Political Uncertainty Deters Real Estate Investment

31 May 2016 – Expansión

The political uncertainty in Spain is hanging over the real estate sector, which, despite continuing to be active, is not shining with the same splendour that it did in 2015. Specifically, real estate investment during the first quarter of the year exceeded €2,100 million, which represents a 25% decrease with respect to 2015, according to data from CBRE.

The segment most affected by this slowdown was offices, where investment declined by 70% during the first three months of the year, to €180 million. Meanwhile, investment in retail amounted to around €770 million, almost 45% less. By contrast, investment in the logistics sector amounted to €200 million, compared with €80 million in the same period a year earlier. In other sectors – residential and hotels – investment amounted to more than €1,000 million, compared with €885 million during Q1 2015.

Pedro Lacambra, manager at Ibercaja Gestión, explained that the Spanish real estate market is showing signs of a slowdown, which is accentuated in certain business segments, such as offices. The expert said that Socimis account for 40% of all investment in offices, and that they are having to raise new funds to grow and invest in assets. Moreover, he said that the office business requires greater demand for space from existing companies, as well as the appearance of new companies and multinationals arriving in Spain. For Lacambra, the current panorama of political uncertainty does not encourage any of these scenarios.

Meanwhile, Daniel Pingarrón, market strategist at IG, considers that the political uncertainty is weighing down more on the Socimis and real estate companies than on players in other sectors. “ The stock exchanges and financial markets are more globalised and depend a lot less on politics and local factors. By contrast, the real estate sector is more sensitive, as we have seen with Operación Chamartín and Operación Campamento”.

In this sense, the analyst thinks that some investors are waiting for the uncertainty surrounding the formation of the future Government to be resolved before entering Spain.

Taxation of the Socimis

The analyst at Selfbank, Victoria Torres, explains that the political uncertainty that currently exists in Spain is one of the factors that is significantly affecting the real estate sector, which is very sensitive to the legislation in force. “There is a fear that a change in Government could increase the tax charges for Socimis. For that reason, we are not seeing any massive sales, but rather defensive moves to reduce positions until after the General Election”, explains Torres.

Torres thinks that these companies are helping to boost a depressed sector thanks to the tax benefits that they enjoy, amongst other reasons. Socimis pay Corporation Tax at a special rate of 0%, receive a 95% rebate on Stamp Duty (AJD) and Property Transfer Tax (ITP) on capital gains, and do not retain the dividends distributed to their shareholders, which include both individuals and corporations.

For Torres, the new concerns over the sector come at a key moment for the firms, especially Hispania, which is preparing a €231 million capital increase. (…).

Gonzalo Sánchez, analyst at Gesconsult, shares the same view. For him a more or less similar Government would benefit these companies. “Behind the Socimis are overseas investors, who want to have their money where they can see it and to avoid the chance of any nasty surprises”, he added. (…).

Original story: Expansión (by Rebeca Arroyo)

Translation: Carmel Drake

Regional Gov’ts Demand Rental Tax Payments From Tenants

3 March 2016 – El País

Tenants in the Community of Madrid with a residential rental contract signed within the last four years are now going to have to pay ITP (Property Transfer Tax or ‘Impuesto de Transmisiones Patrimoniales’). In the case of a rental charge of €600 per month, the tenant now has to pay almost €29 per year of the contract. Currently, it is typically for rental contracts to last three years, which means a cost of €86.40, to be made in a single payment. It does not matter whether this clause is included in the contract signed between the owner and the tenant or not.

Since the start of 2015, as part of its plan to combat fraud, the Ministry of Finance in the region of Madrid has been making a mass claim for the payment of this tax to the surprise and amazement of tenants, who have never heard of such a charge before. However, Madrid is not the only region. Cataluña, Asturias, Andalucía and Galicia have also included the ITP claim in their tax control plans.

The weak regional coffers are unable to forgive the payment of this tax any longer, the corresponding legislation has actually been in force for more than two decades. Until now, the Madrilenian Government, during the mandate of Esperanza Aguirre and then Ignacio González, generated revenues of €600,000 per year from this source. Now, Cristina Cifuentes’s Government hopes to raise a lot more, although it does not provide any figures. Cataluña, which is immersed in the same process, raised almost €6.4 million in 2015, compared with €482,000 previously. (…)

In force since 1993

Unbeknownst to the vast majority of Madrilenians, the ITP on rental payments in nothing new; in fact it has been in place since 1993, when the state law governing Tax on Property Transfers and Stamp Duty ruled that it considered a rental contract to be an onerous acquisition, much like a purchase. And the tax has even been envisaged in the law since 1980 (…).

