Experts in providing you with a comprehensive and specialized service for managing the transfer of tobacco shops
We specialize in the buying, selling, and transferring of tobacco shops
At Vázquez Manchón, we are experts in the management and active involvement in the transfer of tobacco shops.
The transfer of tobacco shops is managed through the Commissioner for the Tobacco Market, linked to the Ministry of Finance and Public Function. At Vázquez Manchón, we have the knowledge and experience to effectively handle these processes, ensuring compliance with current regulations.
Whether it is a transmission “inter vivos” or “mortis causa”, in Vázquez and Manchón we have been helping customers in this particular sector in the consecution of these procedures.
When managing the transfer, the rules of succession must be taken into account in the case of a “mortis causa” transmission, or in the case of “inter vivos” transmission whether or not there is a family relationship with the person transferring the business. In addition, there are unavoidable requirements to be met by the one acquiring it.
A tobacco shop, being an administrative concession, is subject to specific rules, dates, and limits, especially if the concession was granted after 2005.
If your concession is prior to 2005, you can transfer it without issues, as long as you provide the appropriate documentation.
In the case of concessions acquired after 2005, it is necessary to verify the remaining validity to carry out the transfer. However, you can proceed as long as you inform the buyer and they accept the remaining years of the concession, complying with all the necessary documentation.
To acquire a tobacco shop, it is essential to meet various requirements and submit the corresponding documentation. Among the fundamental requirements are a declaration and document certifying compliance with tax and Social Security obligations, as well as a criminal record certificate and proof of residence. Another crucial aspect is not owning another Tabacco shop, among other essential requirements that make up an extensive set of documentation, all of which are equally important.
Additionally, it is essential to have a premises, either owned or through a lease contract with a minimum duration of five years. Regarding the premises, it is necessary to comply with a series of specific requirements.
Sales or transfers of tobacco shops are exempt from VAT and are not subject to the Transfer Tax. However, the capital gains tax must be paid in the income tax return. A scale is applied to the difference between the acquisition value and the sale value, with the total value being considered in the case of tobacco shops acquired through concession. The scale is as follows: 19% for the first €6,000.00, 21% for the next €44,000.00, and 23% for amounts over €50,000.
Additionally, since the transfer is carried out through a deed, it is necessary to pay the Documented Legal Acts tax.
In the event that the acquirer has a family relationship with the transferor, it will be considered a donation, as long as no money is involved in the transaction; otherwise, it would be a sale. In the case of a donation, it will not be necessary to value the business goodwill, but the commercial premises where the activity is carried out must be evaluated for tax purposes.
No, the owner of a tobacco shop must be a natural person.
Understanding the process of transferring tobacco shops is essential to not miss the opportunity to sell or acquire a tobacco shop.
Having specialized advice like that of Vázquez y Manchón becomes essential to avoid administrative errors that could lead not only to a loss of time but also to possible economic sanctions.
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Calle Cervantes, 25
04700 El Ejido (Almería)
España
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