23 Feb 2012 10:50 AM:

 Thank you for that clarification.  We were non residents whilst owning the property in Spain.  So we can assume therefore, that the age criteria does not apply to non residents, nor the 5 year ownership, and that the retention tax will be refunded to us at some time in the not too distant future

Thread: 3% retention tax

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23 Feb 2012 8:44 AM:

 Unfortunately, on this occasion, the solicitor was acting on behalf of the vendors and the purchasers.  So we are assuming that the solicitor would have paid the retention fee to the local Hacienda.    If what you say is correct about the fact that as we are both over 65 and therefore would not be subject to this retention,  what do you suggest we do to get this money back or who do you suggest we contact.

 

Any helful advice would be appreciated 

Thread: 3% retention tax

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23 Feb 2012 2:13 AM:

We sold our property in June 2011 at a considerble loss, both of us had owned the property since 2006 - we are both aged 65 +.  However, our solicitor retained 3% of the selling price and we are still waiting for this to be refunded to us  Incidentally, we paid and have a receipt in the sum of 250 euros which he charged us for claiming back the retention fee..  Am I to understand from the above comments that the retention should not have been taken on the grounds that a) we owned the property for over 5 years and b) we are both over 65.  

Some clarification would be welcome on this point.

We are back in the Uk now and have written to the solicitor asking when we might receive the retention fee back.  We have not received an acknowledgement  or have had no communication from him since we sold the property.  Any suggestions on how we proceed would also be useful

 

 

 

Thread: 3% retention tax

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31 Aug 2011 4:47 PM:

 It is regrettable that it is necessary to check out a lawyer's competence before engaging them.  With the extortionate fees that they charge you would expect them to carry out the necessary basic enquiries  competently.

Thread: Take your Solicitor (Abogado) to court.

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31 Aug 2011 12:16 PM:

 What about protection for the seller when the solicitor has failed to carry out the necessary searches and made enquiries on behalf of the seller.  At the same time acting for the purchaser

Thread: Take your Solicitor (Abogado) to court.

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