is issued, if the previous owner is declared insolvent and the debt has not expired, the new owner could be held responsible for settling that debt.

The procedure through which the tax debt is transferred from the previous owner to the actual owner to ensure that I.B.I. debts do not disappear when a property is transferred is known as affection of assets (afección de bienes). With this in mind, here are some key clarifications:

  1. When can the Tax Administration declare the previous owner insolvent? The administration can do so when, after initiating the enforcement procedure, it is proven that there are no realizable or attachable assets or rights in the name of the debtor.

2. Can the debt be prescribed and, therefore, not be claimed from the new owner? The administration has a four-year period to claim the debt, counting from the end of the I.B.I. self-assessment deadline. However, this period can be interrupted by certain actions taken by the administration itself.

3. Is the entire debt, including surcharges and penalties, transferred to the new owner? No. The debt, as long as it is not prescribed, is transferred to the new owner only for its principal amount, without surcharges or penalties, and within the voluntary payment period. From that moment on, the new owner will be responsible for the pending debt.

4. How to avoid this problem? It is simple. It is only necessary to make sure at the time of buying a property, and in the Notary's office in which the sale is going to be carried out, that there are no previous debts of I.B.I. In the case that there were, the purchase can be conditioned to the extinction of that debt or to retain the due amount to pay it later on in the name of the seller.

 

**This is a general article, and since each case is unique, we recommend consulting with your trusted lawyer or tax advisor if you encounter a problem of this type.

 

Marbella & Benahavís: 2024 Shows strenth and stability on the Real Estate Market of Marbella and Benahavis

Marbella and Benahavis real estate markets have always attracted buyers from around the world, offering a unique blend of luxury living and stunning natural surroundings. Analyzing the latest market data helps us understand key trends and opportunities for both buyers and sellers. Below, we break down the performance of these two sought-after areas in the first three quarters of 2024 and beyond.

1. 2024: A Strong Year for the Market. The year 2024 is proving to be a robust one for real estate in Marbella and Benahavis. By the end of the third quarter, both markets have already reached their average yearly sales, showcasing the sustained strength and appeal of these locations. This milestone underlines the consistent demand for properties, driven mainly by international buyers seeking high-quality investments. With the fourth quarter still ahead, these figures suggest that the market is on track to surpass previous records, reaffirming its position as a global hotspot for luxury real estate.

2. Contrasting Performance Between Marbella and Benahavis. While both markets are performing well, there are notable differences. Benahavis, despite showing solid results, is currently 23.3% below its sales figures from 2023.

This decline, while significant, doesn’t overshadow the area’s appeal to high-end buyers seeking exclusivity and tranquility. In contrast, Marbella has seen a 7.5% increase compared to 2023, which was already a strong year. This growth highlights Marbella’s ability to attract a diverse range of buyers, thanks to its vibrant lifestyle, infrastructure, and reputation as a cosmopolitan hub. These dynamics underline the differences in buyer profiles and investment opportunities between the two areas .

 

3. Market Stability and Long-Term Opportunities. Despite global economic challenges, both markets showcase stability, with annual sales averages holding steady over the past decade. Marbella, in particular, exhibits a higher volume of transactions, reflecting its broader appeal and infrastructure. The area continues to attract investors and homeowners alike, drawn to its combination of modern amenities and cultural richness. Benahavis, while smaller in transaction volume, maintains its exclusivity, catering to a niche clientele that prioritizes privacy and luxury. This duality ensures that both areas remain resilient to market fluctuations, offering security and long-term growth potential for buyers and sellers alike.

The Marbella and Benahavis real estate markets continue to thrive, showcasing stability and resilience. By the end of Q3 2024, sales in both areas have already reached average annual levels, highlighting strong demand. Marbella has outperformed with a 7.5% growth compared to 2023, reflecting its broader market appeal, while Benahavis, although 23.3% below last year, remains a prime choice for luxury seekers. With unique advantages—Marbella standing out for its volume and infrastructure, and Benahavis for its exclusivity—both areas offer exceptional opportunities for sellers and investors in one of Europe’s most desirable regions .

 

Marbella & Benahavis: The Evolution of the 1 Million Euros Plus Property Market

Marbella and Benahavis have long been hotspots for luxu­ry real estate on Spain's Costa del Sol. Recent data on property sales and prices in the Golden Triangle areas re­veal interesting trends that reflect growing demand, price resilience, and the evolving preferences of high-end buy­ers. What the latest figures tell us about the current state and future outlook for these markets is outlined below:

1. Strong Growth in High-Value Sales. The flrst chart tracks the number of property transactions in different price segments across recent years in Benahavis. Sales in the €1.5 million to €4 million range (gray bars) and proper­ties over €4 million (yellow bars) have shown significant growth from 2020 onwards, peaking in 2022. This spike reflects a post-pandemic demand surge, as affiuent buy­ers looked for spacious, high-quality homes in scenic are­as with access to nature and privacy qualities that Bena­havis is known for. lnterestingly, while sales in the €1 million to €1.5 million range (red bars) remained steady, the demand for ultra­luxury homes priced over €4 million saw a notable in­crease. This trend underscores a shift in buyer de­mographics and preferences, with more high-net-worth individuals willing to invest in exclusive properties offering high privacy, premium amenities, and unique locations.

