Tag: Mariano Rajoy

Rajoy Will Give Tax Breaks To Banks That Lease Empty Homes

29 November 2016 – Expansión

Housing will be one of the first major agreements of the new legislature. The PP has reached “an agreement with the opposition” to approve a non-binding proposal to establish guidelines for real estate policy until 2021. This initiative, which will be debated by the Development Committee in Congress on Wednesday, includes an important new feature: it will incentivise the occupation of empty homes owned by financial institutions, public companies, Public Administrations and “other owners” by the “most vulnerable” families. For example, those on low incomes and those who have been evicted from their homes.

To achieve this, “tax incentives, agreements with large home owners and exchanges of land” will be approved, according to sources in the Popular Parliamentary Group. “All of the parties support the agreement”, which will give rise to a new Housing Plan, to be agreed, as always, with all of the regional governments.

The tax benefits that will be approved have not been defined yet because the PP still needs to agree them with the opposition. Moreover, the Ministry of Development, which is piloting the reform is in the middle of handing over powers and is not in any rush. “The left-wing parties like the idea. The agreement that we are going to reach on Wednesday is generic and we will have to do further work to iron out the details”, say the same sources.

In the face of initiatives to penalise owners of empty homes, such as those introduced in Cataluña, País Vasco and Andalucía, the new housing agreement will seek to “promote mechanisms of cooperation so that available unoccupied homes, owned by the Public Administrations, public companies, financial institutions and other owners may be occupied by the most vulnerable members of the population” according to the text in the Proposal, which has received a favourable report from the Ministry of Development.

The banks will be the main target for these measures. The appraisal company Tinsa calculates that the financial institutions own more than 80% of the stock of empty homes. In its most recent report, based on data as at 2015, Tinsa calculates that the banks own a surplus of more than 300,000 (empty) homes. In addition, the ratings agency Fitch says that at the end of last year, the financial sector owned “around 150,000 unsellable (new) homes”.

With this reform, it will be much easier for banks to free up their empty homes. Firstly, because they will receive guaranteed income from the State in the event that they allocate them as social rental properties. Secondly, because although the lease payments will be relatively low, the tax benefit will have a compensatory effect. Thirdly, because when the entities exchange properties for land, they will remove those assets that are hard to divest from their balance sheets and they will only include new properties in better locations and with better outlooks.

INE estimates that there are 3.5 million empty homes in Spain, but that almost all of them are owned by individuals. Tinsa says that, of all of the residential properties constructed since 2008 (that have never been lived in), only around 11,670 are owned by professionals, but they are not being marketed. That figure represents 3.9% of the total commercial stock (389,000 homes in 2015). (…).

Original story: Expansión (by Juanma Lamet)

Translation: Carmel Drake

Constitutional Court Suspends Tax On Empty Homes

4 May 2016 – Expansión

The Constitutional Court (TC) has suspended three laws approved by the Catalan Parliament, after they were appealed by the Government at the end of April. The laws in question are: the law that taxes empty homes, the local government law and the law for equality between men and women. The appeals have been accepted for processing, which means that the laws themselves have been temporarily suspended. Nevertheless, the acceptance for processing and the temporary suspension do not represent a ruling of any kind regarding the outcome of the appeal.

According to the acting Justice Minister, Rafael Catalá, who spoke at a press conference following the Council of Ministers meeting held on 22 April, the Government is challenging the law that establishes a tax on empty homes because that taxable event is already taxed under the current system for financing local governments, which provides for surcharges of up to 50% under IBI. (…)

The appeal against this Catalan law is surprising if we consider the fact that the Stability Program, which the Government has just submitted to Brussels, praises this law as one of the measures that the regional Governments are using to try to guarantee revenues “such as the tax on empty homes and the tax on tourist accommodation”, it says.

Original story: Expansión

Translation: Carmel Drake

Constitutional Court Temporarily Supends Basque Housing Law

18 April 2016 – Cinco Días

The Constitutional Court (TC) has admitted the appeal filed by the central Government against the Basque Housing Law, which provides for the temporary expropriation of homes by banks, amongst other measures, and has suspended it as a precautionary measure whilst it decides whether or not it complies with the Constitution.

The Government filed an appeal of unconstitutionality against the Basque Housing Law, which, in addition to the aforementioned measure, makes provisions for other initiatives, such as the imposition of a fee on empty homes and the recognition of the subjective right to a home, which will be enforceable in court.

The Basque Parliament approved the Housing Law in June 2015, following lobbying by PSE and with the support of EH Bildu and UPyD. It was rejected by the PP and the PNV. In its appeal, Mariano Rajoy’s Government requested that the admission procedure for the law be temporarily suspended until the substance of the matter has been resolved, as it is allowed to do under the Organic Law of the TC.

The court of guarantees issued a ruling in which it declared the appeal admissible and suspended the law, which does not determine the final outcome, but rather grants a period of five months, which may be renewed, during which time the aforementioned law will not apply and a decision can be taken regarding its future.

In its acceptance and suspension ruling, the TC announced that it will transfer the file “to the Congress of Representatives and the Senate, through their respective Presidents, as well as the Basque Government and Basque Parliament, through their respective Presidents, so that they can make an appearance and formulate the allegations that they deem appropriate, within a period of fifteen days.

Original story: Cinco Días

Translation: Carmel Drake