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Real Estate law and legal questions

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Binding Resolution of the General Directorate of Taxation: Deductible expenses for the sale of real estate

The transfer of a property generates to him placing the question of profit or loss in patrimony, on producing a variation in the value of his patrimony that is revealed through an alteration in its arrangement, in accordance to that appearing in article 33.1 of the Law 35/2006, dated 28th November of an Individual Income Tax Return and with the partial modification of the laws of Company Taxes, the non Residents Income Tax declartion and Capital Gains (BOE dated 29th November), hereinafter LIRPF, and, therefore, it will be subject to tax, in accordance to that appearing in article 6.1.

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NEW HOME LAW OF THE ILLES BALEARS: HOW IT WILL AFFECT THE PURCHASE/SALE OR RENTAL OF PROPERTIES

On the 27th June 2018 came into force the new Home Law of the Illes Balears. We already spoke about this project of the Law beforehand and now, at last, has been published the final regulation text. Although this Law regulates very interesting areas from a social point of view and is focused to those most disadvantaged, particularly keeping in mind the present situation in the islands, where many families are unable to gain access to a decent quality home, we prefer not to delve into this matter but concentrate on the practical aspects that this Law will imply in our every day, as professionals in the real estate and planning area.

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Consell Insular and local government together in collecting the income as a result of planning infringements.

When a proceeding is started for planning infringement, the result is not only that those responsable must restore the planning legality and the modified physical appearance (legalizing or demolishing same in a voluntary or non voluntary manner) but also the Administration holds the punishment authorization and may impose fines, in some cases very substantial, to these planning offenders (art. 186 LUIB).

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New planning Law in the Balearic Islands (IV): Expiry of works carried out without a license.

You may possibly know that when construction of more than eight years has been carried out without a license, the infringement has expired and the administration cannot request that the owners demolish such construction. In spite of expiry this does not mean that the construction be legal because, even though eight years have passed, the Works are still considered as being illegal and out of planning order, although it was possible to declare same through public deed.

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Is the new Planning Law of the Balearic Islands unconstitutional?

No. No worry. We only want to attract your attention. Although it is true that the new law has caused controversy, up to the point of us having read in some local newspapers that the mainland government are considering the possibility of presenting an appeal of unconsititutionalism before the Constitutional Court, but only of certain rules of the Law for violating powers of the state legislator or for directly being unconstitutional.

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