2. 2. Market Share Shifts Toward Higher Price Ranges. Looking at the lines representing the percentage of total transactions in each price range, we can see that the share of sales in the €1.5 million to €4 million and over €4 million segments has grown over time. The percentage of transactions in the €1 million to €1.5 million range has gradually decreased as higher-value properties gain a larg­er portian of the market.

By 2023, properties in the €1.5 million to €4 million range accounted for around 12% of the total sales volume, while those over €4 million made up approximately 6% to 8%.

These trends indicate that the Benahavis market is matur­ing towards a more exclusive tier, with demand increasing­ly concentrated in the luxury and ultra-luxury segments.


3. Consistent Price Appreciation in Both Markets. The second set of charts (next page) illustrates the price evolu­tion per square meter for properties in different price cate­gories in both Marbella and Benahavís from 2014 to 2024. Properties over €4 million in Benahavís (yellow line) show a price peak in 2022, reaching approximately €7,000 per square meter. Prices in the €1.5 to €4 million range (gray line) have also climbed steadily, with recent values around€5,500 per square meter.

In Marbella, the pricing trajectory shows a similar pattern, with prices per square meter in the top-tier segment now approaching €7,500. The data reveal Marbella's position as a highly desirable luxury destination, with prices for properties over €4 million consistently staying above other price ranges. Both markets have shown resilience and steady appreciation, demonstrating their appeal and sta­bility, even in uncertain economic climates.


 

4. Key Takeaways for Buyers and lnvestors. These in­sights suggest that both Marbella and Benahavís are be­coming increasingly attractive to luxury buyers, with prop­erty prices in top segments continuing to rise. Far buyers, this indicates an opportunity far long-term value apprecia­tion in the ultra-luxury sector, particularly as demand out­paces supply in these exclusive markets.

lnvestors can also interpret this data as a sign of strong market fundamentals. The consistent price growth per square meter across all categories indicates a stable in­vestment climate, with properties in the higher price ranges offering potential far salid returns.

As summary and looking at the charts, the trends dis­played reflect the growing exclusivity of Marbella and Benahavís. Far both areas, the premium placed on luxury properties over €1.5 million - especially those in the €4 million and above bracket - continues to intensify. Whether you are a buyer, investor, or seller, the data suggest that the demand far top-tier properties in Marbella and Bena­havís will remain strong, driven by both local appeal and international interest in the Costa del Sol's luxury real es­tate market.


New Division of Keller Williams Spain: KW Commercial Spain & Commercial Corporate.

After months of dedicated work, Keller Williams Spain proudly announced the launch of its new division, Keller Williams Commercial Spain, in mid-2024. This division, much like KW Luxury, which specializes in high-end real estate, will focus on the commercial property sector. Within this division, a dedicated department called Keller Williams Commercial Corporate will handle larger corporate transactions.

The newly established Commercial Division will specialize in real estate transactions across various sectors, including land, buildings, hospitality, offices, retail, and logistics. Agents who wish to operate under the Keller Williams Commercial brand will have the opportunity to earn a specialized Commercial designation. To receive this designation, agents must meet specific criteria, including experience in the commercial real estate market, at least one year of collaboration with Keller Williams, and completion of specialized training in commercial transactions.

The leadership team for Keller Williams Commercial Spain includes Alfonso Lacruz as Executive Director, Paqui Torres as Institutional Relations Director, Juan Camarero as Technical Director, and Juanjo Garcia as Business Development Manager. Together, this team is wellpositioned to lead the new division and offer clients expertise across the diverse commercial real estate landscape in Spain.

Marbella Surges, Benahavis slows: Key insights from second quarter 2024 home sales.

The Spanish Ministry for Housing has just published the home sales figures per municipality for the second quarter of 2024, revealing that the real estate market remains active. We’ve analyzed the data for Marbella and Benahavis, leading to two key observations:

1. Different trends in Marbella and Benahavis. Both municipalities showed slightly different home sale trends. In Marbella, the first half of 2024 saw a 10.2% increase in home sales compared to the same period in 2023. However, it’s important to note that while sales are up year-overyear, the market is still 16.8% behind the record levels seen in 2022. On the other hand, Benahavis experienced a sharper decline, with home sales down 19.9% compared to the first semester of 2023, and an even steeper drop of 37.5% when compared to the peak year of 2022. This divergence in performance reflects local market conditions and possibly differing demand trends between these neighboring municipalities.

