Can a property sale be signed by video conference from abroad?

When the seller of a property in Spain is not tax resident there, the buyer must withhold 3% of the price and pay it to the Spanish Tax Agency with form 211 within one month of the signing. This is set out in Article 25.2 of the consolidated Spanish Non-Resident Income Tax Law.

That 3% is a payment on account. The seller then declares the gain on the sale, taxed at 19%, with form 210; if the amount withheld is more than the tax due, the seller claims the difference back. If the withholding is not paid in, the property remains liable for that amount.

When you hand us the transaction, we file the form that applies to you: form 211 if you are buying from a non-resident and form 210 if you are the one selling.

The seller owes it, but when the seller is a non-resident individual the law makes the buyer the substitute taxpayer: the buyer files it and pays it to the town hall within 30 working days of the signing. This is governed by Articles 106.2 and 110.2 of the consolidated Spanish Local Finance Law.

That is why, in these sales, the amount of the plusvalía is usually deducted from the price on the day of the signing. If you hand us the purchase, we file it within that deadline.

It must identify the property (address, Land Registry details and cadastral reference) and list what our representative can do on your behalf: sign the deed, collect the price into the account you name, cancel charges and pay the taxes on the sale. You decide the price: the power of attorney can set the exact price or a minimum.

If a power that the sale needs is missing, the notary will not authorise the sale with that document. That is why it should be drafted in Spain before you sign it in your country.

A property sale usually takes 3 to 6 weeks up to the signing and registration, and living abroad adds whatever the power of attorney takes. If you sign it before a notary in your country, allow 7 to 15 days to have it in Spain with the apostille; if you sign it at the consulate, it depends on how long the appointment takes. If you also need an NIE, add the time it takes to obtain it.

That is why it is best to sign the power of attorney and apply for the NIE before agreeing the date of the deed with the other party.