What is the D-2B Form?
The D-2B form is an official document used to declare the divestment of foreign investments in real estate in Spain. This form is mandatory for non-residents who have made a real estate investment exceeding €500,000 and wish to divest. In other words, it is a legal requirement for those who do not live in Spain but own real estate in the country and wish to sell it. This form ensures that all sales transactions are correctly recorded and that Spanish authorities have adequate control over these operations.
Why is it important to declare the divestment?
The declaration of divestment using the D-2B form is crucial for:
- Transparency and Legal Security: Ensures that all real estate transactions conducted by foreigners are transparent and properly documented.
- Compliance with International Regulations: Aligns Spanish practices with EU and OECD guidelines, improving international comparability.
- Prevention of Money Laundering: Allows authorities to monitor and prevent illegal activities related to money laundering and terrorist financing.
- Collection of Statistical Data: Facilitates the creation of accurate statistics on foreign investments, essential for policy formulation.
Steps to Complete the D-2B Form
The D-2B form cannot be completed by hand on paper. It must be completed and submitted electronically using the AFORIX program, which is provided by the Ministry of Economy, Trade, and Industry.
1. Download and Install AFORIX
The first step to complete the D-2B form is to download and install the AFORIX program from the virtual office of the Ministry of Economy. This program is designed to assist in the completion of foreign investment forms.
2. Complete the D-2B Form
Once AFORIX is installed, it must be used to complete the D-2B form. Specific details must be included, such as:
- Identification of the real estate property
- Information about the foreign owner. (See how to apply for the NIE)
- Details of the buyer (if also foreign)
- Date and value of the transaction
3. Sign Electronically
After completing the form, it must be signed electronically using a digital certificate. This step is essential to ensure the legal validity of the document.
4. Telemetric Submission
Finally, the signed declaration must be submitted telemetrically through the AFORIX platform. It is important to follow all the instructions provided by the Ministry of Economy to ensure correct and timely submission.
Example Form
Although the D-2B document must be submitted telemetrically, we provide an example so you can see what this form looks like:
Deadlines and Declaration Responsibilities
The D-2B form must be submitted within the month following the divestment. If the transaction is overseen by a Spanish notary, they are responsible for submitting the declaration. In the case of transfers between non-residents, the buyer must complete a D-2A form and the seller a D-2B form.
Additional Information
For more details and access to the necessary forms, visit the virtual office of the Ministry of Economy. There, you will find additional guides and manuals to help you correctly complete and submit the D-2B form.