2. Sales likely to exceed historical averages. Although  we’re only halfway through the year and the complete data is still forthcoming, it’s highly probable that both Marbella and Benahavis will finish 2024 with home sales above the average of the last 20 years. In Marbella, sales are also expected to exceed the post-pandemic average of the last three years. Benahavis, however, may not reach this benchmark due to the more pronounced slowdown observed in its market, as highlighted earlier. This could point to an adjustment phase, particularly in terms of pricing and buyer preferences in this area.

In conclusion, while the real estate markets in Marbella and Benahavis remain active, they are showing signs of normalization after the effect of the pandemic, especially in terms of volume. This moderation

could have a stabilizing effect on property prices, which is generally positive for long-term market health. Although no major negative indicators are anticipated, some factors - such as rising asking prices and continued international geopolitical uncertainty - may present challenges.

Conversely, the market may benefit from potential interest rate reductions and a shortage of desirable properties, which could continue to drive demand and support prices moving forward.

Property Documentation: The I.B.I. Receipt - What to Look For?

Continuing with our focus on essential property docu-ments, and following my previous article on the Nota Sim-ple, this month I will delve into the details of the I.B.I. re-ceipt.

What is the I.B.I.?

The I.B.I., short for Impuesto de Bienes Inmuebles, is an annual property tax applicable to all real estate in Spain. This local tax must be paid by property owners, regardless of their residential status, to the local council. It’s im-portant to note that the tax is associated with the property itself, not the owner. The revenue from the I.B.I. is used to fund local infrastructure and services provided by the Town Hall.

Who Manages the I.B.I.?

The management of the I.B.I. falls under the Patronato de Recaudación Provincial, which has offices in Marbella, San Pedro de Alcántara, and Estepona. For more information, you can visit their website at www.prpmalaga.es.

When is the I.B.I. Due?

The payment is typically due in early to mid-September each year.

What Information Does the I.B.I. Receipt Contain?

The I.B.I. receipt includes several key pieces of infor-mation:

- Issuing Authority and Tax Details: The receipt will specify the council issuing the tax, the type of tax (I.B.I. Urbana), and the payment deadline.

- Owner/Taxpayer Information: It lists the name, D.N.I. or N.I.E. number, and the mailing address of the owner or taxpayer (this address is not necessarily the address of the property being taxed).

- Taxable Property Address: The address of the property to which the receipt refers.

- Property Identification Numbers: Two key identifiers are used: "Matrícula" and "Referencia Catastral." It also in-cludes relevant dates such as the issue date, deadline, and tax year.

- Total Amount Due: This is calculated from the base tax, plus any applicable interest or penalties for late payment.

- Key Valuation Information: The receipt provides the ca-dastral value of the land and the cadastral value of the building. Generally, the cadastral value of the property is the sum of these two amounts. These values are crucial for calculating other taxes, such as the Plusvalía Municipal or the Transfer Tax, which I have covered in previous arti-cles.

- Cadastral Value Update and Tax Rate: It also indicates when the cadastral values were last updated by the coun-cil and the applicable tax rate (for example, 0.4%).

The Luxury Market also mantains the pace on Marbella & Benahavis

After the recent release of the 2023 closed transaction data by the Land Registrars, we have delved into the specifics of the luxu-ry real estate market. The charts in this article are based on that information, and we’ve drawn some interesting conclusions:

1. Marbella's Luxury Market Outperforms General Market: While overall sales dropped compared to 2022, Marbella’s luxury real estate market fared better than the general market in 2023. Luxury market closings decreased by 12.4% from the record year of 2022, which is still an improvement over the 18% decline in the general market. As shown in the chart, transactions over one million euros rose to about 13% of all closed deals in Marbella, doubling the numbers from 2017. This growth is mainly in high-end properties priced above 1.5 million euros, while closings for properties between 1 and 1.5 million euros declined, likely due to reduced inventory at these price levels.

2. Benahavis Luxury Market Surpasses 2022: The luxury market in Benahavis outperformed its 2022 record. Remarkably, the number of luxury real estate closings in 2023 slightly exceeded those of the previous record year.

Most growth occurred in prop-erties priced between 1.5 and 4 million euros, while sales of prop-erties over 4 million euros dropped by 45%. Overall, uxury trans-actions made up 17% of all deals in Benahavis.

3. Rising Prices in the Luxury Market: Luxury property prices continue to climb. This trend is especially notable in Benahavis, where prices are nearing those in Marbella. Over the past decade, luxury prices in Benahavis have increased by an impressive 64%, compared to a more contained 30% rise in Marbella.

In summary, the luxury real estate market on the Costa del Sol remains robust, even outpacing the already resilient general mar-ket. However, we must be mindful of the geopolitical uncertain-ties emerging in the first.

