At Resitax we are experts in real estate law in Mallorca, advising international buyers, owners and investors in all phases of the operation: from the legal verification of the asset to its transfer, with special attention to the urban planning, tax and registration particularities of the Balearic Islands.
The firm intervenes from the earliest stages of the operation and ensures that the client has all the necessary legal and tax information before assuming any contractual commitment.
The practice covers both asset verification and negotiation, formalization and closing of the transaction, including coordination with notary, registrar and financial providers.
Verification of the registration status, encumbrances, easements, urban planning licenses and compliance with current regulations.
Drafting and negotiation of the preliminary contract, with the suspensive conditions appropriate to each operation.
Review of the notarial draft, representation of the client by means of a power of attorney when appropriate and assistance in the granting.
Determination of the taxes applicable to the acquisition (ITP/AJD, VAT where applicable, municipal capital gains tax) and advice on the most efficient structure.
Management of registration in the Property Registry and follow-up until obtaining the final simple note.
Once the acquisition is finalized, the firm advises the owner on the optimal structuring of ownership and compliance with the recurring obligations associated with the property, whether for personal use, investment, or holiday rentals. The advice takes into account the owner's tax residency, the intended use of the property, the municipality's urban planning regulations, and medium- and long-term succession objectives.
We analyze the most appropriate way to acquire and maintain ownership of the property, whether personally, through a company or other asset structure, taking into account its legal, tax and inheritance implications.
Creation of the company when the structure advises it, including the drafting of statutes, shareholders' agreements and initial commercial compliance.
Management and settlement of IRNR, Wealth Tax and IBI, as well as the periodic declarations of the non-resident owner or the company that owns the property.
Advice on obtaining and maintaining the ETV license (tourist stays in homes) and other applicable authorizations in the Balearic Islands.
Legal support in renovation projects, urban planning licenses and relations with the local administration.
Correction of discrepancies between the Registry and the Cadastre and regularization of the legal status of the property.
Optimizing asset value through efficient legal and tax structures, with cross-border guidance tailored to the holder's residence profile.
The firm advises the owner on the planning and execution of the property transfer, whether through sale, donation, or contribution to a company. The goal is to optimize the tax outcome of the transaction and coordinate the involvement of all professionals involved.
Legal preparation of the transaction, drafting of contracts and representation of the seller in the deed of sale.
Analysis of capital gains, determination of the optimal tax moment and management of the 3% withholding applicable to non-residents.
Comparative advice between lifetime transfer and inheritance, with analysis of their implications in both jurisdictions.
Transfer of real estate assets optimizing the tax cost through Balearic civil and tax law.
Integration of real estate into corporate structures to protect assets and improve their taxation.
Tailor-made tax strategies designed to protect and transfer family real estate assets.
Coordination of efficient asset transfers, minimizing the impact of capital gains and transfer costs.
Managing relationships with notaries, registrars, tax authorities and tax advisors in the client's home jurisdiction.
Every real estate transaction in Mallorca has unique legal and urban planning aspects that require rigorous verification before any contractual commitment. Due diligence is not an added formality: it is the foundation upon which the security of the transaction rests.
The firm performs a complete analysis of the asset so that the client can make their decision with full knowledge of the legal status of the property, without surprises after the transfer.
Verification of ownership, encumbrances, mortgages, liens and registered preventive annotations.
Verification of land classification, licenses granted, possible urban planning violations and compliance with planning regulations.
Identification of easements, party walls, coastal protection and any limitation on ownership.
Coordination between Registry, Cadastre and physical reality; verification of licenses, certificates and documentation.
Five phases for a real estate transaction in Mallorca, from asset verification to registration, fully handled by the firm.
Legal, urban planning and registration verification of the property prior to any contractual commitment.
Drafting and negotiation of the preliminary contract, with the suspensive conditions appropriate to each operation.
Granting before a notary, review of the deed and representation of the client by means of a power of attorney when appropriate.
Settlement of taxes arising from the transaction and analysis of the optimal tax structure for the acquirer.
Registration in the Property Registry and follow-up until obtaining the final simple note.
At Resitax we protect your investments in the Balearic Islands by providing maximum legal security and a global perspective.
As a boutique firm specializing in international clients, we understand that buying a property goes beyond a simple legal process: it requires a coordinated strategy that protects your assets and optimizes your tax situation from the outset.
In the Balearic Islands, signing this document legally binds the parties and usually requires a 10% down payment of the property's value. A real estate lawyer in Mallorca will conduct a preliminary audit or due diligence to check for encumbrances registered with the Land Registry, the validity of the occupancy permit, and the absence of any outstanding urban planning violations at the relevant town hall or the Territorial Defense Agency.
For a resale property, the general Property Transfer Tax (ITP) is calculated in brackets: 8% up to €400,000, 9% between €400,000.01 and €600,000, 10% between €600,000.01 and €1,000,000, 12% between €1,000,000.01 and €2,000,000, and 13% on the amount exceeding €2,000,000. Notary fees, registration fees, and other transaction costs are added, so for high-value properties, the total cost can exceed 15%. For new construction, a 10% VAT plus Stamp Duty (AJD) and other expenses are generally applied. Reduced rates and the exact cost should be verified in each case.
The marketing of tourist accommodations is subject to current tourism regulations and zoning laws in Mallorca. It is not enough for the property to be in a suitable area and meet the technical requirements: there must also be available tourist accommodation and the type of accommodation must be permitted. In properties under horizontal property ownership, the deed of constitution, bylaws, and community agreement, where applicable, must be reviewed. Current restrictions may prevent new registrations even if the property meets other requirements; therefore, the availability of tourist accommodation and the applicable regulations are checked before initiating any procedure.
The tax burden depends on the type of transfer, the relationship between the beneficiaries and the transferee, the residence, and the property's location. In the Balearic Islands, acquisitions by individuals in groups I and II can qualify for a 100% regional tax credit on Inheritance and Gift Tax when the requirements are met. Furthermore, a succession agreement can prevent the transferor from being taxed as a capital gain in their Personal Income Tax return, unlike a standard donation. It should be noted that if the beneficiary transfers the assets within five years of the agreement or before the deceased's death, they assume the original value and acquisition date. Each transaction requires prior analysis.
The firm offers an initial consultation during which the client's situation is analyzed and the scope of the necessary advice is precisely determined, without further commitment.
