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Hello Jackie
The subject is rather complex, and further information is needed before an answer can be provided.
To simplify things, we will assume that you are non resident, and are transfering just one property (indivisible).
- Generally speaking, 1% Stamp Duty is applicable if there's payment in money in exchange of the share that is being transferred (after deducting the corresponding part of the mortgage).
- If no payment is made at all, the transfer will be considered by the taxman as a donation, and taxed accordingly (not recommendable!)
- There are some circumstances in which 7% transfer tax is applicable, specifically in cases in which payment is done in kind (e.g. a car, furniture, etc), instead of money.
In any case, I recommend that you submit your question to a Tax Advisor experienced in Spanish Tax Law.
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