Spain- transfer ownership Father to son

[rjt]

Brief background. My father has property long term in Costa Blanca,Spain. Now mainly rented short term as none of us ( 3 siblings) really like spending time in area, and he is losing interest in travel. He wealthy, all of us comfortable. He currently selling assets, land etc but would like me to take this apartment. He'd still use occasionally, so wants keep in family but doesn't want paperwork hassle anymore ( has reliable rental agent), and refuses own unused property.
Rental income reliable May to October, though I don't need income- well covers itself. I've no problem including value in my inheritance tax allowance
So Tldr 2 questions ( I've googled but no clear answer)
1.Could we transfer property without standard 10-15% value spanish fees?
2. I'd be tax resident Ireland, but with NIE and registered as tourist letting with Communidad. Could I just pay tax on rental income in Spain?
Thanks in advance

 

[jpd]

2. No, you would be liable for tax on the rental income in Ireland as well as in Spain. The Revenue will give you credit for the tax paid in Spain to offset the tax due in Ireland but there may well be income tax to be paid in Ireland

 

[Knuttell]

I have heard that there seems to be a lot of cases of squatters taking over empty apartments, indeed there seems to be a movement advocating this. As I understand it if you don't get them out in 48 hours then it's quite difficult to do so after that time.
somethibg to be aware of I suppose.

Squatters’ rights vs owners’ right: a common clash in Spain | Costaluz®

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costaluzlawyers.es

 

[rjt]

I have heard that there seems to be a lot of cases of squatters taking over empty apartments, indeed there seems to be a movement advocating this. As I understand it if you don't get them out in 48 hours then it's quite difficult to do so after that time.
somethibg to be aware of I suppose.

Squatters’ rights vs owners’ right: a common clash in Spain | Costaluz®

Squatting is too common in Spain. Every other day we see a property owner on the news speaking about the difficulty of removing illegal occupants from their home. It may … Squatters’ rights vs owners’ right: a common clash in Spain Read More

costaluzlawyers.es

Thanks, I'm aware of cases elsewhere, haven't heard of cases in this area- though of course that doesn't mean it hasn't or won't happen.
The apartment building is well manged with good security (management fees reflect this!) and most apartments are Spanish owned, with many year round residents, so hopefully wouldn't be an issue.

 

[Leper]

If you do nothing else employ a Spanish solicitor to act solely for you during the transfer of the property. Get everything tied up legally.

 

[Brendan Burgess]

This just not seem like a good idea at all.

Your father who only occasionally wants to use the apartment wants to transfer it to you who does not want it at all.
If it has gone up in value, he will pay Capital Gains Tax on the disposal.
It appears that there is some other 10% to 15% Spanish tax.
He is just transferring the headaches to you.

Why does he not just sell the apartment and get a timeshare in the same area?
Or stay in a nice hotel or rent an apartment when he wants to visit.

Or keep it until he dies, and then any Irish capital gains disappear.

Brendan

 

[presidenttttt]

The CGT would disappear Brendan but presumably replaced by inheritance tax, no?


I imagine the property has increased in value. I would also strongly suggest selling it out of family. I also have experience of property ownership abroad, if you aren't using it very frequently just flog it.