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OK, I know I don't post anymore but thought this might be important and worth people knowing.
There have been questions about under-declaring tax to the Hacienda when buying property. People who have paid a lower price for a property than the Hacienda has it valued at have been getting demands for tax on the difference which can work out at thousands of euros. The claim has been that a lower price is entered on the deeds to avoid taxes (shades of black money). It has also been pointed out that these tax demands can be challenged.
Our solicitors have informed us that they, in every case they have challenged for this tax, they have been successful and the Hacienda has dropped the claim.
Further, they inform us that the Valencian courts have, just recently, ruled that these demands are illegal and it is the responsibility of the notary to ensure the correct price is declared on the deeds and that these claims from the Hacienda are to stop.
The solicitors say they will send me a copy of the ruling and I will post it on here when I receive it.
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Actually, the Valencian court didn't rule that the methodolgy that the Hacienda were using was illegal, but they did rule that the process was flawed. What they said was it wasn't correct that the Hacienda decided on a value of a property from behind a desk. In other words, someone from Hacienda should have at least visited the property to see that nothing had changed.
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So what does that actually mean? Will the Hacienda continue sending out these demands or not? I ask because my neighbours bought a flat for €53,000. The original deeds from about 9 years ago valued it at €106,000. About18 months later, they were sent a bill for just over €3,000. They challenged this but still ended up paying over €1,000. If boboal's solicitor says they have to stop doing it, will they? And I thought having building works/extensions and so on was a totally different subject to under declaring values on existing properties. Having a swimming pool added and not entering on the deeds is not the same as handing over cash and then saying you paid a lot less than you did. Won't make any difference if they sit behind a desk or go out and look if demands are being made when nothing has been added. Yes, I am confused.
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Hi new to forum just had a bill from Hacienda for myself and husband for 16k for a property purchased in Aug 2009. We paid by direct debit thus money to our legal rep who did not forward it.We are seeing a solicitor this week but wondered if this debt can be paid in instalments? Thank you
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recently bought a small ruinous town house in cocentaina from solvia bank and now have been sent a bill for extra 2300 euros. any help or advice would be gratefully received. local town hall gave me 30 days to make property safe or they will declare it a ruin. regards rusty
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I paid and appealed mine in February this year. The Tribunal still have not adjudicated on it. Of course they're still sitting on my money.
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hi,
did you lodge the appeal yourself or did you have to pay a lawyer to do it.
regards,
rusty
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Did it myself. The amounts did not make it worthwhile to employ anybody.
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hi,
could you tell me the process you followed please, was it complex ?
regards,
rusty
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It's called "un recurso". You have to set out in Spanish the grounds for denying that their assessment is accurate, and enclose any relevant documentation. In my case the price was assessed as a result of a settlement of litigation of which they knew nothing.
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hi,
thats great. is that done through the local town hall or the hacienda ?.
also is there a time limit to 1. pay the tax. 2 register the appeal.
my house was purchased from a bank in a dillapidated condition so as such the price declared was price paid not just
declared. it seems their value is based on a habitable property not a near ruin.
regards.
rusty.
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Hacienda. The time limits only apply if you haven't paid.
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Hi,
I am new to this forum. We have been through this problem after buying our appartment here in spain. The hacienda or tax office opened a file on us and dropped it ast it was not conform. They just opened a new one just on my wife. So it seems they can open as many cases as they want and harrass honest people and most of them foreigners as much they want.
When I read that people say it is not illegal I doubt it. When people say we cannot do anything I doubt it. We all need to fight this, by petition, letters, protests, European commission and all the means possible. I intend to open a web site just for this purpose and remove all my assets from Spain and pay only from French account or american account till this process stops. I will come back on this when I get some replies. I know a European deputy and I am sure other of you have some friends.
And if people say it is not worth, we will see. If we fight some people will certainly loose their jobs at the tax office and the other will be be more honest.
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I entered my appeal in February 2014. I am still waiting to find out whether it has been successful. My numerous emails have gone unanswered, as has my complaint to theOmbudsman.
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