Moved Permanently

The Law of Prevention of the Fiscal Fraud, that in force entered the past 1 of December of 2006, forces to brief in the notarial writings all the means used in the purchase of a house and the fiscal number of identification (NIF) of the participants.

This consigment will have also to be made at the time of the inscription of the mortgage in public registry, pointing out all the paid amounts and means used in each of them (in metalist, nominative check, to the carrier, endorsement, etc.). Without this requirement the property in the registry will not be able to be registered (it closes registry).

The measurement was introduced by Property with the intention of to follow the track better the drug trafficking money and the money laundering, frequently bound to the “real estate boom” of the last years.

Then, this control of payment means will not be mandatory in the case of the inscription in the registry of the cancellation of a mortgage, according to the Cash register School of Spain, that agglutinates to the officials government in charge to carry out this task.

To its opinion, the law does not fix specifically what is had to do in the case of a cancellation reason why it is to the interpretation of these civil servants. “He is excessive to apply to rajatabla the means consigment of payment in the cancellations inasmuch as it is understood that the bank that has operated with the buyer of the house already has that information”, Manuel Parga comments, coordinator of the existing liquidator offices in the Community of Madrid.

The measurement affects thousands of interested. Only in February 74,700 mortgages were cancelled in Spain, most in Andalusia, Catalonia and Madrid.

This situation is repeated, in his opinion, in another cases as the “new work declaration” that must be realized by a consumer when it carries out an openwork rehabilitation in the house of his property. “This act does not contain an economic return by itself reason why he will not be mandatory to demand used means of payment in the work that is going to become in the future”, it adds.

A law money laundering

The Law of Prevention of the Fraud establishes tens of measures money laundering. Among them the residence pays attention to Spain of the companies that, although theoretically are domiciled in a territory of null taxation or in fiscal paradises, actually they count on most of his assets in Spanish territory. On the other hand, the tie operations between a matrix and its branchs abroad will have to be entered to prices of market.

To the internal scope, and to persecute the proprietors of rented houses that do not declare their income, the obligation pays attention to brief the cadastral reference in contracts of provision of electrical energy and renting.