The seller may impact payment of IBI the buyer.

According to Local Finance Law, Which regulates the Property Tax (IBI) in a sale of housing, payment of IBI satisfies the Town Hall seller this year, since in that legislation provides that the obligor is who owns at the time the taxable event and this occurs on the first day of the calendar year (1 January). That is, who owned a January 1 must pay the IBI.

Nevertheless this law allows the possibility of passing a portion of the tax to the buyer, limiting tax regulations establish that the distribution of tax shall be made in accordance with the rules of common law, which are the rules of the sale, under the which owns the buyer must be considered from the time of delivery of the goods.

In practice the interpretation of the aforementioned law originated diverse contradictory opinions, there being judgments of the Provincial Courts that gave the reason to the buyer and others to the seller, giving rise to numerous contradictory jurisprudence. And that is why the past 15 of June, the Supreme Court made this issue clear in the sense that this tax can be apportioned.

The Supreme Court establishes the criteria that if no agreement to the contrary, who pays property tax to the City is the seller who owns a January 1 and he may pass it to the buyer, in proportion to the time each owns.

If there is no agreement between the parties, the buyer must pay the IBI for the corresponding period from the time when the purchase is made.

Thus, the tax is to bear each of the parties, depending on the time they are owners of the property in the year of purchase.

Despite the above, the Supreme Court noted that the parties may agree on the impossibility of the impact of the tax on the purchaser.

The parties may agree that the seller may not pass to the buyer's part of IBI in which it is to own, in which case it is the seller, owner of January 1, who will pay the said tax throughout the year.

So, summing up, payment of IBI must assume, according to the Local Finance Law, who owns a January 1. However, the Supreme Court with the ruling last 15 last June that sits jurisprudential doctrine, just opened the door to that sellers can claim part of IBI buyers who sold the property long as there is no pact contrast between the parties.

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Carmen Lopez

DiG Lawyers