The Market mantains the pace on Marbella & Benahavis

As we have gone through the first quarter of 2024 and observed activity on the market, the data on closed transactions for the fourth quarter of 2023, and thus for the entire year, has been released. From this information, we can draw a couple of conclusions that align with recent trends:

1. 2023 proved to be a solid year for the real estate market, although it didn't surpass the historic performance of 2022. Despite experiencing a notable -18.0% decrease in Marbella and a more modest -5.1% decline in Benahavis in the number of annual closed transactions compared to 2022, it's important to note that 2023 still brought positive outcomes for both municipalities. These percentage declines may seem substantial, but they are in comparison to 2022, a year that set historic records for closed transactions in the whole area.

2. The proportion of new unit sales has remained relatively stable. Despite fluctuations, as illustrated in the chart, the average number of new unit sales as a percentage of total sales has hovered around 7.3% for Marbella and 13.3% for Benahavis over the past decade.

These figures are significantly lower than the peaks of 45% and 65% seen during the pre-2008 crisis boom. In fact, the oversupply of new constructions played a role in that crisis, with about five times more construction activity compared to now, yet only approximately 50% of newly built units were being sold. The current numbers indicate the maturity of the market, more controlled development activity, increased developer experience, and a scarcity of available land compared to the abundance seen in 2001.

In summary, the real estate market in the Costa del Sol area continues to demonstrate resilience and positive performance, buoyed by promising macroeconomic conditions and ongoing investments. However, we have to acknowledge the geopolitical uncertainties that have arisen in the first quarter of 2024, presenting a potential risk to stability.

Unveiling Real Estate Trends: Pricing shifts & Market Dynamics on Marbella & Benahavis

The Ministry of Housing / Fomento and the real estate portal Idealista have published the most recent data regarding prices from the fourth quarter of 2023, revealing subtle shifts in trends that offer interesting insights:


1. Continued Rise in Asking Prices. Despite a 23,7% decline in annual closed transactions compared to 2022, asking prices have persisted in their upward trajectory even into the fourth quarter. Notably, the quarterly increase in prices in Benahavis and Marbella averaged a modest 1,9%, which, while still relatively high from a personal standpoint, marks a decrease from the 2,9% average witnessed in the past two years. This adjustment signals not a decline, but rather a moderation in the pace of price increases, a welcomed shift in my view. It appears that some property owners may still perceive the market through the lens of the booming year of 2022. However, even amidst this positive market sentiment, overpriced properties continue to face challenges in finding buyers.


Notably, I have observed instances where homes, after languishing on the market for two to four years, were sold within three months of being priced at a more reasonable level. As we step into the new year of 2024, asking prices persist in their upward trajectory.

2. Stabilization in Closing Prices. Although not immediately evident from the trend lines on the chart, there's a noticeable flattening in the latest data points (in blue), suggesting a potential shift towards a more stable trend in upcoming quarters if the current pace continues.

 

Consequently, while asking prices maintain their ascent, signaling optimism among property owners, closing prices are displaying a growing moderation, a typical response to a significant decrease in transactions (-23% compared to the previous year).

 

 

The increasing disparity between asking and closing prices, now reaching 30%, implies that property owners with listings on the market will likely need to offer more substantial reductions to facilitate sales.

 

3. Prices of newly built units continue to rise, albeit at a slower pace, while the prices of second-hand homes are starting to decline. In Marbella, prices of newly sold units saw a modest increase of 0,1% over the last two quarters, whereas closed prices of second-hand homes decreased by 3,5%. This marks the first semester since the pandemic where prices have shown a downward trend. Similarly, in Benahavis, the situation mirrors Marbella's, with a 4,2% increase in newly sold units over the last six months, contrasted with a 0,6% reduction in second-hand home prices. It remains to be seen in the upcoming quarters whether this trend will persist or if it was merely a reflection of the fourth quarter of 2023, when economic indicators were less favorable, with rising index rates and inflation not fully under control.

4. Valuations are following a similar pattern to closed prices. Although valuation prices reported are only available for Marbella (indicated in red on the chart) and not for Benahavis, in the fourth quarter, the red dots on the Marbella chart indicate a deviation from the previous trend line, suggesting potential concerns among valuators regarding market conditions. Time will reveal whether this deviation represents an isolated deviation or a broader trend. Nevertheless, it underscores the uncertainties faced by valuators during the fourth quarter .

In summary, asking prices in Marbella and Benahavis continue to rise, leading to a widening gap with real closing prices, also growing but on a more moderated way, reported by the Land Registry. This trend suggests an excess of optimism among property owners attempting to sell their properties. While price increases are typical in a healthy market, double-digit percentage increases, as seen in recent years, may not be sustainable in the long run.

 

Your new home awaits.