Until now, “the small quantities involved meant that the Administration was not interested in allocating resources to find pockets of fraud against this tax, but now inspection activity is much simpler, given that with a simple cross reference of data, it is easy to find the debtors”, says Pelayo de Salvador Morell, a lawyer at the law firm deSalvador Real Estate Lawyer. (…).

The tax charge or amount to pay is obtained by applying the rate set by the regional government in each case, to the taxable base. Cristina Cifuentes’s Government is applying the State’s standard rate of 0.4%. Other regional governments, such as Cataluña, have increased the rate to 0.5%, which means that instead of the €86 mentioned above, tenants in Cataluña will have to pay €108 for three year rental agreements.

The payment of the tax must be made within 30 days of the contract being signed, through various means, such as using the stamp-impressed paper stocked in tobacconist shops…submitting the self-settlement 600 form to the General Tax Authorities…or telematically through the online office. Despite the mandatory nature of this legislation, the Community of Madrid has chosen to not penalise for non-compliance…due to the high cost involved. It is claiming only the amount of the tax that should have been paid at the time, plus late payment interest. (…).

Original story: El País (by Sandra López Letón)

Translation: Carmel Drake

Tax Collections From Property Taxes To Rise By 7.2% In 2016

8 January 2016 – Expansión

BUDGET 2016 / Spain’s autonomous regions are forecasting a 7.2% increase in tax collections relating to house purchases in 2016, with Navarra, the Balearic Islands and Madrid leading the way.

Spain’s autonomous regional governments are predicting significant increases in house sales and consumption in their budgets for 2016. A report prepared by the Ministry of Finance based on the accounts submitted by the autonomous regional governments, shows that income from the Property Transfer Tax and Stamp Duty (ITP and AJD, respectively), which are levied on the purchase of second-hand and new homes, will grow by 7.27% in 2016, to amount to €5,865 million, representing an increase of €400 million. Meanwhile, the autonomous regions expect to raise €21,959.35 million from VAT, an increase of 14.1% compared with the previous year.

The autonomous regions forecasting the highest rates of growth are: Navarra (26.7%), the Balearic Islands (18.2%) and Madrid (13.3%), followed by Castilla y León (10.7%), Galicia (10.1%), Andalucía (9.2%), the Canary Islands (9.1%) and Cantabria (2.2%). By contrast, revenues from the same taxes are expected to decrease in Murcia (12.1%), La Rioja (4.4%), Valencia (2.9%) and Aragón (1.8%).

The Ministry of Finance has analysed the projections submitted by all of the autonomous regions, with the exception of Cataluña, Asturias, Castilla-La Mancha and Extremadura, because either they have not submitted their budgets or their budgets have been rejected.

These forecasts show that the autonomous regions forecast an increase in the sale of second-hand homes, on which ITP is levied, as well as new homes (AJD and VAT). They are also predicting a significant increase in consumption, equivalent to more than three times the rise forecast by the State’s General Budget for 2016.

The forecasts made by the Institute of Business Practice (IPE) in its Real Estate Pulsometer (published in December) show that house sales will increase by 17% in 2016 and house prices will rise by 6.6%. The Balearic Islands (24.5%), Madrid (23.5%) and Cataluña (22%) are expected to lead these increases.

These percentages are consistent with the projections made by the autonomous regions in their own budgets, given that the majority of the regions are not going to increase their rates of ITP-AJD; instead they expect revenue growth to stem from increases in activity. In fact, Navarra, the region that forecasts the highest increase, plans only to make a technical change to ITP, despite increasing other (non property-related) taxes in 2016. These tax rates are not forecast to rise in Madrid, Castilla y León or Galicia, nevertheless revenues are projected to grow by more than 10% this year.

The rate of ITP is forecast to rise in Aragón only, from 7% to 8% – and AJD will increase from 1% to 1.5% there too. In the Balearic Islands, the regional government has created a new ITP band for properties worth more than €1 million, which will be levied at a rate of 11%.

The collection of taxes from housing increased during the first half of 2014 for the first time since the beginning of the crisis, by 5.9%; these same revenues plummeted by 40% in 2008. Experts at Fedea (‘Fundación de Estudios de Economía Aplicada’ or the Foundation for Applied Economic Studies) have warned against the danger of inflating earnings forecasts on the basis of real estate activity.

