Our
(Spanish but English-speaking) estate agent claims that in Spain everybody pays
a part of the final sales price in cash. She calls the cash payment "black
money". The sellers of the chalet we want to buy have accepted our offer,
but want us to pay 20% agreed price in cash. Our estate agent is encouraging us
to agree but we feel uneasy about handing over a big wad of notes and receiving
no receipt. What would you advise us to?
Your
estate agent is right, it is common practice in Spain to "camouflage"
the real sale price, although recent legislation makes it more difficult to do
so than it used to be. Even though black money continues to change hands in the
majority of second-hand property deal in Spain, it is very much against the law
and you need to be aware of that when you make your decision. Your estate agent
will encourage you to agree because she may have agreed with the vendors that
her commission on the sale will be paid to her in cash too, taken directly from
the cash paid by the buyer during the sale. It sounds very wheely and dealy written
down like that, but the property market in Spain boomed at a time when legislation
was not prepared for a thriving real estate sector, and things like black money
payments reflect this perculiarity.
Cash payments
in effect become "invisible" (and therefore "black") during
the property sale because they are not mentioned in the deeds and do not figure
in the sales contract. They are usually handed over during the signing of the
contract. The "black" or "undeclared" money has advantages
for the property vendor, because it means he/she will pay less capital gains tax
on the sale of the property because the price that figures in the deeds is lower
than the money which has really changed hands (i.e. deed price + cash) and this
in turn means that the vendor's taxable profit is also lower.
While many British
people are taken aback when they initially find out about the role of black money
in Spanish property deals, most of them go ahead with their purchase, even though
they have nothing really to gain by paying part of the price in cash. On the contrary,
you should bear in mind that because the price of the purchase described in the
deeds is lower than the price you have actually paid, your own capital gains tax
will be higher when you sell the property in the future (assuming you don't want
to break the law when you sell). Buyers must bear this in mind, especially if
they are buying the property as an investment and intend to resell quite soon.
You
could negotiate with the vendors the sum of cash you are prepared to pay - 20%
is above the norm. You could also ask for a receipt of the cash payment arguing
that you need one for your personal accounts. Or you could look around for a seller
prepared to declare 100% of the real price paid.