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The Spanish Lawyer Online

Can I refuse to pay the Plusvalia?

Property Law

Antonio Flores Vila

10th of October 1999

Q. The estate agent through which I am purchasing has told me that I need to pay a so-called plusvalia. Can I refuse to pay this tax?


    A. This, however, is not the normal practice, since it is now often for the contract to stipulate that the buyer will pay all expenses arising from the transaction, including the plusvalía. And this a perfectly legal arrangement between seller and buyer.

    We suggest this matter is dealt with at the early negotiation stages of the purchase. Instruct your lawyer to find out the amount of the plusvalía prior to formalising an offer and use it to negotiate your final price.

    Where the seller is a developer, consumers law should prevent him from forcing the buyer to pay this tax.

    There has been a recent modification of the law regarding the plusvalía, whereby the buyer is responsible for the payment of the plusvalía where the non-resident seller has not paid it. So if you want to avoid a "hidden charge" on your property, make sure your lawyer deducts the plusvalía amount from the purchase price and lodges it with the Town Hall. You definitely do not want to buy problems together with your property.

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