Original story: Expansión (by Mercedes Serraller)

Translation: Carmel Drake

Second-hand Housing Is More Appealing To Buyers

23 February 2015 – El País

62% of the homes purchased in Spain last year were second-hand.

The second-hand segment is winning by a landslide in the race to sell more homes in the Spanish real estate sector. Overall, sales increased in 2014 for the first time in four years – breaking the trend observed since 2010 – and they did so thanks to the used home segment.

62.7% (200,065) of the 318,928 homes sold in 2014 were second-hand and just 37.2% (118,863) were new builds, according to the statistics of the Association of Registrars. According to INE, sales of second-hand homes increased by 18.4%. By contrast, sales of new builds plummeted, falling by 16.9%.

All indicators suggest that second-hand homes will continue to dominate transactions throughout 2015. Thus, the gap between new and used housing will become increasingly larger. Why? The main factor tipping the balance is price; second-home homes are more affordable for the long-suffering buyer. Used homes are between 5% and 15% cheaper, according to Manueal Gandarias, Director of the Research Unit at pisos.com. In euros, “the difference between an average used home and an average new build in Spain amounts to approximately €400 per square metre”, according to calculations by the appraisal firm Tinsa.

Second-hand properties ended the year with an average price of €1,347 per square metre, whereas new builds stood at €1,624/m2, according to data published by the General Council of Notaries. Moreover, second hand properties are available for as little as “just over €1,021. This undoubtedly encourages future buyers”, says Chus de Miguel, Commercial Director at Casaktua.com.

Furthermore, the prices of used homes offer more room for negotiation when they are in private hands, especially for overvalued homes acquired during the bonanza years.

Another point in favour of second-hand properties is that they are taxed at a lower rate. Brand new properties are subject to a 10% VAT charge, whereas Property Transfer Tax (Impuesto de Transmisiones Patrimoniales or ITP) is levied on those that are already inhabited and it varies from 6% to 10%. Moreover, aside from a few exceptions, used homes are located in better areas, since new homes are often scarce in city centres, unless they are refurbished homes. “A high percentage of used homes are located in more established, central areas that have more services”, says Chus de Miguel.

Although new builds have a very important advantage: “the greater ease of financing offered by the developers and banks that own these homes”, says Jesús Duque, Vice President of Alfa Inmobiliaria. Loans are normally granted to the developer in the case of new builds, which may be subrogated to the potential buyer. And financial institutions offer more credit facilities to place their own products, be they new or used. The individual vendor is disadvantaged in this sense.

In terms of the state of the property, new homes are ready to move into and live in, whereas used homes may require the buyer to invest in a face-lift or comprehensive renovation. “Our clients prefer to buy a house in a good building, update it or renovate it to their taste and pay 20% less than they would pay for a new build”, says Fernando Sánchez, agent at Re/Max Urbe. And he continues “problems should not arise if the property has a favourable Technical Building Inspection (report), is energy efficient and has good insulation”.

Regardless of tastes, is it worth paying more for a brand new home? “If we are talking about the same area and similar characteristics in terms of a property, I do not think it is worth paying 10% or 20% more for a new home”, says Duque.

Before signing any agreements, experts advise that (potential buyers) perform a simulation of the annual costs that will result from the purchase. As well as of the monthly costs. One should appreciate that “new builds typically charge higher community fees (to cover the cost of swimming pools, gardens, sports facilities…) and that it is possible to find second-hand homes where the central heating and water costs are included”, say sources at Fotocasa.es.

The fact that the second-hand segment is driving the reactivation of the real estate market is also explained by the fact that there is more supply. And “because the new builds sold by banks are also classified as second-hand”, say experts at Idealista.com. Much of the stock held by banks is classified as ‘used’ even though it is actually brand new, because they are homes that they have absorbed from developers in exchange for the payment of debt.

And whilst the second-hand market is growing, the new build segment is contracting; it is plummeting because hardly any new homes have been constructed in Spain in recent years. It is true that the construction of new homes is now increasing, albeit at a very slow rate. By 2016, the panorama will have changed. Bankinter estimates that, after years of significant decreases, driven by low demand and developer paralysis, sales of new builds will return to a level close to 100,000 units by 2016 (with total sales amounting to 450,000).

Original story: El País (by Sandra López Letón)

Translation: Carmel Drake